Minors - When may a minor live with a third party?

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Question

For my history and government class I need to find information on a service that the government provides.  The topic I have is this:  living with someone other than your parents.   I have read all about emancipation and know what that means but I haven't been able to find anything about laws regarding a minor living with a friend or a boy/girlfriend or living with a foster family or another family member.  Are there any laws, state or otherwise regarding this?  I would appreciate it if you could tell me about this or point me somewhere where I can find out.

Answer

Information on guardianships in Michigan can be found on our web site at http://courts.co.calhoun.mi.us in the Probate Court section titled Probate Notes.

Below you will find a section from the Michigan Juvenile Code which sets forth alternative placements for juveniles under the court's jurisdiction.

712A.18
Sec. 18. (1) If the court finds that a juvenile concerning whom a petition is filed is not within this chapter, the court shall enter an order dismissing the petition.  Except as otherwise provided in subsection (10) , if the court finds that a juvenile  is within this chapter, the court may enter any of the following orders of disposition that are appropriate for the welfare of the juvenile and society in view of the facts proven and ascertained:

 (a) Warn the juvenile or the juvenile's parents, guardian, or custodian and, except  as provided in subsection (7) , dismiss the petition.

 (b) Place the juvenile on probation, or under supervision in the juvenile's own  home or in the home of an adult who is related to the juvenile. As used in this subdivision, "related" means being a parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, or aunt by marriage, blood, or adoption.  The court shall order the terms and conditions of probation or supervision, including reasonable rules for the conduct of the parents, guardian, or custodian, if any, as the court determines necessary for the physical, mental, or moral well-being and behavior of the juvenile.

 (c) If a juvenile is within the court's jurisdiction under section 2(a) of this chapter, place the juvenile in a suitable foster care home subject to the court's supervision.  If a juvenile is within the court's jurisdiction under section 2(b) of this chapter, the court shall not place a juvenile in a foster care home subject to the court's supervision.

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 (d) Place the juvenile in or commit the juvenile to a private institution or agency approved or licensed by the department of consumer and industry services for the care of juveniles of similar age, sex, and characteristics.

 (e) Commit the juvenile to a public institution, county facility, institution operated as an agency of the court or county, or agency authorized by law to receive juveniles of similar age, sex, and characteristics. In a placement under subdivision (d) or a commitment under this subdivision, except to a state institution, the religious affiliation of the juvenile shall be protected by placement or commitment to a private child-placing or child-caring agency or institution, if available. In every order of commitment under this subdivision to a state institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL
803.301 to  803.309, or in 1935 PA 220, MCL 400.201 to 400.214, the court shall name the superintendent of the institution to which the juvenile is committed as a special guardian to receive benefits due the juvenile from the government of the United States, and the benefits shall be used to the extent necessary to pay for the portions of the cost of care in the institution that the parent or parents are found unable to pay.

 (f) Provide the juvenile with medical, dental, surgical, or other health care, in a local hospital if available, or elsewhere, maintaining as much as possible a local physician-patient relationship, and with clothing and other incidental items as the court considers necessary.

 (g) Order the parents, guardian, custodian, or any other person to refrain from continuing conduct that the court determines has caused or tended to cause the juvenile to come within or to remain under this chapter, or that obstructs placement or commitment of the juvenile pursuant to an order under this section.

 (h) Appoint a guardian under section 424 of the revised probate code, 1978 PA 642, MCL 700.424, pursuant to a petition filed with the court by a person interested in the welfare of the juvenile. If the court appoints a guardian pursuant to this subdivision, it may enter an order dismissing the petition under this chapter.

05/99

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Last Updated 5-25-99

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov