HOUSE BILL No. 5739


     April 2, 1998, Introduced by Reps. Schauer, Bogardus, Kilpatrick, Bankes and Hale and referred to the Committee on Judiciary.


        A bill to amend 1939 PA 288, entitled

   "An act to revise and consolidate the statutes relating to cer-
   tain aspects of the organization and jurisdiction of the probate
   court of this state, the powers and duties of such court and the
   judges and other officers thereof, certain aspects of the stat-
   utes of descent and distribution of property, and the statutes
   governing the change of name of adults and children, the adoption
   of adults and children, and the jurisdiction of the juvenile
   division of the probate court; to prescribe the powers and duties
   of the juvenile division of the probate court, and the judges and
   other officers thereof; to prescribe the manner and time within
   which actions and proceedings may be brought in the juvenile
   division of the probate court; to prescribe pleading, evidence,
   practice, and procedure in actions and proceedings in the juve-
   nile division of the probate court; to provide for appeals from
   the juvenile division of the probate court; to prescribe the
   powers and duties of certain state departments, agencies, and
   officers; and to provide remedies and penalties for the violation
   of this act,"

   by amending section 1 of chapter XIIA (MCL 712A.1), as amended by

   1996 PA 409.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:





   04694'97                                                 GWH
                                              2

 1                               CHAPTER XIIA

 2         Sec. 1.  (1) As used in this chapter, "court" means the

 3    family division of circuit court.

 4         (2) Except as otherwise provided, proceedings under this

 5    chapter are not criminal proceedings.

 6         (3) This chapter shall be liberally construed so that each

 7    juvenile coming within the jurisdiction of the court receives the

 8    care, guidance, and control, preferably in his or her own home,

 9    conducive to the juvenile's welfare and the best interest of the

10    state.  If a juvenile is removed from the control of his or her

11    parents, the juvenile shall be placed in care as nearly as possi-

12    ble equivalent to the care that should have been given to the

13    juvenile by his or her parents.

14         (4) IF A PARENT PERSONALLY APPEARS AND PARTICIPATES IN A

15    HEARING HELD UNDER THIS CHAPTER AND DOES NOT OBJECT TO A LACK OF

16    OR DEFECT IN A SUMMONS OR NOTICE TO HIM OR HER, THE PARENT WAIVES

17    OBJECTION TO A HEARING, DETERMINATION, ORDER, OR OTHER ACTION

18    UNDER THIS ACT BASED ON THE PETITION OR A SUPPLEMENTAL PETITION

19    IN THE SAME CASE.  THE COURT SHALL DISMISS AN APPEAL OR OTHER

20    CHALLENGE BY THAT PARENT THAT IS BASED ON A LACK OF OR DEFECT IN

21    A SUMMONS OR NOTICE TO THE PARENT.  THIS SUBSECTION DOES NOT DIS-

22    CHARGE THE DUTY OF THE COURT OR ANOTHER PERSON WHO IS REQUIRED BY

23    THIS ACT TO SERVE A SUMMONS ON OR GIVE NOTICE TO A PARENT AS THIS

24    ACT PRESCRIBES.  THIS SUBSECTION DOES NOT PRECLUDE A PARENT FROM

25    EXECUTING A WRITTEN WAIVER OF PROCESS OR NOTICE UNDER SECTION 12.







   04694'97          Final page.                            GWH