CONTENT

The bill would amend Chapters X, XI, and XIIa of Public Act 288 of 1939 to replace certain references to the probate court with references to the “family division of circuit court” (family court), which would be established by Senate Bill 1052. Chapter X of Public Act 288 is the Michigan Adoption Code, Chapter XI deals with legal name changes, and Chapter XIIa is the juvenile code. Senate Bill 1037 (S-1) would transfer proceedings dealing with adoption, name change, and juvenile delinquency and abuse and neglect from the probate court to the family court. (Senate Bill 1052 proposes to give the family court jurisdiction over those issues.)

The bill would repeal sections of the juvenile code that provide for a probate judge’s appointment of a register of probate, a deputy probate register, or court clerk as register of the juvenile division of the probate court and require that a county board of supervisors provide suitable quarters, equipment and supplies for the use of the juvenile division of probate court (MCL 712A.7 and 712A.27).

The bill also includes provisions that would make it consistent with the recently passed juvenile justice reform legislation.

The bill would take effect on January 1, 1997, and apply to offenses committed on or after that date. The provisions of the bill concerning family court would apply to actions and proceedings commenced on or after January 1, 1998. Amendments to the name change provisions in Chapter XI would take effect 91 days after the Legislature’s 1996 sine die adjournment. The bill is tie- barred to House Bill 5158.

MCL 710.22 et al. Legislative Analyst: P. Affholter

FISCAL IMPACT

Please see FISCAL IMPACT on Senate Bill 1052.

Date Completed: 5-28-96 Fiscal Analyst: M. Bain

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.