Glossary
A
•For purposes of the Revocation of Paternity Act, acknowledged father is “a man who has affirmatively held himself out to be the child’s father by executing an acknowledgment of parentage under the [A]cknowledgment of [P]arentage [A]ct, . . . MCL 722.1001 to [MCL 722.1013].” MCL 722.1433(a).
•For purposes of the Acknowledgment of Parentage Act, acknowledgment is “an acknowledgment of parentage executed as provided in this act.” MCL 722.1002(a).
•For purposes of the Michigan Indian Family Preservation Act (MIFPA), active efforts are “actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and to reunify the Indian child with the Indian family. Active efforts require more than a referral to a service without actively engaging the Indian child and family. Active efforts include reasonable efforts as required by title IV-E of the social security act, 42 USC 670 to [42 USC] 679c, and also include, but are not limited to, doing or addressing all of the following:
(i) Engaging the Indian child, child’s parents, tribe, extended family members, and individual Indian caregivers through the utilization of culturally appropriate services and in collaboration with the parent or child’s Indian tribes and Indian social services agencies.
(ii) Identifying appropriate services and helping the parents to overcome barriers to compliance with those services.
(iii) Conducting or causing to be conducted a diligent search for extended family members for placement.[1]
(iv) Requesting representatives designated by the Indian child’s tribe with substantial knowledge of the prevailing social and cultural standards and child rearing practice within the tribal community to evaluate the circumstances of the Indian child’s family and to assist in developing a case plan that uses the resources of the Indian tribe and Indian community, including traditional and customary support, actions, and services, to address those circumstances.
(v) Completing a comprehensive assessment of the situation of the Indian child’s family, including a determination of the likelihood of protecting the Indian child’s health, safety, and welfare effectively in the Indian child’s home.
(vi) Identifying, notifying, and inviting representatives of the Indian child’s tribe to participate in all aspects of the Indian child custody proceeding at the earliest possible point in the proceeding and actively soliciting the tribe’s advice throughout the proceeding.
(vii) Notifying and consulting with extended family members of the Indian child, including extended family members who were identified by the Indian child’s tribe or parents, to identify and to provide family structure and support for the Indian child, to assure cultural connections, and to serve as placement resources for the Indian child.
(viii) Making arrangements to provide natural and family interaction in the most natural setting that can ensure the Indian child’s safety, as appropriate to the goals of the Indian child’s permanency plan, including, when requested by the tribe, arrangements for transportation and other assistance to enable family members to participate in that interaction.
(ix) Offering and employing all available family preservation strategies and requesting the involvement of the Indian child’s tribe to identify those strategies and to ensure that those strategies are culturally appropriate to the Indian child’s tribe.
(x) Identifying community resources offering housing, financial, and transportation assistance and in-home support services, in-home intensive treatment services, community support services, and specialized services for members of the Indian child’s family with special needs, and providing information about those resources to the Indian child’s family, and actively assisting the Indian child’s family or offering active assistance in accessing those resources.
(xi) Monitoring client progress and client participation in services.
(xii) Providing a consideration of alternative ways of addressing the needs of the Indian child’s family, if services do not exist or if existing services are not available to the family.” MCL 712B.3(a). See also MCR 3.002(1), which contains a substantially similar definition of active efforts.
•For purposes of the Indian Child Welfare Act (ICWA), active efforts are “affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family. Where an agency is involved in the child-custody proceeding, active efforts must involve assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts should be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe and should be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians, and Tribe. Active efforts are to be tailored to the facts and circumstances of the case and may include, for example:
(1) Conducting a comprehensive assessment of the circumstances of the Indian child’s family, with a focus on safe reunification as the most desirable goal;
(2) Identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining such services;
(3) Identifying, notifying, and inviting representatives of the Indian child’s Tribe to participate in providing support and services to the Indian child’s family and in family team meetings, permanency planning, and resolution of placement issues;
(4) Conducting or causing to be conducted a diligent search for the Indian child’s extended family members, and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child’s parents;
(5) Offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child’s Tribe;
(6) Taking steps to keep siblings together whenever possible;
(7) Supporting regular visits with parents or Indian custodians in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child;
(8) Identifying community resources including housing, financial, transportation, mental health, substance abuse, and peer support services and actively assisting the Indian child’s parents or, when appropriate, the child’s family, in utilizing and accessing those resources;
(9) Monitoring progress and participation in services;
(10) Considering alternative ways to address the needs of the Indian child’s parents and, where appropriate, the family, if the optimum services do not exist or are not available;
(11) Providing post-reunification services and monitoring.” 25 CFR 23.2.
•For purposes of MCL 24.303(2), adoptee is “a child who is to be or who is adopted.” MCL 24.303(2).
•For purposes of MCL 400.115f–MCL 400.115t, adoptee is “the child who is to be adopted or who is adopted.” MCL 400.115f(a).
•For purposes of the Adoption Code, adoptee is “the individual who is to be adopted, regardless of whether the individual is a child or an adult.” MCL 710.22(a).
•For purposes of the Foster Care and Adoption Services Act, MCL 722.951 et seq., adoptee is “a child who is to be adopted or who is adopted.” MCL 722.952(a).
•For purposes of MCL 400.115f–MCL 400.115t, adoption assistance is “a support subsidy or a support subsidy with medical assistance.” MCL 400.115f(b).
•For purposes of MCL 722.124b, MCL 722.124c, and MCL 722.124d, the Adoption Code, and the Foster Care and Adoption Services Act, adoption attorney is “an attorney acting as counsel in an adoption proceeding or case.” MCL 710.22(b). See also MCL 722.124b(a); MCL 722.952(b).
•For purposes of MCL 400.115f–MCL 400.115t, adoption assistance agreement is “an agreement between the department and an adoptive parent regarding adoption assistance.” MCL 400.115f(c).
•For purposes of MCL 400.115f–MCL 400.115t, adoption code is “the Michigan adoption code, . . . MCL 710.21 to [MCL] 710.70.” MCL 400.115f(d).
•For purposes of the Foster Care and Adoption Services Act, MCL 722.951 et seq., adoption code is “the Michigan adoption code, . . . MCL 710.21 to [MCL] 710.70.” MCL 722.952(c).
•For purposes of MCL 722.124b, MCL 722.124c, and MCL 722.124d, adoption facilitator is “a child placing agency or an adoption attorney who assists biological parents or guardians or prospective adoptive parents with adoptions according to the Michigan adoption code.” MCL 722.124b(b).
•For purposes of the Foster Care and Adoption Services Act, adoption facilitator is “a child placing agency or an adoption attorney.” MCL 722.952(d).
•For purposes of MCL 400.115f–MCL 400.115t, adoptive parent is “the parent or parents who adopt a child under the adoption code.” MCL 400.115f(e).
•For purposes of the Foster Care and Adoption Services Act, adoptive parent is “the parent or parents who adopt a child in accordance with the adoption code.” MCL 722.952(e).
•For purposes of MCL 710.68, adult adoptee means “an individual who was adopted as a child who is now 18 years of age or older or an individual who was 18 years of age or older at the time of adoption.” MCL 710.68(21)(a).
•For purposes of the Adoption Code, adult former sibling is “an individual who is 18 years of age or older and is related to an adult adoptee either biologically or through adoption by at least 1 common parent, regardless of whether the adult former sibling ever lived in the same household as the adult adoptee.” MCL 710.22(c).
Advertise for, solicit, or recruit
•For purposes of MCL 710.55, advertise for, solicit, or recruit is “to communicate in person, in writing, or via any medium, public or private for the purpose of locating a previously unknown person or entity with whom to temporarily or permanently place a child. Advertise for, solicit, or recruit does not include disseminating information about the availability of an attorney’s legal services, including an advertisement or website as allowed under the Michigan rules of professional conduct.” MCL 710.55(3).
•For purposes of the Revocation of Paternity Act, affiliated father is “a man who has been determined in a court to be the child’s father.”2 MCL 722.1433(b).
•For purposes of 23 CFR 23.101–23 CFR 23.144, agency is “a nonprofit, for-profit, or governmental organization and its employees, agents, or officials that performs, or provides services to biological parents, foster parents, or adoptive parents to assist in the administrative and social work necessary for foster, preadoptive, or adoptive placements.” 25 CFR 23.102.
•For purposes of the Adoption Code, agency placement is “a placement in which a child placing agency, the department, or a court selects the adoptive parent for the child and transfers physical custody of the child to the prospective adoptive parent.” MCL 710.22(d).
•For purposes of the Revocation of Paternity Act, alleged father is “a man who by his actions could have fathered the child.” MCL 722.1433(c).
•For purposes of the Adoption Code, applicant is “an individual or individuals who desire to adopt a child and who have submitted an adoption application to a child placing agency.” MCL 710.22(e).
Appropriate authority of the receiving state
•For purposes of Interstate Compact on Placement of Children (ICPC), appropriate authority in the receiving state with reference to this state is the DHHS director.3 MCL 3.713(b).
•For purposes of MCR 3.205, appropriate official is “the friend of the court, juvenile officer, or prosecuting attorney, depending on the nature of the prior or subsequent court action and the court involved.” MCR 3.205(B)(1).
•“The word[] ‘arbitrary’ . . . ha[s a] generally accepted meaning[]. The United States Supreme Court has defined the term[] as . . . ‘[W]ithout adequate determining principle . . . [f]ixed or arrived at through an exercise of will or by caprice, without consideration or adjustment with reference to principles, circumstances, or significance, . . . decisive but unreasoned[.]’” Bundo v Walled Lake, 395 Mich 679, 703 n 17 (1976), quoting United States v Carmack, 329 US 230, 243 (1946) (fifth alteration in original).
•For purposes of MCL 710.45 of the Adoption Code, MCL 710.21– MCL 710.70, a decision is arbitrary “if, although decisive, it is reached by ‘whim or caprice’ rather than being reasoned and driven by reference to ‘principles, circumstances, or significance.’” In re CADP, 341 Mich App 370, 380 (2022).
B
•For purposes of the Adoption Code, best interests of the adoptee or best interests of the child is “the sum total of the following factors to be considered, evaluated, and determined by the court to be applied to give the adoptee permanence at the earliest possible date:
(i) The love, affection, and other emotional ties existing between the adopting individual or individuals and the adoptee or, in the case of a hearing under [MCL 710.39],4 the putative father and the adoptee.
(ii) The capacity and disposition of the adopting individual or individuals or, in the case of a hearing under [MCL 710.39], the putative father to give the adoptee love, affection, and guidance, and to educate and create a milieu that fosters the religion, racial identity, and culture of the adoptee.
(iii) The capacity and disposition of the adopting individual or individuals or, in the case of a hearing under [MCL 710.39], the putative father, to provide the adoptee with food, clothing, education, permanence, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(iv) The length of time the adoptee has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(v) The permanence as a family unit of the proposed adoptive home, or, in the case of a hearing under [MCL 710.39], the home of the putative father.
(vi) The moral fitness of the adopting individual or individuals, or in the case of a hearing under [MCL 710.39], of the putative father.
(vii) The mental and physical health of the adopting individual or individuals or, in the case of a hearing under [MCL 710.39], of the putative father, and of the adoptee.
(viii) The home, school, and community record of the adoptee.
(ix) The reasonable preference of the adoptee, if the adoptee is 14 years of age or less and if the court considers the adoptee to be of sufficient age to express a preference.[5]
(x) The ability and willingness of the adopting individual or individuals to adopt the adoptee’s siblings.
(xi) Any other factor considered by the court to be relevant to a particular adoption proceeding, or to a putative father’s request for child custody.” MCL 710.22(g)(i)-(xi).
•For purposes of the Adoption Code, born out of wedlock is “a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage.” MCL 710.22(h).
C
•“The word[] . . . ‘capricious’ ha[s a] generally accepted meaning[]. The United States Supreme Court has defined the term[] as . . . ‘[A]pt to change suddenly; freakish; whimsical; humorsome[.]’” Bundo v Walled Lake, 395 Mich 679, 703 n 17 (1976), quoting United States v Carmack, 329 US 230, 243 (1946) (fifth alteration in original).
•For purposes of MCL 710.45 of the Adoption Code, MCL 710.21–MCL 710.70, capricious means “whimsical, freakish, or humorsome, or apt to being suddenly changed.” In re CADP, 341 Mich App 370, 380 (2022).
•For purposes of MCR 1.111, case or court proceeding is “any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
•For purposes of the Adoption Code, central adoption registry is “the registry established by the department under [MCL 710.27b] to control the release of identifying adoption information.”6 MCL 710.22(i).
•For purposes of MCL 400.115f–MCL 400.115t, certification is “a determination of eligibility by the department that an adoptee is eligible for a support subsidy or a medical subsidy, or both, or redetermined adoption assistance.” MCL 400.115f(f).
•For purposes of the Interstate Compact on the Placement of Children (ICPC), child is “a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.” MCL 3.711, Article II (a).
•For purposes of the Uniform Interstate Family Support Act, child is “an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.” MCL 552.2102(a).
•For purposes of the Adoption Code, child is “an individual less than 18 years of age.” MCL 710.22(j).
•For purposes of the Child Custody Act of 1970, child is “minor child and children. Subject to . . . MCL 552.605b, for purposes of providing support, child includes a child and children who have reached 18 years of age.” MCL 722.22(d).
•For purposes of the Paternity Act, child is “a child born out of wedlock.” MCL 722.711(b).
•For purposes of the Guardianship Assistance Act, child is “an individual less than 18 years of age.” MCL 722.872(b).
•For purposes of the Acknowledgment of Parentage Act, child is “a child conceived and born to a woman who was not married at the time of conception or the date of birth of the child, or a child that the circuit court determines was born or conceived during a marriage but is not the issue of that marriage.” MCL 722.1002(b).
•For purposes of MCL 710.67(4), child advocate means the child advocate appointed pursuant to MCL 722.923 of the Office of the Child Advocate Act, MCL 722.921 et seq. MCL 710.67(4).
•For purposes of MCL 710.68, child advocate means the child advocate appointed under MCL 722.923 of the Office of the Child Advocate Act, MCL 722.921 et seq., or the child advocate’s designee.” MCL 710.68(21)(b).
•For purposes of the Paternity Act, child born out of wedlock is “a child begotten and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage.”7, 8 MCL 722.711(a).
•For purposes of the Child Care Organizations Act, child caring institution is “a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child caring institution for that purpose, and operates throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the facility. Child caring institution includes a maternity home for the care of unmarried mothers who are minors and an agency group home, that is described as a small child caring institution, owned, leased, or rented by a licensed agency providing care for more than 4 but less than 13 minor children. Child caring institution also includes an institution for developmentally disabled or emotionally disturbed minor children. Child caring institution does not include a hospital, nursing home, or home for the aged licensed under . . . the public health code, . . . MCL 333.20101 to [MCL] 333.22260, a boarding school licensed under . . . the revised school code, . . . MCL 380.1335, a hospital or facility operated by the state or licensed under the mental health code, . . . MCL 330.1001 to [MCL] 330.2106, or an adult foster care family home or an adult foster care small group home licensed under the adult foster care facility licensing act, . . . MCL 400.701 to [MCL] 400.737, in which a child has been placed under [MCL 722.115(6)].” MCL 722.111(1)(c).
•For purposes of an Indian child, child custody proceeding “includes, but is not limited to, 1 or more of the following:
(i) Foster care placement. Any action removing an Indian child from his or her parent or Indian custodian, and where the parent or Indian custodian cannot have the Indian child returned upon demand[9] but parental rights have not been terminated, for temporary placement[10] in, and not limited to, 1 or more of the following:
(A) Foster home or institution.
(B) The home of a guardian or limited guardian under . . . the estates and protected individuals code, . . . MCL 700.5201 to [MCL] 700.5219.[11]
(C) A juvenile guardianship under [MCL 712A.19a or MCL 712A.19c].
(ii) Termination of parental rights. Any action resulting in the termination of the parent-child relationship.[12]
(iii) Preadoptive placement. Temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but before or in lieu of adoptive placement.
(iv) Adoptive placement. Permanent placement[13] of an Indian child for adoption, including an action resulting in a final decree of adoption.
(v) An Indian child is charged with a status offense in violation of [MCL 712A.2(a)(2)-(4)] or [MCL 712A.2(d)].
(vi) Child custody proceeding does not include a placement based on an act that, if committed by an adult, would be a crime or based on an award, in a divorce proceeding, of custody to 1 of the parents.” MCL 712B.3(b).
See also 25 USC 1903(1) and MCR 3.002(2), which both contain substantially similar definitions of child custody proceeding; 25 CFR 23.2, which contains a substantially similar definition of child custody proceeding except that it uses the phrase “may culminate in one of the following outcomes,” rather than the phrase “includes” and specifically excludes emergency proceeding from the definition.14
•For purposes of the Adoption Code, child placing agency is “a private organization licensed under 1973 PA 116, MCL 722.111 to [MCL 722.128], to place children for adoption.” MCL 710.22(k).
•For purposes of the Child Care Licensing Act, and the Safe Delivery of Newborns Law, child placing agency is “a governmental organization or an agency organized under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to [MCL] 450.3192, for the purpose of receiving children for placement in private family homes for foster care or for adoption. The function of a child placing agency may include investigating applicants for adoption and investigating and certifying foster family homes and foster family group homes as provided in this act. The function of a child placing agency may also include supervising children who are at least 16 but less than 21 years of age and who are living in unlicensed residences as provided in [MCL 722.115(4)].” MCL 722.111(1)(e). See also MCL 712.1(2)(a).
•For purposes of subchapter 3.900 of the Michigan Court Rules, child protective proceeding is “a proceeding concerning an offense against a child.” MCR 3.903(A)(2).
•For purposes of MCL 400.115f–MCL 400.115t, child with special needs is “an individual under the age of 18 years for whom the state has determined all of the following:
(i) There is a specific judicial finding that the child cannot or should not be returned to the home of the child’s parents.
(ii) A specific factor or condition, or a combination of factors and conditions, exists before the adoption is finalized so that it is reasonable to conclude that the child cannot be placed with an adoptive parent without providing adoption assistance under this act. The factors or conditions to be considered may include ethnic or family background, age, membership in a minority or sibling group, medical condition, physical, mental, or emotional disability, or length of time the child has been waiting for an adoptive home.
(iii) A reasonable but unsuccessful effort was made to place the adoptee with an appropriate adoptive parent without providing adoption assistance under this act or a prospective placement is the only placement in the best interest of the child.” MCL 400.115f(g).
•For purposes of the Adoption Code, consent is “a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent.”MCL 710.22(l).
•For purposes of an Indian child, continued custody is “physical custody or legal custody or both, under any applicable Tribal law or Tribal custom or State law, that a parent or Indian custodian already has or had at any point in the past. The biological mother of a child has had custody of a child.”15 25 CFR 23.2.
•For purposes of the Uniform Interstate Family Support Act, Convention is “the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.” MCL 552.2102(c).
•For purposes of the Code of Federal Regulations provisions that apply to international adoptions, convention adoptee is “a child habitually resident in a Convention country who is eligible to immigrate to the United States on the basis of a Convention adoption.” 8 CFR 204.301.
•For purposes of international adoptions, Convention adoption is “an adoption of a child resident in a foreign country party to the Convention by a United States citizen, or an adoption of a child resident in the United States by an individual residing in another Convention country.” 42 USC 14902(10).
•For purposes of the Code of Federal Regulations provisions that apply to international adoptions, Convention adoption is “the adoption, on or after the Convention effective date, of an alien child habitually resident in a Convention country by a U.S. citizen habitually resident in the United States, when in connection with the adoption the child has moved, or will move, from the Convention country to the United States.” 8 CFR 204.301.
•For purposes of international adoptions, Convention country is “a country party to the Convention[ on Protection of Children and Co-operation in Respect of Intercountry Adoption, opened for signature at The Hague on May 29, 199316].” 42 USC 14902(9); 42 USC 14902(12).
•For purposes of the Code of Federal Regulations provisions that apply to international adoptions, Convention country is “a country that is a party to the Convention[ on Protection of Children and Co-operation in Respect of Intercountry Adoption, opened for signature at The Hague on May 29, 1993] and with which the Convention is in force for the United States [as of April 1, 2008].” 8 CFR 204.301.
•For purposes of MCL 400.115f–MCL 400.115t, court is “the family division of circuit court.” MCL 400.115f(i).
•For purposes of the Adoption Code, court is “the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country.” MCL 710.22(m).
•For purposes of the Safe Delivery of Newborns Law, court is “the family division of circuit court.” MCL 712.1(2)(b).
•For purposes of the Paternity Act, court is “the circuit court.” MCL 722.711(d).
•For purposes of the Acknowledgment of Parentage Act, court is “the circuit court.” MCL 722.1002(c).
Culturally appropriate services
•For purposes of an Indian child, culturally appropriates services are “services that enhance an Indian child’s and family’s relationship to, identification, and connection with the Indian child’s tribe. Culturally appropriate services should provide the opportunity to practice the teachings, beliefs, customs, and ceremonies of the Indian child’s tribe so those may be incorporated into the Indian child’s daily life, as well as services that address the issues that have brought the Indian child and family to the attention of the department that are consistent with the tribe’s beliefs about child rearing, child development, and family wellness. Culturally appropriate services may involve tribal representatives, extended family members, tribal elders, spiritual and cultural advisors, tribal social services, individual Indian caregivers, medicine men or women, and natural healers. If the Indian child’s tribe establishes a different definition of culturally appropriate services, the court shall follow the tribe’s definition.” MCL 712B.3(d). See also MCR 3.002(4), which contains a substantially similar definition of culturally appropriate services.
•For purposes of an Indian child, custody is “physical custody or legal custody or both, under any applicable Tribal law or Tribal custom or State law. A party may demonstrate the existence of custody by looking to Tribal law or Tribal custom or State law.” 25 CFR 23.2.
•For purposes of MCL 400.115f–MCL 400.115t, department is “the department of [health and] human services.” MCL 400.115f(j).
•For purposes of the Adoption Code, MCL 710.22(n) defines department as the Department of Health and Human Services (DHHS).
•For purposes of the Safe Delivery of Newborns Law, department is “the department of [health and] human services.” MCL 712.1(2)(c).
•For purposes of an Indian child, department is “the department of health and human services or a successor department or agency.” MCL 712B.3(e). See also MCR 3.002(5), which contains a substantially similar definition of department.
•For purposes of the Child Care Licensing Act, department is “the department of health and human services and the department of licensing and regulatory affairs or a successor agency or department responsible for licensure under this act. The department of licensing and regulatory affairs is responsible for licensing and regulatory matters for child care centers, group child care homes, family child care homes, children’s camps, and children’s campsites. The department of health and human services is responsible for licensing and regulatory matters for child caring institutions, child placing agencies, children’s therapeutic group homes, foster family homes, and foster family group homes.” MCL 722.111(1)(m).
•For purposes of the Guardianship Assistance Act, department is “the department of health and human services.” MCL 722.872(d).
•For purposes of MCL 400.115f–MCL 400.115t, determination of care rate is “a supplemental payment to the standard age appropriate foster care rate that may be justified when extraordinary care or expense is required. The supplemental payment shall be based on 1 or more of the following for which extraordinary care is required of the foster care provider or an extraordinary expense exists:
(i) A physically disabled child for whom the foster care provider must provide measurably greater supervision and care.
(ii) A child with special psychological or psychiatric needs that require extra time and a measurably greater amount of care and attention by the foster care provider.
(iii) A child requiring a special diet that is more expensive than a normal diet and that requires extra time and effort by the foster care provider to obtain and prepare.
(iv) A child whose severe acting out or antisocial behavior requires a measurably greater amount of care and attention of the foster care provider.
(v) Any other condition for which the department determines that extraordinary care is required of the foster care provider or an extraordinary expense exists.” MCL 400.115f(k).
•For purposes of the Adoption Code, direct placement is “a placement in which a parent or guardian selects an adoptive parent for a child, other than a stepparent or an individual related to the child within the fifth degree by marriage, blood, or adoption, and transfers physical custody of the child to the prospective adoptive parent.” MCL 710.22(o).
•For purposes of the Paternity Act and the Safe Delivery of Newborns Law (see MCL 712.12(2)(d)), DNA identification profile is “the results of the DNA identification profiling of genetic testing material.” MCL 722.711(e).
•For purposes of the Paternity Act and the Safe Delivery of Newborns Law (see MCL 712.12(2)(d)), DNA identification profiling is “a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a sample of genetic testing material to identify the pattern of the components’ chemical structure that is unique to the individual.” MCL 722.711(f).
•For purposes of the Safe Delivery of Newborns Law, domestic violence is “that term as defined in . . . MCL 400.1501.” MCL 712.1(2)(e). MCL 400.1501(d) defines that term as “the occurrence of any of the following acts by an individual that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”
•For purposes of an Indian child, domicile is:
(1) “For a parent or Indian custodian, the place at which a person has been physically present and that the person regards as home; a person’s true, fixed, principal, and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere.
(2) For an Indian child, the domicile of the Indian child’s parents or Indian custodian or guardian. In the case of an Indian child whose parents are not married to each other, the domicile of the Indian child’s custodial parent.” 25 CFR 23.2.
•For purposes of the Uniform Interstate Family Support Act, duty of support is “an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.” MCL 552.2102(d).
E
•For purposes of an Indian child, emergency proceeding “means and includes any court action that involves an emergency removal or emergency placement of an Indian child.” 25 CFR 23.2.
•For purposes of the Safe Delivery of Newborns Law, emergency service provider is “a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. Emergency service provider also includes a paramedic or an emergency medical technician when either of those individuals is responding to a 9-1-1 emergency call.” MCL 712.1(2)(f).
•For purposes of an Indian child, exclusive jurisdiction is “an Indian tribe[’s] jurisdiction exclusive as to any state over any child custody proceeding as defined [in MCR 3.002(2)] involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the state by existing federal law. Where an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, regardless of the residence or domicile or subsequent change in his or her residence or domicile.” MCR 3.002(6).
•For purposes of an Indian child, extended family members is “that term as defined by the law or custom of the Indian child’s tribe or, in the absence of that law or custom, means a person who has reached the age of 18 and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent and includes the term ‘relative’ as that term is defined in [MCL 712A.13a(1)(j)].”MCL 712B.1(3)(f). See also 25 USC 1903(2), MCR 3.002(7), and 25 CFR 23.2, which contain substantially similar definitions of extended family members.
•For purposes of subchapter 3.900 of the Michigan Court Rules, father is one of the following:
“(a) A man married to the mother at any time from a minor’s conception to the minor’s birth,[17] unless a court has determined, after notice and a hearing, that the minor was conceived or born during the marriage, but is not the issue of the marriage;
(b) A man who legally adopts the minor;
(c) A man who by order of filiation or by judgment of paternity is judicially determined to be the father of the minor;
(d) A man judicially determined to have parental rights; or
(e) A man whose paternity is established by the completion and filing of an acknowledgment of parentage in accordance with the provisions of the Acknowledgment of Parentage Act, MCL 722.1001 et seq., or a previously applicable procedure. . . .”18 MCR 3.903(A)(7).
•For purposes of the Acknowledgment of Parentage Act, father is “the man who signs an acknowledgment of parentage of a child.” MCL 722.1002(d).
•For purposes of the Safe Delivery of Newborns Law, fire department is “an organized fire department as that term is defined in . . . the fire prevention code, 1941 PA 207, MCL 29.1.” MCL 712.1(2)(g). MCL 29.1(i) defines that term as “a department, authority, or other governmental entity that safeguards life and property from damage from explosion, fire, or disaster and that provides fire suppression and other related services in this state. Organized fire department includes any lawfully organized firefighting force in this state.”
•For purposes of the Uniform Interstate Family Support Act (UIFSA), foreign country is “a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and 1 or more of the following:
(i) That has been declared under the law of the United States to be a foreign reciprocating country.
(ii) That has established a reciprocal arrangement for child support with this state as provided in [MCL 552.2308].
(iii) That has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under [the UIFSA].
(iv) In which the Convention is in force with respect to the United States.” MCL 552.2102(e).
•For purposes of the Adoption Code, formal placement is “a placement that is approved by the court under [MCL 710.51]” after the parents’ parental rights have been terminated. MCL 710.22(p).
•For purposes of MCL 710.68b, former family member is “a parent, grandparent, or adult sibling related to the adult adoptee through birth or adoption by at least 1 common parent, regardless of whether the adult adoptee ever lived in the same household as the former family member.” MCL 710.68b(1)(a).
•For purposes of MCL 400.115f–MCL 400.115t, foster care is “placement of a child outside the child’s parental home under the department’s supervision by a court of competent jurisdiction.” MCL 400.115f(l).
•For purposes of an Indian child, see Chapter 11.16(A)
•For purposes of an Indian child, foster home or institution is “a child caring institution as that term is defined in . . . MCL 722.111.” See also MCR 3.002(8), which contains a substantially similar definition of foster home or institution. MCL 712B.3(g).
G
•For purposes of the Revocation of Paternity Act, genetic father is “a man whose paternity has been determined solely through genetic testing under the [P]aternity [A]ct, . . . MCL 722.711 to [MCL] 722.730, the [S]ummary [S]upport and [P]aternity [A]ct, or the [G]enetic [P]arentage [A]ct.” MCL 722.1433(d).
•For purposes of the Paternity Act, genetic testing material is “a sample of an individual’s blood, saliva, or tissue collected from the individual that is used for genetic paternity testing conducted under this act.” MCL 722.711(h).
•For purposes of the Child Custody Act of 1970, grandparent is “a natural or adoptive parent of a child’s natural or adoptive parent.” MCL 722.22(f).
•For purposes of the Safe Delivery of Newborns Law, gross negligence is “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” MCL 712.1(2)(h).
•For purposes of the Estates and Protected Individuals Code, guardian is “a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in [MCL 700.5205, MCL 700.5206, and MCL 700.5306]. Guardian does not include a guardian ad litem.” MCL 700.1104(n).
•For purposes of an Indian child, guardian is “a person who has qualified as a guardian of a minor under a parental or spousal nomination or a court order issued under [MCL 712A.19a] or [MCL 712A.19c], [MCL 700.5204] or [MCL 700.5205], or [MCL 330.1600] to [MCL 330.1644]. Guardian may also include a person appointed by a tribal court under tribal code or custom. Guardian does not include a guardian ad litem.” MCL 712B.3(h). See also MCR 3.002(9), which contains a substantially similar definition of guardian.
•For purposes of the Guardianship Assistance Act, guardian is “a person appointed by the court to act as a legal guardian for a child under . . . MCL 712A.19a [or MCL] 712A.19c, another state’s law or code, or applicable tribal law or code.” MCL 722.872(f).
•For purposes of an Indian child, guardian ad litem is “an individual whom the court appoints to assist the court in determining the child’s best interests. A guardian ad litem does not need to be an attorney.” MCL 712B.3(i). See also MCR 3.002(10), which contains a substantially similar definition of guardian ad litem.
Guardianship assistance agreement
•For purposes of the Guardianship Assistance Act, guardianship assistance agreement is “a negotiated binding agreement regarding financial support as described in [MCL 722.875] for children who meet the qualifications for guardianship assistance as specified in this act or in the department’s administrative rules.” MCL 722.872(g).
•For purposes of an Indian child, hearing is “a judicial session held for the purpose of deciding issues of fact, of law, or both.” 25 CFR 23.2.
•For purposes of the Safe Delivery of Newborns Law, hospital is “a hospital that is licensed under . . . the public health code, 1978 PA 368, MCL 333.20101 to [MCL] 333.22260.” MCL 712.1(2)(i).
•For purposes of the Estates and Protected Individuals Code, incapacitated individual is “an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.” MCL 700.1105(a).
•For purposes of Support and Parenting Time Enforcement Act, income is “any of the following:
(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer or a successor employer.
(ii) A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, Social Security, unemployment compensation, supplemental unemployment benefits, or worker's compensation.
(iii) An amount of money that is due to an individual as a debt of another individual, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that is indebted to the individual.” MCL 552.602(o).
•For purposes of an Indian child, Indian is “any member of any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in . . . [43 USC 1602(c)]. MCL 712B.3(j). See also MCR 3.002(11), which contains a substantially similar definition of Indian.
See also 25 USC 1903(3) and 25 CFR 23.2, which define Indian as “any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in section 7 of the Alaska Native Claims Settlement Act, 43 USC 1606.”
•An Indian child is “an unmarried person who is under the age of 18 and is either of the following:
(i) A member of an Indian tribe.
(ii) Eligible for membership in an Indian tribe as determined by that Indian tribe.” MCL 712B.3(k).
See also MCL 712A.13b(10). See MCR 3.002(12), which contains a substantially similar definition of Indian child; 25 USC 1903(4), which contains a substantially similar definition except that it also requires that the Indian child “[be] eligible for membership in an Indian tribe and [be] the biological child of a member of an Indian tribe[,]”19 (emphasis added); 25 CFR 23.2, which contains a substantially similar definition of Indian child as 25 USC 1903(4) except that it uses the term citizen and citizenship synonymously with member and membership.
•For purposes of an Indian child, “Indian child’s Tribe is:
(1) The Indian Tribe in which an Indian child is a member or eligible for membership; or
(2) In the case of an Indian child who is a member of or eligible for membership in more than one Tribe, the Indian Tribe described in [25 CFR 23.109].”20 25 CFR 23.2.
See also MCL 712B.3(l), which define Indian child’s Tribe as “the Indian tribe in which an Indian child is a member or eligible for membership, or in the case of an Indian child who is a member of or eligible for membership in more than 1 tribe, the Indian child’s tribe is the tribe with which the Indian child has the most significant contacts[;]” MCR 3.002(13), which is substantially similar to MCL 712B.3(l); 25 USC 1903(5), which contains a substantially similar definition of Indian child’s Tribe, except that, where the Indian child is a member of or eligible for membership in more than one Tribe, “the Indian tribe with which the Indian child has the more significant contacts[.]”
•For purposes of an Indian child, Indian custodian is “any Indian person who has custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the Indian child’s parent.” MCL 712B.3(n). See also 25 USC 1903(6) and MCR 3.002(15), which both contain substantially similar definitions of Indian custodian; 25 CFR 23.2, which contains a substantially similar definition of Indian custodian except that it also permits an Indian to “demonstrate that he or she is an Indian custodian by looking to Tribal law or Tribal custom or State law.”
•For purposes of an Indian child, Indian foster home is “a foster home where one or more of the licensed or approved foster parents is an ‘Indian’ as defined in 25 USC 1903(3).”21 25 CFR 23.2.
•For purposes of an Indian child, Indian organization is “any group, association, partnership, corporation, or other legal entity owned or controlled by Indians or a Tribe, or a majority of whose members are Indians.” 25 CFR 23.102. See also 25 USC 1903(7), MCL 712B.3(p), and MCR 3.002(16), which contain substantially similar definitions of Indian custodian.
•For purposes of an Indian child, Indian tribe is “any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in . . . [43 USC 1602(c)].” MCL 712B.3(o). See MCL 712A.13b(10), See also 25 USC 1903(8), MCR 3.002(17), and 25 CFR 23.2, which contain substantially similar definitions of Indian tribe.
•For purposes of an Indian child, involuntary proceeding is “a child-custody proceeding in which the parent does not consent of his or her free will to the foster-care, preadoptive, or adoptive placement or termination of parental rights or in which the parent consents to the foster-care, preadoptive, or adoptive, placement under threat of removal of the child by a State court or agency.” 25 CFR 23.2.
J
•For purposes of special immigrant juveniles (SIJ), juvenile court is “a court located in the United States having jurisdiction under State law to make judicial determinations about the custody and care of juveniles.”22 8 CFR 204.11(a).
L
•For purposes of MCL 712A.13a, MCL 712A.17c, and MCL 712A.17d, lawyer-guardian ad litem is “an attorney appointed under [MCL 712A.17c]. A lawyer-guardian ad litem represents the child, and has the powers and duties, as set forth in [MCL 712A.17d].” MCL 712A.13a(1)(g).
•For purposes of the Safe Delivery of Newborns Law, lawyer-guardian ad litem is “an attorney appointed under [MCL 712.2]. A lawyer-guardian ad litem represents the newborn, and has the powers and duties, as set forth in [MCL 712A.17d].” MCL 712.1(2)(j).
•For purposes of an Indian child, lawyer-guardian ad litem is “an attorney appointed under [MCL 712B.21]. A lawyer-guardian ad litem represents the child, and has the powers and duties, as set forth in [MCL 712A.17d]. The provisions of [MCL 712A.17d] also apply to a lawyer-guardian ad litem appointed for the purposes of [the MIFPA] under each of the following:
(i) [MCL 700.5213] or [MCL 700.5219].
(ii) [MCL 722.24].
(iii) [MCL 722.630].” MCL 712B.3(q). See also MCR 3.002(18), which contains a substantially similar definition of lawyer-guardian ad litem.
Legally incapacitated individual
•For purposes of the Estates and Protected Individuals Code, legally incapacitated individual is “an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual.” MCL 700.1105(i).
•For purposes of MCR 3.802(A)(4), mailing is governed by MCR 2.107(C)(3). Under that court rule, mailing is “enclosing [the papers] in a sealed envelope with first class postage fully prepaid, addressed to the person to be served, and depositing the envelope and its contents in the United States mail. Service by mail is complete at the time of mailing.” MCR 2.107(C)(3).23
•For purposes of MCL 400.115f–MCL 400.115t, medical assistance is “the federally aided medical assistance program under title XIX.” MCL 400.115f(m).
•For purposes of MCL 400.115f–MCL 400.115t, medical subsidy is “a reimbursement program that assists in paying for services for an adopted child who has an identified physical, mental, or emotional condition that existed, or the cause of which existed, before the adoption is finalized.” MCL 400.115f(n).
•For purposes of MCL 400.115f–MCL 400.115t, medical subsidy agreement is “an agreement between the department and an adoptive parent regarding a medical subsidy.” MCL 400.115f(o).
•For purposes of MCL 722.124b, MCL 722.124c, and MCL 722.124d, Michigan adoption code is “chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to [MCL] 710.70.” MCL 722.124b(c).
•For purposes of the Estates and Protected Individuals Code, minor is “an individual who is less than 18 years of age.” MCL 700.1106(c).
•For purposes of the Paternity Act, mother is “the mother of a child born out of wedlock.” MCL 722.711(c).
N
Natural father under the equitable-parent doctrine
•As it was initially adopted, the equitable-parent doctrine provided standing to nonbiological fathers seeking custody of or parenting time with a child born during their marriage to the child’s mother by recognizing the nonbiological fathers as natural fathers under certain circumstances. Pueblo v Haas, ___ Mich ___, ___ (2023) (extending the equitable-parent doctrine to same-sex couples who would have married absent the unconstitutional prohibition against same-sex marriage before Obergefell v Hodges, 576 US 644 (2015)). “‘[B]iological relationships are not [the] exclusive determination of the existence of a family[.] . . . No one would seriously dispute that a deeply loving and interdependent relationship between an adult and a child in [their] care may exist even in the absence of blood relationship.’” Id. at ___, quoting Smith v Org of Foster Families for Equality & Reform, 431 US 816, 843-844 (1977).
The equitable-parent doctrine is summarized in Atkinson v Atkinson, 160 Mich App 601 (1987), in which the doctrine first appeared. In that case, the Court of Appeals announced that “a husband who is not the biological father of a child born or conceived during the marriage may be considered the natural father of that child where (1) the husband and the child mutually acknowledge a relationship as father and child, or the mother of the child has cooperated in the development of such a relationship over a period of time prior to the filing of the complaint for divorce, (2) the husband desires to have the rights afforded to a parent, and (3) the husband is willing to take on the responsibility of paying child support. We hold that the husband may be considered the equitable parent under these circumstances . . . .”24 Id. at 608-609. See also York v Morofsky, 225 Mich App 333, 336 (1997).25
•For purposes of the Safe Delivery of Newborns Law, newborn is “a child who a physician reasonably believes to be not more than 72 hours old.” MCL 712.1(2)(k).
Nonrecurring adoption expenses
•For purposes of MCL 400.115f-MCL 400.115t, nonrecurring adoption expenses is “reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of a child with special needs.” MCL 400.115f(p).
O
•For purposes of the Uniform Interstate Family Support Act (UIFSA), obligee is “1 or more of the following:
(i) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued.
(ii) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support.
(iii) An individual seeking a judgment determining parentage of the individual’s child.
(iv) A person that is a creditor in a proceeding under article 7 [of the UIFSA, MCL 552.2701 et seq].” MCL 552.2102(p).
•For purposes of the Uniform Interstate Family Support Act (UIFSA), obligor is “an individual about whom 1 of the following is true, or the estate of a decedent about whom 1 of the following was true before the individual’s death:
(i) Owes or is alleged to owe a duty of support.
(ii) Is alleged but has not been adjudicated to be a parent of a child.
(iii) Is liable under a support order.
(iv) Is a debtor in a proceeding under article 7 [of the UIFSA, MCL 552.2701 et seq].” MCL 552.2102(q).
Official tribal representative
•For purposes of an Indian child, official tribal representative is “an individual who is designated by the Indian child’s tribe to represent the tribe in a court overseeing a child custody proceeding. An official tribal representative does not need to be an attorney.” MCL 712B.3(r). See also MCR 3.002(19), which contains a substantially similar definition of official tribal representative.
•For purposes of the Revocation of Paternity Act, order of filiation is “a judicial order establishing an affiliated father.”26 MCL 722.1433(f).
•For purposes of international adoptions, orphan is “a child, under the age of sixteen at the time a petition is filed in his [or her] behalf to accord a classification as an immediate relative under [8 USC 1151(b)], who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child’s proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter[.]” 8 USC 1101(b)(1)(F)(i).
Other expenses that are directly related to the legal adoption of a child with special needs
•For purposes of MCL 400.115f–MCL 400.115t, other expenses that are directly related to the legal adoption of a child with special needs is “adoption costs incurred by or on behalf of the adoptive parent and for which the adoptive parent carries the ultimate liability for payment, including the adoption study, health and psychological examinations, supervision of the placement before adoption, and transportation and reasonable costs of lodging and food for the child or adoptive parent if necessary to complete the adoption or placement process.” MCL 400.115f(q).
P
•For purposes of subchapter 3.900 of the Michigan Court Rules, parent is “the mother, the father as defined in MCR 3.903(A)(7), or both, of the minor. It also includes the term ‘parent’ as defined in MCR 3.002(20).” MCR 3.903(A)(18).
•For purposes of an Indian child, parent is “any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. Parent does not include the putative father if paternity has not been acknowledged or established.”27 MCL 712B.3(s) (emphasis added). See also 25 USC 1903(9), MCR 3.002(20), and 25 CFR 23.2, which contain substantially similar definitions of parent, except that, where the Indian child has been adopted, they all require the adopter to be an Indian.
•For purposes of the Child Custody Act of 1970, parent is “the natural or adoptive parent of a child.” MCL 722.22(i). As used in this definition, natural parent includes the woman who gave birth to a child; the term natural parent is not limited to whether a person has a genetic connection to a child. Lefever v Matthews, 336 Mich App 651, 666 (2021).
•For purposes of MCR 1.111, party is “a person named as a party or a person with legal decision-making authority in the case or court proceeding.” MCR 1.111(A)(2).
•For purposes of the Adoption Code, person is “an individual, partnership, corporation, association, governmental entity, or other legal entity.” MCL 710.22(q).
•For purposes of the Adoption Code, petitioner, “except as used in [MCL 710.68b], means the individual or individuals who file an adoption petition with the court.” MCL 710.22(r).
•For purposes of MCL 710.68b, petitioner is “an individual on whose behalf a confidential intermediary is appointed pursuant to [MCL 710.68b(2)].” MCL 710.68b(1)(b).
•For purposes of the Interstate Compact on the Placement of Children (ICPC), placement is “the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility.” MCL 3.711, Article II (d).
•For purposes of MCL 400.115f–MCL 400.115t, placement is “a placement or commitment, including the necessity of removing the child from his or her parental home, as approved by the court under an order of disposition issued under . . . MCL 712A.2.” MCL 400.115f(s).
•For purposes of the Adoption Code, placement or to place is “selection of an adoptive parent for a child and transfer of physical custody of the child to a prospective adoptive parent in compliance with [the Adoption Code].” MCL 710.22(s).
•For purposes of the Safe Delivery of Newborns Law, police station is “that term as defined in . . . the Michigan vehicle code, 1949 PA 300, MCL 257.43.” MCL 712.1(2)(l). MCL 257.43 defines that term as “every county jail; every police station in any city, village, or township; and the headquarters and every regular subpost of the Michigan state police.”
•For purposes of the Safe Delivery of Newborns Law, preplacement assessment is “an assessment of a prospective adoptive parent as described in [MCL 710.23f].” MCL 712.1(2)(m).
•For purposes of the Revocation of Paternity Act, presumed father is “a man who is presumed to be the child’s father by virtue of his marriage to the child’s mother at the time of the child’s conception or birth.”28MCL 722.1433(e).
•For purposes of MCL 710.58a, MCL 722.124b, MCL 722.124c, and MCL 722.124d, primary adoption facilitator is “the adoption facilitator in an adoption who files the court documents on behalf of the prospective adoptive parent.” MCL 722.124b(d). See also MCL 710.58a(3).
•For purposes of MCL 710.58a, MCL 722.124b, MCL 722.124c, and MCL 722.124d, “a form described in [MCL 722.124d] that is completed by a primary adoption facilitator and maintained in a central clearinghouse by the department for distribution according to [MCL 722.124d] to individuals seeking information about adoption.” MCL 722.124b(e). See also MCL 710.58a(3).
•For purposes of subchapter 3.900 of the Michigan Court Rules, unless the context indicates otherwise, putative father is “a man who is alleged to be the biological father of a child who has no father as defined in MCR 3.903(A)(7).”29 MCR 3.903(A)(24).
R
•For purposes of the Interstate Compact on the Placement of Children (ICPC), receiving state is “the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.” MCL 3.711, Article II (c).
Redetermined adoption assistance
•For purposes of MCL 400.115f–MCL 400.115t, redetermined adoption assistance is “a payment as determined by a certification that may be justified when extraordinary care or expense is required for a condition that existed or the cause of which existed before the adoption from foster care was finalized.” MCL 400.115f(l).
Redetermined adoption assistance agreement
•For purposes of MCL 400.115f–MCL 400.115t, redetermined adoption assistance agreement is “a written agreement regarding redetermined adoption assistance between the department and the adoptive parent of a child.” MCL 400.115f(u).
•For purposes of the Adoption Code, relative means that term as it is defined in MCL 712A.13a(j). MCL 710.22(t).
•For purposes of MCL 712A.13a, relative is
“an individual who is at least 18 years of age and is either of the following:
(i) Related to the child within the fifth degree by blood, marriage, or adoption, including the spouse of an individual related to the child within the fifth degree, even after the marriage has ended by death or divorce, the parent who shares custody of a half-sibling, and the parent of a man whom the court has found probable cause to believe is the putative father if there is no man with legally established rights to the child.
(ii) Not related to a child within the fifth degree by blood, marriage, or adoption but who has a strong positive emotional tie or role in the child’s life or the child’s parent’s life if the child is an infant, as determined by the [DHHS] or, if the child is an Indian child, as determined solely by the Indian child’s tribe. As used in this section, ‘Indian child’ and ‘Indian child’s tribe’ mean those terms as defined in [MCL 712B.3].” MCL 712A.13a(1)(j).
•For purposes of the Adoption Code, release is “a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency.” MCL 710.22(u).
•For purposes of the Adoption Code, rescission petition is “a petition filed by an adult adoptee and his or her parent whose rights have been terminated to rescind the adoption in which a stepparent acquired parental rights and to restore parental rights of that parent according to [MCL 710.66].” MCL 710.22(v).
•For purposes of an Indian child, reservation is “Indian country as defined in 18 USC 1151 and any lands, not covered under that section, title to which is held by the United States in trust for the benefit of any Indian Tribe or individual or held by any Indian Tribe or individual subject to a restriction by the United States against alienation.” 25 CFR 23.2. See also 25 USC 1903(10), MCL 712B.3(t), and MCR 3.002(21), which contain substantially similar definitions of reservation.
•For purposes of an Indian child, secretary is “the Secretary of the Interior or the Secretary’s authorized representative acting under delegated authority.” 25 CFR 23.2. See also 25 USC 1903(11), MCL 712B.3(u), and MCR 3.002(22), which define secretary as “the Secretary of the Interior.”
•For purposes of the Interstate Compact on the Placement of Children (ICPC), sending agency is “a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state.” MCL 3.711, Article II (b).
•For purposes of the Revocation of Paternity Act, MCL 722.1445, sexual penetration is “that term as defined in . . . MCL 750.520a.” MCL 722.1445(4). MCL 750.520a(r) defines sexual penetration as “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.”
•For purposes of MCL 712A.13a, sibling is “a child who is related through birth or adoption by at least 1 common parent. Sibling includes that term as defined by an American Indian or Alaskan native child’s tribal code or custom.” MCL 712A.13a(1)(l).
•For purposes of special immigrant juveniles (SIJ), special immigrant includes30 “an immigrant who is present in the United States—
(i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;
(ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; and
(iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that–
(I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and
(II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter[.]” 8 USC 1101(a)(27)(J).
•For purposes of MCL 400.115f–MCL 400.115t, state is “a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.” MCL 400.115f(x).
•For purposes of the Uniform Interstate Family Support Act, state is “a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. State includes an Indian nation or tribe.” MCL 552.2102(z).
•For purposes of an Indian child, State court is “any agent or agency of a state, including the District of Columbia or any territory or possession of the United States, or any political subdivision empowered by law to terminate parental rights or to make foster care placements, preadoptive placements, or adoptive placements.” 25 CFR 23.2.
•For purposes of the Paternity Act, state disbursement unit or SDU is “the entity established in . . . the office of child support act, . . . MCL 400.236.” MCL 722.711(g).
•For purposes of the Vital Records part of the Public Health Code, see MCL 333.2801(1), state registrar is “the official appointed under [MCL 333.2813] or his or her authorized representative.” MCL 333.2805(1).
•For purposes of the Acknowledgment of Parentage Act, state registrar is “that term as defined in . . . the public health code, [MCL 333.2805.]” MCL 722.1002(e).
•For purposes of an Indian child, status offenses are “offenses that would not be considered criminal if committed by an adult; they are acts prohibited only because of a person’s status as a minor (e.g., truancy, incorrigibility).” 25 CFR 23.2.
Suitable to be a parent of an adoptee
•For purposes of the Adoption Code, suitable to be a parent of an adoptee is “a conclusion that there is no specific concern with respect to an individual that would suggest that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child.” MCL 710.22(w).
•For purposes of the Paternity Act, summary report is “a written summary of the DNA identification profile that includes only the following information:
(i) The court case number, if applicable, the laboratory case number or identification number, and the [DHHS] case number.
(ii) The mother’s name and race.
(iii) The child’s name.
(iv) The alleged father’s name and race.
(v) The collection dates and identification numbers of the genetic testing material.
(vi) The cumulative paternity index.
(vii) The probability of paternity.
(viii) The conclusion as to whether the alleged father can or cannot be excluded as the biological father.
(ix) The name, address, and telephone number of the contracting laboratory.
(x) The name of the individual certifying the report.” MCL 722.711(i).
For purposes of the Uniform Interstate Family Support Act, support order is “a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. Support order may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.” MCL 552.2102(bb).
•For purposes of MCL 400.115g-MCL 400.115t, support subsidy is “payment for support of a child who has been placed for adoption from foster care.” MCL 400.115f(y).
•For purposes of the Public Health Code and the Safe Delivery of Newborns Law, surrender is “to leave a newborn with an emergency service provider without expressing an intent to return for the newborn.” MCL 712.1(2)(n). See also MCL 333.2822(2).
T
•For purposes of the Adoption Code, temporary placement is “a placement that occurs before court approval under [MCL 710.51] and that meets the requirements of [MCL 710.23d].” MCL 710.22(x).
•For purposes of the Revocation of Paternity Act, Title IV-D case is “an action in which services are provided under part D of [T]itle IV of the [S]ocial [S]ecurity [A]ct, 42 USC 651 to [42 USC] 669b.” MCL 722.1433(g).
•For purposes of an Indian child, tribal court is “a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings.” MCL 712B.3(v). See also 25 USC 1903(12), MCR 3.002(23), and 25 CFR 23.2, which contain substantially similar definitions of tribal court.
•For purposes of the Uniform Interstate Family Support Act, tribunal is “a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.” MCL 552.2102(cc).
•For purposes of an Indian child, tribe is “any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in . . . [43 USC 1602(c)].” MCL 712B.3(o).
U
•For purposes of an Indian child, upon demand allows “the parent or Indian custodian [to] regain custody [of the child] simply upon verbal request, without any formalities or contingencies.” 25 CFR 23.2.
V
•For purposes of subchapter 2.400 of the Michigan Court Rules, videoconferencing is “the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
•For purposes of an Indian child, voluntary proceeding is “a child-custody proceeding that is not an involuntary proceeding, such as a proceeding for foster-care, preadoptive, or adoptive placement that either parent, both parents, or the Indian custodian has, of his or her or their free will, without a threat of removal by a State agency, consented to for the Indian child, or a proceeding for voluntary termination of parental rights.” 25 CFR 23.2.
W
•For purposes of an Indian child, ward of tribal court is “a child over whom an Indian tribe exercises authority by official action in tribal court of by the governing body of the tribe.” MCL 712B.3(w). See also MCR 3.002(24), which contains a substantially similar definition of ward of tribal court.
Within the fifth degree by marriage, blood, or adoption
•For purposes of the Adoption Code, within the fifth degree by marriage, blood, or adoption is “any of the following relationships: parent, step-parent, grandparent, step-grandparent, brother, step-brother, sister, step-sister, uncle, step-uncle, aunt, step-aunt, first cousin, step-first cousin, great aunt, step-great aunt, great uncle, step-great uncle, great grandparent, step-great grandparent, first cousin once removed, step-first cousin once removed, great great grandparent, step-great great grandparent, great great uncle, step-great great uncle, great great aunt, step-great great aunt, great great great grandparent, or step-great great great grandparent.” MCL 710.22(y).