Mich. Comp. Laws » Michigan Compiled Laws / Chapter 722 / Act 238 of 1975

Mich. Comp. Laws § 722.638

Submission of petition for authorization under MCL 712A.2; conditions; request for termination of parental rights; conference.

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CHILD PROTECTION LAW


Act 238 of 1975


722.638 Submission of petition for authorization under MCL 712A.2; conditions; request for termination of parental rights; conference.

Sec. 18.

    (1) The department shall submit a petition for authorization by the court under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, if 1 or more of the following apply:

    (a) The department determines that a parent, guardian, or custodian, or a person who is 18 years of age or older and who resides for any length of time in the child's home, has abused the child or a sibling of the child and the abuse included 1 or more of the following:

    (i) Abandonment of a young child.

    (ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.

    (iii) Battering, torture, or other serious physical harm.

    (iv) Loss or serious impairment of an organ or limb.

    (v) Life threatening injury.

    (vi) Murder or attempted murder.

    (b) The department determines that there is risk of harm, child abuse, or child neglect to the child and either of the following is true:

    (i) The parent's rights to another child were terminated as a result of proceedings under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state and the parent has failed to rectify the conditions that led to the prior termination of parental rights.

    (ii) The parent's rights to another child were voluntarily terminated following the initiation of proceedings under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2, or a similar law of another state, the parent has failed to rectify the conditions that led to the prior termination of parental rights, and the proceeding involved abuse that included 1 or more of the following:

    (A) Abandonment of a young child.

    (B) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.

    (C) Battering, torture, or other serious physical harm.

    (D) Loss or serious impairment of an organ or limb.

    (E) Life-threatening injury.

    (F) Murder or attempted murder.

    (G) Voluntary manslaughter.

    (H) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter.

    (2) In a petition submitted as required by subsection (1), if a parent is a suspected perpetrator or is suspected of placing the child at an unreasonable risk of harm due to the parent's failure to take reasonable steps to intervene to eliminate that risk, the department shall include a request for termination of parental rights at the initial dispositional hearing as authorized under section 19b of chapter XIIA of 1939 PA 288, MCL 712A.19b.

    (3) If the department is considering petitioning for termination of parental rights at the initial dispositional hearing as authorized under section 19b of chapter XIIA of 1939 PA 288, MCL 712A.19b, even though the facts of the child's case do not require departmental action under subsection (1), the department shall hold a conference among the appropriate agency personnel to agree upon the course of action. The department shall notify the attorney representing the child of the time and place of the conference, and the attorney may attend. If an agreement is not reached at this conference, the department director or the director's designee shall resolve the disagreement after consulting the attorneys representing both the department and the child.

    

    

History: Add. 1997, Act 168, Eff. Mar. 31, 1998 ;-- Am. 1998, Act 383, Eff. Mar. 23, 1999 ;-- Am. 1998, Act 428, Imd. Eff. Dec. 30, 1998 ;-- Am. 2010, Act 12, Eff. Sept. 4, 2010 ;-- Am. 2018, Act 59, Eff. June 12, 2018 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022

Notes of Decisions
Cited in 172 cases (119 in the last 5 years), 2001–2026 · leading case: In Re Rood
Sort: Relevance Newest Treatment
In Re Rood (2009) mich · cites it 6× “19a(2); MCL 722.638(1) and (2). Thus, the trial court again thwarted the statutory scheme by presuming that respondent was a danger to A.”
In Re AH (2001) michctapp · cites it 8× “ild on January 15, 1998, respondent had been arrested twice for domestic violence, (3) that she had left the child in the care and custody of her cohabitant, Robert Huiskens, who had a long history of substance abuse leading to several arrests and who had been listed twice as a…”
Rebecca Jasinski v. Sheri Tyler (2013) ca6 · cites it 7× “Procedural Due Process Defendants also argue that the district court erred in finding that Jasinski pled a valid procedural due process claim based on Defendants’ failure to comply with the Michigan Child Protection Law, Mich. Comp. Laws § 722.638 . To establish a procedural due…”
In Re Mason (2010) mich · cites it 2× “19a(2); MCL 722.638(1) and (2). The DHS did not present any evidence suggesting that respondent had ever harmed a child.”
In re Gach (2016) michctapp · cites it 2× “MCL 722.638(2) in turn directs that when a parent who is subject to such a petition “is a suspected perpetrator.”
In re Pops (2016) michctapp · cites it 2× “19a(2); MCL 722.638(1) and (2). [In re Mason, 486 Mich at 165 .”
In Re HRC (2009) michctapp “MCL 722.638(l)(a)(ii) mandates that petitioner seek termination of parental rights when the parents are suspected of perpetuating sexual abuse upon the minor children or their siblings and when a parent fails to intervene to ehminate that risk.”
In Re JL (2009) mich · cites it 2× “[4] Both the initial and supplemental termination petitions cited MCL 722.638(1)(b)( i ), which provides: (1) The department shall submit a petition for authorization by the court under section 2(b) of chapter XIIA of 1939 PA 288 , MCL 712A.”
In re Dearmon (2014) michctapp “See MCL 722.638(l)(b)(¿) and (2). We highlight that the amended petitions were not “supplemental petitions.”
In re Hicks (2016) michctapp “The statute provides that reasonable reunification efforts are not required in limited circumstances, such as when the parent has been convicted in the killing or serious injury of the child’s sibling, has had his or her parental rights terminated to the child’s sibling, is a…”
In Re barber/espinoza Minors (2025) mich · cites it 130× “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
Council of Organizations & Others for Ed v. State of Michigan (2018) michctapp · cites it 2× “621 to MCL 722.638; annual school bus inspections, Mich Admin Code, R 257.”
Show all 172 citing cases →
— Mich. Comp. Laws § 722.638(1) — 71 cases
In Re Rood (2009) mich “19a(2); MCL 722.638(1) and (2). Thus, the trial court again thwarted the statutory scheme by presuming that respondent was a danger to A.”
In Re Mason (2010) mich “19a(2); MCL 722.638(1) and (2). The DHS did not present any evidence suggesting that respondent had ever harmed a child.”
In re Pops (2016) michctapp “19a(2); MCL 722.638(1) and (2). [In re Mason, 486 Mich at 165 .”
In re Hicks (2016) michctapp “The statute provides that reasonable reunification efforts are not required in limited circumstances, such as when the parent has been convicted in the killing or serious injury of the child’s sibling, has had his or her parental rights terminated to the child’s sibling, is a…”
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
— Mich. Comp. Laws § 722.638(1)(a) — 35 cases
In Re Rood (2009) mich “19a(2); MCL 722.638(1) and (2). Thus, the trial court again thwarted the statutory scheme by presuming that respondent was a danger to A.”
In Re berryman/hurd/morgan/morgan-hurd Minors (2026) michctapp
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
In Re Kv Minor (2025) michctapp
In Re M R Simonetta Minor (2022) michctapp
— Mich. Comp. Laws § 722.638(1)(a)(i) — 9 cases
In Re a Ickes Minor (2025) michctapp
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
In Re Bullard Minors (2023) michctapp
In Re munoz/rodriguez/ruiz Minors (2023) michctapp
In Re king/simmons/smith Minors (2024) michctapp
— Mich. Comp. Laws § 722.638(1)(a)(ii) — 45 cases
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
In Re casper/washington Minors (2022) michctapp
In Re P a S Lindsey Minor (2026) michctapp
20221122_C360481_40_360481.Opn.Pdf (2022) michctapp
In Re E E Schaller-Pratton Minor (2025) michctapp
— Mich. Comp. Laws § 722.638(1)(a)(iii) — 29 cases
20221117_C358904_42_358904.Opn.Pdf (2022) michctapp
In Re M R Simonetta Minor (2022) michctapp
In Re M R Simonetta Minor (2022) michctapp
in Re Harbert Minors (2016) michctapp
In Re watson/watkins Minors (2023) michctapp
— Mich. Comp. Laws § 722.638(1)(a)(iv) — 2 cases
in Re L D Rippy Minor (2019) michctapp
20241120_C369568_48_369568.Opn.Pdf (2024) michctapp
— Mich. Comp. Laws § 722.638(1)(a)(v) — 1 case
In Re J Moore Minor (2025) michctapp
— Mich. Comp. Laws § 722.638(1)(a)(vi) — 4 cases
in Re Bryan Minors (2016) michctapp
in Re a Bergren Minor (2021) michctapp
20241120_C369568_48_369568.Opn.Pdf (2024) michctapp
In Re C C M Baskin Minor (2026) michctapp
— Mich. Comp. Laws § 722.638(1)(b) — 5 cases
In Re JL (2009) mich “[4] Both the initial and supplemental termination petitions cited MCL 722.638(1)(b)( i ), which provides: (1) The department shall submit a petition for authorization by the court under section 2(b) of chapter XIIA of 1939 PA 288 , MCL 712A.”
20250102_C369318_39_369318.Opn.Pdf (2025) michctapp
20250226_C371170_50_371170.Opn.Pdf (2025) michctapp
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
In Re R S Glover Minor (2025) michctapp
— Mich. Comp. Laws § 722.638(1)(b)(i) — 12 cases
In Re E Schoolcraft Minor (2024) michctapp
in Re L C Smith Minor (2018) michctapp
in Re L C Smith Minor (2018) michctapp
In Re O L Edie Minor (2025) michctapp
in Re Nl Benson Minor (2017) michctapp
— Mich. Comp. Laws § 722.638(2) — 51 cases
In Re AH (2001) michctapp “ild on January 15, 1998, respondent had been arrested twice for domestic violence, (3) that she had left the child in the care and custody of her cohabitant, Robert Huiskens, who had a long history of substance abuse leading to several arrests and who had been listed twice as a…”
In re Gach (2016) michctapp “MCL 722.638(2) in turn directs that when a parent who is subject to such a petition “is a suspected perpetrator.”
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
in Re a Bergren Minor (2021) michctapp
In Re barber/espinoza Minors (2024) michctapp
— Mich. Comp. Laws § 722.638(2)(c) — 1 case
In Re L D Leaster Jr Minor (2026) michctapp
— Mich. Comp. Laws § 722.638(3) — 5 cases
In Re barber/espinoza Minors (2025) mich “19a(2)(a), which excuses DHHS’s duty to provide reasonable efforts to reunify the child and family if there is a judicial determination that the parent has subjected the child to aggravated circumstances as provided in MCL 722.638. To excuse the reasonable-efforts requirement…”
In Re barber/espinoza Minors (2024) michctapp
in Re Adams-Lee Minors (2019) michctapp
in Re L D Rippy Minor (2019) michctapp
in Re L D Rippy Minor (2019) michctapp
— Mich. Comp. Laws § 722.638(3)(i) — 1 case
In Re barber/espinoza Minors (2024) michctapp
— Mich. Comp. Laws § 722.638(3)(iii) — 1 case
In Re barber/espinoza Minors (2024) michctapp
— Mich. Comp. Laws § 722.638(a) — 2 cases
in Re a Bergren Minor (2021) michctapp
In Re bell/benson Minors (2022) michctapp
— Mich. Comp. Laws § 722.638(a)(ii) — 1 case
In Re Moen Minors (2026) michctapp
— Mich. Comp. Laws § 722.638(b) — 1 case
in Re a Bergren Minor (2021) michctapp
— Mich. Comp. Laws § 722.638(b)(i) — 1 case
in Re E L Thomas Minor (2015) michctapp
— Mich. Comp. Laws § 722.638(l)(a) — 1 case
In Re Rood (2009) mich “19a(2); MCL 722.638(1) and (2). Thus, the trial court again thwarted the statutory scheme by presuming that respondent was a danger to A.”
— Mich. Comp. Laws § 722.638(l)(a)(ii) — 1 case
In Re HRC (2009) michctapp “MCL 722.638(l)(a)(ii) mandates that petitioner seek termination of parental rights when the parents are suspected of perpetuating sexual abuse upon the minor children or their siblings and when a parent fails to intervene to ehminate that risk.”
— Mich. Comp. Laws § 722.638(l)(b) — 2 cases
In Re AH (2001) michctapp “ild on January 15, 1998, respondent had been arrested twice for domestic violence, (3) that she had left the child in the care and custody of her cohabitant, Robert Huiskens, who had a long history of substance abuse leading to several arrests and who had been listed twice as a…”
In re Dearmon (2014) michctapp “See MCL 722.638(l)(b)(¿) and (2). We highlight that the amended petitions were not “supplemental petitions.”
— Mich. Comp. Laws § 722.638(l)(b)(i) — 3 cases
In re Gach (2016) michctapp “MCL 722.638(2) in turn directs that when a parent who is subject to such a petition “is a suspected perpetrator.”
In Re AH (2001) michctapp “ild on January 15, 1998, respondent had been arrested twice for domestic violence, (3) that she had left the child in the care and custody of her cohabitant, Robert Huiskens, who had a long history of substance abuse leading to several arrests and who had been listed twice as a…”
In Re JL (2009) mich “[4] Both the initial and supplemental termination petitions cited MCL 722.638(1)(b)( i ), which provides: (1) The department shall submit a petition for authorization by the court under section 2(b) of chapter XIIA of 1939 PA 288 , MCL 712A.”
— Mich. Comp. Laws § 722.638(l)(b)(ii) — 1 case
In Re AH (2001) michctapp “ild on January 15, 1998, respondent had been arrested twice for domestic violence, (3) that she had left the child in the care and custody of her cohabitant, Robert Huiskens, who had a long history of substance abuse leading to several arrests and who had been listed twice as a…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.