THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.138 Children; legal custody; interference. Sec. 138.
A person who in any manner interferes or attempts to interfere with the custody of any child who has been adjudged to be dependent, neglected, or delinquent pursuant to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, after the making of an order of commitment to a state institution or otherwise, in accordance with that act and pending the actual admission and reception of the child as an inmate of the institution, school, or home to which commitment is made; and any person who entices the neglected, dependent, or delinquent child from and out of the custody of the person or persons entitled thereto under the order of the court or who shall in any way interfere or attempt to interfere with the custody; and a person who entices or procures the child committed as aforesaid to leave and depart from any hospital or other place where the child was placed pursuant to the order of the court for the purpose of receiving medical treatment pending admission into the state institution, school, home, or other institution or place to which commitment may have been made, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.138 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 Compiler's Notes: Act 6 of 1907, Ex. Sess., referred to in this section, was repealed by Act 288 of 1939. For present law, see MCL 712A.1 et seq. Former Law: See sections 1 and 2 of Act 286 of 1915, being CL 1915, §§ 2026 and 2027; CL 1929, §§ 12850 and 12851.
Understanding Michigan Law on Interference with Child Custody: Section 750.138 of the Michigan Penal Code Simplified
Section 750.138 of the Michigan Penal Code states the regulations surrounding interference with child custody. Here's a simplified explanation of this law:
The law states that it's illegal for anyone to interfere or attempt to interfere with the custody of a child who has been declared to be dependent, neglected, or delinquent by a court. This is applicable after a court order has been issued committing the child to a state institution or similar, and is still applicable while the child is waiting to be admitted to that institution.
It's also illegal for anyone to entice such a child away from the person or people who have custody under a court order, or to interfere or attempt to interfere with that custody in any way. This includes enticing or encouraging the child to leave a hospital or other place where they were placed by a court order for medical treatment while they're waiting to be admitted to the institution to which they've been committed.
Violating this law is considered a misdemeanor, which is a type of crime that is less serious than a felony but more serious than an infraction. Anyone found guilty of this could be punished by up to a year in prison, or a fine of up to $1,000.
In simpler terms, it's a crime to try to meddle with the custody of a child who has been legally committed to an institution or other care facility. This law aims to protect the rights of children who are in a vulnerable state and the institutions responsible for their care.