Section 712A.28 - Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; copies; defini
PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
712A.28 Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; copies; definitions.
Sec. 28.
(1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. The records shall be open only by court order to persons having a legitimate interest, except that diversion records shall be open only as provided in the juvenile diversion act.
(2) Beginning June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. Except as otherwise provided in this subsection, records of a case brought before the court shall be open to the general public. Diversion records shall be open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing shall be open only by court order to persons having a legitimate interest.
(3) If the court issues an order in respect to payments by a parent under section 18(2) of this chapter, a copy shall be mailed to the department of treasury. Action taken against parents or adults shall not be released for publicity unless the parents or adults are found guilty of contempt of court. The court shall furnish the family independence agency and a county juvenile agency with reports of the administration of the court in a form recommended by the Michigan association of probate and juvenile court judges. Copies of these reports shall, upon request, be made available to other state departments by the family independence agency.
(4) As used in this section:
(a) “Juvenile diversion act” means the juvenile diversion act, 1988 PA 13, MCL 722.821 to 722.831.
(b) “Persons having a legitimate interest” includes a member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.28 ;-- Am. 1959, Act 184, Eff. Mar. 19, 1960 ;-- Am. 1980, Act 499, Imd. Eff. Jan. 21, 1981 ;-- Am. 1982, Act 330, Imd. Eff. Dec. 14, 1982 ;-- Am. 1984, Act 420, Imd. Eff. Dec. 28, 1984 ;-- Am. 1986, Act 170, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 18, Eff. Apr. 1, 1988 ;-- Am. 1988, Act 91, Eff. Apr. 1, 1988 ;-- Am. 1989, Act 73, Imd. Eff. June 16, 1989 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 1998, Act 478, Eff. Jan. 12, 1999
Former Law: See section 13 of Ch. XII of Act 288 of 1939; and CL 1929, § 12836.
Popular Name: Probate Code
Popular Name: Juvenile Code