Submission of Petition for Authorization Under MCL 712a.2; Exception.

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Sec. 17.

(1) Except as provided in subsection (2), within 24 hours after the department determines that a child was severely physically injured as defined in section 8, sexually abused, or allowed to be exposed to or have contact with methamphetamine production, 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.

(2) The department is not required to file a petition for authorization by the court as described in subsection (1) if the department determines that the parent or legal guardian is not a suspected perpetrator of the abuse and the department determines that all of the following apply:

(a) The parent or legal guardian did not neglect or fail to protect the child.

(b) The parent or legal guardian does not have a historical record that shows a documented pattern of neglect or failing to protect the child.

(c) The child is safe in the parent's or legal guardian's care.

History: Add. 1997, Act 168, Eff. Mar. 31, 1998 ;-- Am. 2006, Act 256, Imd. Eff. July 6, 2006 ;-- Am. 2006, Act 630, Imd. Eff. Jan. 3, 2007


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