Chapter 720

PROBATE

LABOR CLAIMS

Act 12 of 1941

720.1-720.3 Repealed. 1978, Act 642, Eff. July 1, 1979.





UNIFORM ESTATE TAX APPORTIONMENT ACT

Act 144 of 1963

720.11-720.21 Repealed. 2000, Act 54, Eff. Apr. 1, 2000.





SETTLEMENT OF CONTEST OF CERTAIN WILLS

Act 207 of 1917

720.51-720.53 Repealed. 1978, Act 642, Eff. July 1, 1979.





UNITED STATES SAVINGS BONDS; RIGHT OF PAYEES

Act 178 of 1945

720.81 Repealed. 1978, Act 642, Eff. July 1, 1979.





DELIVERY OF INTANGIBLE PERSONALTY TO DOMICILIARY REPRESENTATIVE

Act 242 of 1968

720.91 Repealed. 1978, Act 642, Eff. July 1, 1979.





UNIFORM SIMULTANEOUS DEATH ACT

Act 73 of 1941

720.101-720.108 Repealed. 1998, Act 386, Eff. Apr. 1, 2000.





CONTINUATION OF DECEDENT'S BUSINESS BY FIDUCIARY

Act 305 of 1941

720.151-720.164 Repealed. 1978, Act 642, Eff. July 1, 1979.





STATE PUBLIC ADMINISTRATOR

Act 194 of 1947

AN ACT to provide for the administration of the estates of deceased persons in certain cases; to provide for the appointment of a public administrator for the state; to provide for the appointment of county public administrators; and to define and prescribe their powers and duties.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- Am. 1976, Act 180, Imd. Eff. July 1, 1976




The People of the State of Michigan enact:


720.201 State public administrator; appointment, term, salary, expenses.

Sec. 1.

     There shall be a public administrator for the state of Michigan, to be known in this act as the “state public administrator.” The governor shall appoint, upon the recommendation of the attorney general, 1 of the assistants attorney general to act and hold office during the pleasure of the governor as such state public administrator. Such assistant attorney general shall receive no other or further annual salary than that paid to him as an assistant attorney general for services performed while acting as state public administrator. His actual and necessary traveling expenses shall be allowed and paid in the same manner as other accounts of assistants attorney general of like nature are allowed and paid, and the attorney general shall provide him with stationery, supplies and equipment and such legal and clerical assistance as may be required in the maintenance and performance of the duties of his office.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.201





720.202 County public administrator; appointment, qualifications, and term; source of compensation.

Sec. 2.

     The state public administrator, when he deems it necessary because of the volume or nature of the duties of his office to engage assistance in the performance thereof, may appoint in any county of this state, as county public administrators, thereof and therefor, any person or persons suitable and competent to administer estates of deceased persons. Each county public administrator shall hold office at the pleasure of the state public administrator and shall be appointed to act as county public administrator only in and of the county in which he maintains his legal residence or principal place of business. A county public administrator shall not receive a salary or other emoluments of office but shall, when appointed fiduciary of an estate by virtue of this act, be allowed all necessary expenses incurred in the administration thereof, together with other fees, compensation, and allowances authorized by statute and by order of the judge of probate to be paid the fiduciary out of the estate, all of which expenses, fees, compensation, and allowances shall be paid out of the corpus of the estate administered. In a county of this state in which there is no person both suitable and willing to act as a county public administrator in and for the county, the state public administrator may appoint the county public administrator of an adjoining county to act in that county.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.202 ;-- Am. 1976, Act 180, Imd. Eff. July 1, 1976





720.203 Repealed. 1978, Act 642, Eff. July 1, 1979.


Compiler's Notes: The repealed section pertained to conditions of granting administration of estate to state public administrator.





720.204 State public administrator; filing copy of appointment of county public administrator, letters of administration.

Sec. 4.

     Whenever the state public administrator shall file with the probate court of any county a copy, certified by said state public administrator, of the appointment of a county public administrator to act in the county in which the certificate is so filed, then letters of administration may, instead of being issued and granted to the state public administrator, be granted and issued to such county public administrator, and he shall be entitled to receive the same at any time that his appointment as such remains in full force and effect.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.204





720.205 Repealed. 1978, Act 642, Eff. July 1, 1979.


Compiler's Notes: The repealed section pertained to petition for administration.





720.206 State or county public administrator; powers and authority.

Sec. 6.

     The state public administrator and the duly appointed and acting county public administrators shall have all the powers and authority of a fiduciary now or hereafter conferred by law, and shall be subject to the same obligations and liabilities in the administering of estates coming under their control by reason of their appointment as fiduciary under the provisions of this act. It is the intent of this act that all estates coming within the supervision and control of the state public administrator and the control of the duly appointed and acting county public administrators shall be administered in like manner as other estates of decedents are or may be administered, except only as herein provided.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.206





720.207 State or county public administrator; bonds.

Sec. 7.

     Instead of a separate bond for each estate, the state public administrator shall give a general bond running to the people of the state of Michigan, conditioned for the faithful administration of all estates on which letters of administration may be granted to him, which bond shall be in the penal sum of $10,000.00 with sufficient surety or sureties to be approved by the governor. Every county public administrator, before letters of administration shall be granted to him in connection with any estate in which he may be called upon to act as fiduciary under the provisions of this act, shall give a bond in each separate estate to the judge of probate with such surety or sureties and in such amount as he shall direct and approve, said bond to embrace and include the same conditions required of any other fiduciary appointed and acting under the general probate laws of this state.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.207





720.208 Repealed. 1978, Act 642, Eff. July 1, 1979.


Compiler's Notes: The repealed section pertained to appointment of special administrator.





720.209 State public administrator; vacancy, filling; bond of predecessor fiduciary, continuation.

Sec. 9.

     In case of a vacancy occurring in the office of state public administrator from any cause, it shall be the duty of the governor and the attorney general to fill such vacancy forthwith in the manner as in this act provided for appointment of a state public administrator. Upon qualification for such office the succeeding state public administrator shall be the fiduciary of any unclosed estate to which his predecessor was appointed fiduciary under the provisions of this act, and he shall forthwith notify each probate court having jurisdiction of any such unclosed estate of such appointment, and such successor state public administrator shall be entitled to the possession of all the property, bank accounts, books, papers and records pertaining to any such estate, and shall, under the direction of said probate court, proceed to completion of administration of any such estate. The bond of such predecessor fiduciary may be continued as the bond of the new appointee, with the consent of the surety or sureties thereon, but in the event of a new bond being filed, the surety, if a corporation, shall refund the unearned premium on such cancelled bond.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.209





720.210 County public administrator; vacancy, filling.

Sec. 10.

     In case of a vacancy occurring in the office of county public administrator in and for any county from any cause, the state public administrator may fill such vacancy forthwith and thereupon notify the probate court of the county in which such vacancy occurred of the fact of such vacancy and the name of the county public administrator so appointed to fill such vacancy.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.210





720.211 County public administrator; termination of appointment; petition to resign trust and for discharge; final accounting.

Sec. 11.

     Whenever the appointment of any county public administrator shall terminate, other than by reason of death or incapacity, it shall be within the discretion of the state public administrator either to permit such county public administrator whose appointment has terminated to proceed with the administration of any estate in which he has been appointed fiduciary by virtue of the provisions of this act, or to make written request that such county public administrator present to the probate court, within a reasonable length of time, a petition in manner and form as is in the general probate laws of this state provided, praying that he be permitted to resign his trust, together with his final account, praying also that such final account may be judicially settled and that he be discharged in accordance with the provisions of the general probate laws. The said petition, when made pursuant to the written request of the state public administrator, acting for and in the interests of the people of the state of Michigan, shall constitute sufficient grounds for the entertaining thereof by the judge of probate having jurisdiction of any such estate, and for the granting of the prayer thereof: Provided, That where it appears from such final account that any such estate has been fully administered, upon the allowance thereof by the judge of probate, such fiduciary may be permitted to proceed to close out said estate, to distribute the residue thereof, and to receive his discharge according to law.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.211





720.212 County public administrator; petition to remove on failure to render final account; proof of mailing; notice of hearing; release of sureties.

Sec. 12.

     Whenever the state public administrator shall request any county public administrator, whose appointment as such has terminated, to present within a reasonable length of time to the probate court the aforesaid petition, praying that he be permitted to resign his trust, together with his final account as in this act provided, and such former county public administrator has failed, neglected or refused to comply with such request, the attorney general or the state public administrator, may thereupon, on behalf of the people of the state of Michigan, petition the probate court for the removal of such former county public administrator as fiduciary of any estate in which he received such appointment by virtue of the provisions of this act. The said petition of the attorney general or the state public administrator shall have attached thereto a true copy of the aforesaid request, together with proof of mailing thereof to the former county public administrator at his last known place of business at least 10 days prior to the date of filing of said petition, and such petition shall thereupon constitute sufficient grounds for the granting of the prayer for the removal of said fiduciary and the entry of an order by the judge of probate directing said fiduciary to render his final account: Provided, That notice of hearing on said petition shall be in manner and form as provided in the general probate laws of this state: Provided further, That the sureties of such fiduciary shall not be released from liability until such fiduciary shall have fully settled and adjusted his accounts as by law required.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.212





720.213 County public administrator; accounting and petition for compensation; proof of mailing; approval.

Sec. 13.

     Whenever a county public administrator whose appointment has terminated shall present to the probate court the final account as in this act provided, or whenever any county public administrator shall have rendered any account in any estate in which he has been appointed fiduciary under the provisions of this act, he shall, within 24 hours after same is regularly noticed for hearing, mail to the state public administrator a true copy of such account, together with any petition for extra compensation or allowance filed in conjunction with said account, and file proof of mailing thereof with the probate court. The state public administrator upon receipt thereof shall examine such account and may indicate his approval or disapproval thereof to the probate judge having jurisdiction thereof prior to the date of hearing thereon, and may appear in said probate court to contest any or all parts thereof and the attorney general may appear in like manner for the same purpose, and the said judge of probate shall not pass upon said account in the absence of the aforesaid proof of mailing.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.213





720.214 County public administrator; termination of appointment as special administrator; final accounting, filing; general administrator.

Sec. 14.

     In all estates wherein the county public administrator whose appointment has terminated is acting as special administrator by virtue of the provisions of this act, he shall, upon the request of the state public administrator, forthwith prepare and file final accounts as such special administrator and notice the same on for hearing as provided in the general probate laws of this state, and shall within 24 hours thereafter transmit a true copy thereof to the state public administrator, filing proof of mailing thereof in the probate court. The state public administrator shall have the same powers and duties in respect to the said accounts of the special administrator as is in this act provided for general administration. In the event that there remains in such estates assets to be administered, the said state public administrator, or any county public administrator specifically designated by him, shall forthwith petition for the appointment of a county public administrator as general administrator of such estates, pursuant to the provisions of this act.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.214





720.215 County public administrator; vacancy due to death or incapacity, filling.

Sec. 15.

     Whenever a vacancy shall occur in the office of county public administrator because of the death or incapacity of such county public administrator, the state public administrator, or any county public administrator specifically designated by him, shall petition the probate court, pursuant to the provisions of this act, for appointment as special and/or successor general administrator in each estate in which such deceased or incapacitated county public administrator was appointed fiduciary by virtue of the provisions of this act.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.215





720.216 County public administrator; appointment as successor fiduciary; allowance of fees.

Sec. 16.

     Whenever any county public administrator shall be appointed as a successor fiduciary of any estate pursuant to the provisions of this act, he shall be allowed only a ratable and proportionate fee for this service, the same to be as provided by the general probate laws of this state and as determined by the judge of probate, to the end that the corpus of no estate shall be unjustifiably diminished by reason of the change of fiduciary as herein provided.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.216





720.217 County public administrator; report by fiduciary as to facts causing delay and preventing closing of estate.

Sec. 17.

     Whenever any county public administrator shall have been appointed fiduciary of any estate by virtue of the provisions of this act, and more than 1 year shall have elapsed since the date of issuance of letters of administration to such fiduciary, and said estate shall not have been closed, the said fiduciary shall in writing inform the state public administrator of the facts and circumstances preventing the closing of such estate.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.217





720.218 State or county public administrator; escheated property turned over to state treasurer.

Sec. 18.

     If the state public administrator or a county public administrator has been appointed fiduciary of an estate under the provisions of this act and has completely administered the estate and if the residue of the estate has been assigned to the people of the state of Michigan as an escheated estate by the judge of probate having jurisdiction of the estate, the fiduciary shall deliver the assigned residue to the state treasurer pursuant to the uniform unclaimed property act, together with a true copy of petition for appointment of administrator and certified copies of final account, order allowing final account, and order assigning residue. In addition to the requirements under the uniform unclaimed property act, the state treasurer, upon receipt of the residue of the estate, shall furnish the fiduciary with official receipts for the residue, in duplicate, 1 to be filed with the probate court having jurisdiction of the estate, the other to be retained by the fiduciary. The fiduciary shall deliver to the state treasurer, together with the residue, any personal effects of the deceased, such as abstracts of title pertaining to real estate that has escheated to the state, unsurrendered insurance policies, receipts, documents, correspondence, or other material having probative value that has come into the possession of the fiduciary and would tend to prove or refute any future claim of ownership in or to the residue. The state treasurer shall hold the personal effects of the deceased pursuant to the uniform unclaimed property act and make them a part of the records of the estate.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.218 ;-- Am. 1995, Act 47, Eff. Jan. 1, 1996





720.219 State or county public administrator; interest in estate property prohibited.

Sec. 19.

     No state public administrator or county public administrator, when appointed fiduciary of any estate by virtue of the provisions of this act, shall directly or indirectly, in any manner whatsoever, acquire any interest in, or bargain for, any property or any benefits incident to such property, which shall or may come into his possession or under his control as such fiduciary, nor shall he acquire any interest in, or bargain for, any property belonging to any other estate being administered by any county public administrator who has been appointed fiduciary thereof by virtue of the provisions of this act. Further, no such fiduciary shall commingle the funds and property of any such estate with his own or with any other property or funds: Provided, however, That such fiduciary may place on deposit in 1 or more bank accounts such funds as come into his possession as such fiduciary but any interest received on such accounts shall be prorated among each such estate contributing to such common bank account and shall not become the personal property of such fiduciary.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.219





720.220 State or county public administrator; continuation after discovery of heir; expenses; receipts turned over to state treasurer.

Sec. 20.

     Whenever the state public administrator or a county public administrator shall be appointed fiduciary of any estate under the provisions of this act, and it shall subsequently appear or be discovered that the deceased left surviving a husband, wife, or next of kin entitled to a distributive share in such estate, and such heir or next of kin shall, under the provisions of the general probate laws of this state, be competent and willing to administer such estate, the state public administrator or such county public administrator shall nevertheless continue as fiduciary of such estate. When such fiduciary shall be the state public administrator, the judge of probate, before making the order assigning the residue in any such estate and wherein the residue is not assigned to the state of Michigan as an escheated estate, shall first allow and order paid to the said state public administrator out of the corpus of said estate, all of the expenses incurred by such fiduciary in administering said estate, together with such other fees, compensation and allowances as are authorized by the general probate laws of this state and by order of such probate judge to be paid to such fiduciary out of such estate. All monies so paid to the state public administrator shall be forthwith delivered by him to the state treasurer, who in turn, shall place such money to the credit of the general fund of the state.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.220





720.221 State or county public administrator; access to property, papers and records.

Sec. 21.

     The state public administrator, or any person specifically designated by him to act in his behalf, shall at all times have access to and the right to inspect any and all property, books, papers and records, in the possession or under the control of any county public administrator or former county public administrator, pertaining to any and all estates on which letters of administration have been issued to said present or former county public administrator by virtue of the provisions of this act, and may require of any such present or former county public administrator a certified or exemplified copy of any petition, inventory, account, order or pleading, original of which has been filed in the probate court in any estate wherein said present or former county public administrator is or was acting as fiduciary, under the provisions of this act.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.221





720.222 Retroactive construction of act.

Sec. 22.

     This act, in all of its provisions, is intended to be retroactive, and it shall be construed as applying retrospectively to all persons, property and estates coming within its purview.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.222





720.223 Repeal; saving clause.

Sec. 23.

     Act No. 15 of the Public Acts of 1923, being sections 15611 to 15623, inclusive, of the Compiled Laws of 1929, is hereby repealed, except that all appointments made thereunder and all letters of administration issued to the state public administrator or to any county public administrator by virtue of said act, shall remain valid and such state public administrator or such county public administrator heretofore appointed as fiduciary of any such estate under the provisions of that act or pursuant to the general probate laws of this state, shall be subject to the provisions of this act. Nothing in this act shall be construed to repeal the provisions of Act. No. 288 of the Public Acts of 1939, and amendments thereto, and any parts of this act inconsistent therewith shall be deemed to modify that act only to that extent.


History: 1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.223




VALIDATION OF REAL ESTATE SALES

Act 229 of 1911

720.251 Repealed. 1978, Act 642, Eff. July 1, 1979.





STERILIZATION OF MENTAL DEFECTIVES

Act 281 of 1929

720.301-720.310 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.





DEBTS FOR MILK AND CREAM AS PREFERRED CLAIMS

Act 206 of 1935

720.401,720.402 Repealed. 1978, Act 642, Eff. July 1, 1979.





MISSING PERSONS

Act 44 of 1947

AN ACT relative to evidence of death or status of missing persons; and to provide for the receipt of such evidence in any court, office, or other place in this state.


History: 1947, Act 44, Eff. Oct. 11, 1947




The People of the State of Michigan enact:


720.501 Missing persons; finding of presumed death; prima facie evidence.

Sec. 1.

     A written finding of presumed death, made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such finding, pursuant to the federal missing persons act (56 Stat. 143, 1092, and 58 Stat. 679; 50 U.S.C. App. 1001-17), as now or hereafter amended or supplemented, or a duly certified copy of such finding, shall be received in any court, office or other place in this state as prima facie evidence of the death of the person therein found to be dead, and the date, circumstances and place of his disappearance.


History: 1947, Act 44, Eff. Oct. 11, 1947 ;-- CL 1948, 720.501





720.502 Missing, interned or captive persons; report, prima facie evidence.

Sec. 2.

     An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized by the act referred to in section 1 or by any other law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, as the case may be.


History: 1947, Act 44, Eff. Oct. 11, 1947 ;-- CL 1948, 720.502





720.503 Findings, reports and records; signature of federal officer deemed evidence of authority; certified copy.

Sec. 3.

     For the purposes of sections 1 and 2 of this act any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.


History: 1947, Act 44, Eff. Oct. 11, 1947 ;-- CL 1948, 720.503




DESTRUCTION OF CERTAIN FILES AND RECORDS

Act 29 of 1957

AN ACT to provide for the disposition of certain files and records in the probate courts of this state.


History: 1957, Act 29, Eff. Sept. 27, 1957




The People of the State of Michigan enact:


720.551 Destruction of records; court order; time period; applicability of section to proceedings taken for hospitalization of child or youth with special health care needs.

Sec. 1.

    Subject to section 11 of the Michigan history center act, 2016 PA 470, MCL 399.811, a probate court may order the destruction of files and records described in this section if more than 6 years have passed since the last order of the court in the case. This section applies to proceedings taken for the hospitalization of a child or youth with special health care needs under part 58 of the public health code, 1978 PA 368, MCL 333.5801 to 333.5879.


History: 1957, Act 29, Eff. Sept. 27, 1957 ;-- Am. 2015, Act 92, Imd. Eff. June 25, 2015 ;-- Am. 2017, Act 181, Eff. Feb. 19, 2018




TRANSFER OF JUVENILES BETWEEN INSTITUTIONS

Act 84 of 1949

AN ACT to provide for transfers of inmates of certain state institutions and agencies to other state institutions and agencies for the purpose of receiving care and training.


History: 1949, Act 84, Eff. Sept. 23, 1949




The People of the State of Michigan enact:


720.601 Transfer of juveniles from one state institution or agency to another.

Sec. 1.

     A person who has been committed by the probate court before January 1, 1998, or the family division of circuit court on or after January 1, 1998 or a court of general criminal jurisdiction to an institution or agency of the state which is authorized to receive juveniles under the direction of the former department of mental health, the department of community health, the department of corrections, the former department of social services, or the family independence agency for the purpose of treatment, or training, or both, may be transferred from that institution to any other institution or agency of the state, if it appears to the satisfaction of the superintendent of the institution to which the person has been committed that the person will substantially benefit from the care and training in the other institution or facility and that the interests of the person and of the state will be best served thereby.


History: 1949, Act 84, Eff. Sept. 23, 1949 ;-- Am. 1988, Act 74, Eff. Oct. 1, 1988 ;-- Am. 1996, Act 413, Eff. Jan. 1, 1998
Compiler's Notes: Section 3 of Act 74 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 177 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”





720.602 Transfer of juveniles; written request.

Sec. 2.

     Such a transfer may be made only upon a written request by the said superintendent and the approval of the committing judge and of the governing bodies of the institution or agency of the state from which and to which such transfer shall be made, after notice to the parents of the juvenile or to his legal guardian, if he is under guardianship.


History: 1949, Act 84, Eff. Sept. 23, 1949





720.603 Transfer of juveniles; receiving, training.

Sec. 3.

     Any institution to which any such person is transferred, as in this act provided, shall and is hereby authorized to receive, train, and otherwise care for such person in the same manner as other persons committed to that institution.


History: 1949, Act 84, Eff. Sept. 23, 1949





720.604 Transfer of juveniles; parole and discharge.

Sec. 4.

     While in such institution, he shall be under the laws and rules appertaining thereto, except that his parole and discharge shall continue to be governed by the laws and rules appertaining to the institution or agency to which he was originally committed.


History: 1949, Act 84, Eff. Sept. 23, 1949





720.605 Transfer of juveniles; terms not affected by transfer.

Sec. 5.

     The terms of detention or confinement of a person transferred in accordance with the provisions of this act shall not be extended or increased by reason of any such transfer.


History: 1949, Act 84, Eff. Sept. 23, 1949





720.606 Transfer of juveniles; return to original institution.

Sec. 6.

     Whenever, for any reason, it shall be found that it is not in the best interests of any person to remain in an institution to which he shall have been transferred as provided for and permitted by this act, and the governing body of such institution or agency so requests, such person shall, after satisfactory arrangements therefor have been completed, be returned to the institution or agency from which he was transferred.


History: 1949, Act 84, Eff. Sept. 23, 1949





720.607 Transfer of juveniles; mittimuses, processes and orders to accompany.

Sec. 7.

     Whenever any person is transferred under the provisions of this act, he shall be accompanied by all mittimuses, processes, orders, supplemental orders, a copy of his medical report, and a written statement covering the history and progress of the person, so far as the same are available or can be ascertained.


History: 1949, Act 84, Eff. Sept. 23, 1949





720.608 Transfer of juveniles; expenses, payment.

Sec. 8.

     All expenses incidental to a transfer under this act shall be borne by the department or agency from which the transfer is made.


History: 1949, Act 84, Eff. Sept. 23, 1949




REGIONAL FACILITIES FOR DELINQUENT AND NEGLECTED MINORS

Act 214 of 1963

AN ACT to authorize the establishment of regional facilities for the diagnosis and custody of delinquent and neglected minors; powers and duties of board of supervisors and department of social welfare; create board of trustees, powers and duties of; to authorize taxation for such facilities; to provide penalties; and to repeal certain acts and parts of acts.


History: 1963, Act 214, Imd. Eff. May 17, 1963




The People of the State of Michigan enact:


720.651 Regional facilities for diagnosis and custody of certain minors; construction and operation.

Sec. 1.

     A county or 2 or more contiguous counties, after approval of the state department of social services, may combine together to construct and operate regional facilities for the diagnosis and custody of minors detained under section 14, 15, or 16 of chapter XIIA of Act No. 288 of the Public Acts of 1939, as amended, being sections 712A.14, 712A.15, and 712A.16 of the Michigan Compiled Laws or under section 27a of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being section 764.27a of the Michigan Compiled Laws.


History: 1963, Act 214, Imd. Eff. May 17, 1963 ;-- Am. 1988, Act 77, Eff. Oct. 1, 1988
Compiler's Notes: Section 3 of Act 77 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 180 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”





720.652 Family independence agency; survey; determination; recommendations; approval.

Sec. 2.

     The county board of commissioners of any county or any contiguous counties, by resolution, may authorize the chief judge of the circuit court in the county or in the contiguous counties to request the family independence agency to survey the situation and determine the need for a detention home in the area, or whenever chief judge of the circuit court in a county is requested, in writing, by 1% but not less than 25 electors of the county to initiate proceedings for the organization of the district for the operation of a regional detention home. In either event the chief judge shall be authorized to refer the question to the family independence agency for its recommendations and approval relative to all of the following:
    (a) The size of the district or number of counties to be served.
    (b) The size and type of buildings to be erected.
    (c) The facilities and operating program to be provided in the home.


History: 1963, Act 214, Imd. Eff. May 17, 1963 ;-- Am. 1996, Act 414, Eff. Jan. 1, 1998





720.653 Board of trustees; powers.

Sec. 3.

     A regional facility created under this act shall be governed by a board of trustees which shall be a body corporate with powers to buy, sell, and dispose of property, real and personal, to erect and maintain buildings and facilities, and to employ all necessary personnel. The board of trustees shall consist of a judge of the family division of the circuit court in each judicial circuit that includes a participating county, 1 member appointed by the county board of commissioners from each of the participating counties, and 1 member appointed from the electors residing in each of the participating counties by the other members of the board of trustees. The board of trustees has the authority to adopt mutually agreeable procedures, rules, and regulations as to administration, financial support, and other necessary regulations. The board of trustees may accept on behalf of, and for the use of, the body corporate any gifts, grants, or bequests given or devised to the facility.


History: 1963, Act 214, Imd. Eff. May 17, 1963 ;-- Am. 1996, Act 414, Eff. Jan. 1, 1998





720.654 Referendum.

Sec. 4.

     The board of trustees of the recommended district shall have the authority to submit the question to the voters of 1 or more contiguous counties, consisting of the counties comprising the recommended district, at any state general election or county-wide primary election, as to whether the regional juvenile detention home district should be created and the voters of the district shall be given the opportunity to vote “yes” or “no” on the approval of the district.


History: 1963, Act 214, Imd. Eff. May 17, 1963





720.655 Taxes for construction and operation.

Sec. 5.

     The board of trustees of the district may levy upon the approval of the electors of the district for the purposes heretofore specified, a tax of not more than 1 mill upon each dollar of the state equalized value of the property in each of the counties comprising the regional juvenile detention home area and, from time to time, may submit to the electors of the district at any state general election or county-wide primary election the question of additional assessment or tax for the operation of such homes.


History: 1963, Act 214, Imd. Eff. May 17, 1963





720.656 Capital outlay and construction costs; apportionment.

Sec. 6.

     Capital outlay and construction costs of facilities of such regional facility shall be borne by the counties comprising the region in the following manner:
    (a) Fifty percent of the estimated cost shall be borne by apportioning among the participating counties a percentage of the cost according to the proportion of the county's state equalized valuation bears to the total state equalized valuation of the district.
    (b) Fifty percent of the estimated cost shall be apportioned among the participating counties according to the proportion the individual county's school census bears to the total school census of the participating counties.


History: 1963, Act 214, Imd. Eff. May 17, 1963





720.657 Basic operating costs; other operation expenses.

Sec. 7.

     Basic operating costs of such regional facilities, consisting of maintenance, repairs and custodial personnel and amortization of the capital investment shall be borne by participating counties in the same manner as provided in section 6 for capital outlay. All remaining operating expenses of such facilities shall be borne by establishing a per diem cost per child which shall be charged to participating counties according to their child day use of the facility.


History: 1963, Act 214, Imd. Eff. May 17, 1963





720.658 Board of trustees; contracts with nonparticipating counties, per diem.

Sec. 8.

     The board of trustees of any district is authorized to enter into contracts with nonparticipating counties to provide services for the detention and custody of children committed from such counties at a per diem cost established by the board.


History: 1963, Act 214, Imd. Eff. May 17, 1963





720.659 State social welfare department; supervision, rules, standards, orders, visitation, inspection, records.

Sec. 9.

     The state department of social welfare shall supervise and inspect local and regional facilities and places of detention for juveniles for the purpose of obtaining facts in a manner pertaining to the usefulness and proper management of such facilities, and in promoting proper, efficient and humane administration thereof, and shall promulgate rules and standards with relation thereto. Any reasonable order with respect to such facility may be enforced through mandamus or injunction by the circuit court of the county where the facility is located, through proper proceedings instituted by the attorney general on behalf of the department. Any superintendent or employee of any facility subject to inspection under the provisions of this act, who shall refuse to admit any duly authorized representative of the department of social welfare for the purpose of visitation and inspection, or who shall refuse or neglect to furnish the information required by the said department, or its duly authorized representative, shall be guilty of a misdemeanor. The superintendent and staff of each place of detention for juveniles shall keep such records with respect to the operation of such place of detention as shall be prescribed by the department of social welfare.


History: 1963, Act 214, Imd. Eff. May 17, 1963





720.660 Repeal.

Sec. 10.

     Section 16a of chapter 12A of Act No. 288 of the Public Acts of 1939, being section 712A.16a of the Compiled Laws of 1948, is hereby repealed.


History: 1963, Act 214, Imd. Eff. May 17, 1963



Rendered 8/15/2025 4:38 AM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov