Full question:
I have a sister who is in an abusive relationship. The abuser is an alcoholic and has repeatedly physically hurt my sister. I took the child out of the home today and am very reluctant to bring her back to that situation. I am wondering what my legal rights are as her aunt. Am I able to take emergency custody of this child for her protection?
- Category: Guardianship
- Date:
- State: Michigan
Answer:
The following is a Michigan statute:
722.626 Detention of child in temporary protective custody; preliminary hearing; examinations; report; medical evaluation.
Sec. 6.
(1) If a child suspected of being abused or neglected is admitted to a hospital or brought to a hospital for outpatient services and the attending physician determines that the release of the child would endanger the child's health or welfare, the attending physician shall notify the person in charge and the department. The person in charge may detain the child in temporary protective custody until the next regular business day of the probate court, at which time the probate court shall order the child detained in the hospital or in some other suitable place pending a preliminary hearing as required by section 14 of chapter 12A of the probate code of 1939, 1939 PA 288, MCL 712A.14, or order the child released to the child's parent, guardian, or custodian.
(2) When a child suspected of being an abused or neglected child is seen by a physician, the physician shall make the necessary examinations, which may include physical examinations, x-rays, photographs, laboratory studies, and other pertinent studies. The physician's written report to the department shall contain summaries of the evaluation, including medical test results.
(3) If a report is made by a person other than a physician, or if the physician's report is not complete, the department may request a court order for a medical evaluation of the child. The department shall have a medical evaluation made without a court order if either of the following occurs:
(a) The child's health is seriously endangered and a court order cannot be obtained.
(b) The child is displaying symptoms suspected to be the result of exposure to or contact with methamphetamine production.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
