Glossary

A

Alternative contempt track

For purposes of the Support and Parenting Time Enforcement Act, alternative contempt track “means the alternative contempt track docket established under [MCL 552.635a].” MCL 552.602(c).

Appearance ticket

For purposes of MCL 764.9c to MCL 764.9g, appearance ticket means “a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance.” MCL 764.9f(1).

Assaultive crime

As used in MCL 764.3, assaultive crime “includes any of the following:

(i) A violation described in [MCL 770.9a].

(ii) A violation of [MCL 750.81 to MCL 750.90g], not otherwise included in subparagraph (i).

(iii) A violation of [MCL 750.110a, MCL 750.136b, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.349b, and MCL 750.411h], or any other violent felony.

(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in subparagraph (i), (ii), or (iii).” MCL 764.3(5)(a).

C

Case service plan

For purposes of MCL 712A.6b, case service plan “means the plan developed by an agency and prepared under [MCL 712A.18f] that includes services to be provided by and responsibilities and obligations of the agency and activities, responsibilities, and obligations of the parent. The case service plan may be referred to using different names than case service plan including, but not limited to, a parent/agency agreement or a parent/agency treatment plan and service agreement.” MCL 712A.13a(1)(d).

Commercial quadricycle

For purposes of the Michigan Vehicle Code, commercial quadricycle means “a vehicle that satisfies all of the following:

(a) The vehicle has fully operative pedals for propulsion entirely by human power.

(b) The vehicle has at least 4 wheels and is operated in a manner similar to a bicycle.

(c) The vehicle has at least 6 seats for passengers.

(d) The vehicle is designed to be occupied by a driver and powered either by passengers providing pedal power to the drive train of the vehicle or by a motor capable of propelling the vehicle in the absence of human power.

(e) The vehicle is used for commercial purposes.

(f) The vehicle is operated by the owner of the vehicle or an employee of the owner of the vehicle.” MCL 257.7b.

Court

For purposes of Chapter XIIA of the Probate Code, court “means the family division of circuit court.” MCL 712A.1(1)(e).

Custody or parenting time order violation

For purposes of the Support and Parenting Time Enforcement Act, custody or parenting time order violation “means an individual’s act or failure to act that interferes with a parent’s right to interact with his or her child in the time, place, and manner established in the order that governs custody or parenting time between the parent and the child and to which the individual accused of interfering is subject.” MCL 552.602(e).

D

Document

For purposes of MCR 1.109, document “means a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 8 1/2 x 11 inch paper without manipulation.” MCR 1.109(B)

Domestic violence

As used in MCL 764.3, domestic violence “means that term as defined in . . . MCL 400.1501.” MCL 764.3(5)(b). MCL 400.1501(d) defines domestic violence as “the occurrence of any of the following acts by an individual that is not an act of self-defense: (i) [c]ausing or attempting to cause physical or mental harm to a family or household member[;] (ii) [p]lacing a family or household member in fear of physical or mental harm[;] (iii) [c]ausing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress[;] [and/or] (iv) [e]ngaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”

Driver’s license

For purposes of the Support and Parenting Time Enforcement Act, driver’s license “means license as that term is defined in [MCL 257.25].” MCL 552.602(h). MCL 257.25 provides that license “means any driving privileges, license, temporary instruction permit, commercial learner’s permit, or temporary license issued under the laws of [Michigan] pertaining to the licensing of persons to operate motor vehicles.”

E

Electric bicycle

For purposes of the Michigan Vehicle Code (MVC), electric bicycle “means a device upon which an individual may ride that satisfies all of the following:

(a) The device is equipped with all of the following:

(i) A seat or saddle for use by the rider.

(ii) Fully operable pedals for human propulsion.

(iii) An electric motor of not greater than 750 watts.

(b) The device falls within 1 of the following categories:

(i) Class 1 electric bicycle. As used in this subparagraph, ‘class 1 electric bicycle’ means an electric bicycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 20 miles per hour.

(ii) Class 2 electric bicycle. As used in this subparagraph, ‘class 2 electric bicycle’ means an electric bicycle that is equipped with a motor that propels the electric bicycle to a speed of no more than 20 miles per hour, whether the rider is pedaling or not, and that disengages or ceases to function when the brakes are applied.

(iii) Class 3 electric bicycle. As used in this subparagraph, ‘class 3 electric bicycle’ means an electric bicycle that is equipped with a motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 28 miles per hour.” MCL 257.13e.

Electric skateboard

For purposes of the Michigan Vehicle Code (MVC), electric skateboard “means a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only 1 person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour. An electric skateboard may have handlebars and, in addition to having an electrical propulsion system with power of no more than 2,500 watts, may be designed to also be powered by human propulsion.” MCL 257.13f.

Electronic signature

For purposes of MCR 1.109, electronic signature “means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The following form is acceptable: /s/ John L. Smith.” MCR 1.109(E)(4)(a).

F

Final judgment or final order

For purposes of Subchapter 7.200 of the Michigan Court Rules, final judgment or final order means:

“(a) In a civil case,

(i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order;

(ii) an order designated as final under MCR 2.604(B);

(iii) in a domestic relations action, a postjudgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile;

(iv) a postjudgment order awarding or denying attorney fees and costs under court rule or other law;

(v) an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on a claim of governmental immunity; or

(vi) in a foreclosure action involving a claim for remaining proceeds under MCL 211.78t, a postjudgment order deciding the claim.

(b) In a criminal case,

(i) an order dismissing the case;

(ii) the original sentence imposed following conviction;

(iii) a sentence imposed following the granting of a motion for resentencing;

(iv) a sentence imposed, or order entered, by the trial court following a remand from an appellate court in a prior appeal of right; or

(v) a sentence imposed following revocation of probation.” MCR 7.202(6).

Friend of the court case

For purposes of the Support and Parenting Time Enforcement Act, friend of the court case “means that term as defined in . . . MCL 552.502. MCL 552.602(m). MCL 552.502 defines friend of the court case as “a domestic relations matter that an office establishes as a friend of the court case as required under [MCL 552.505a].” MCL 552.502(o).

J

Jail

For purposes of the Code of Criminal Procedure, jail, prison, “or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under [MCL 764.27a].” MCL 761.1(h).

Judicial district

For purposes of the Code of Criminal Procedure, judicial district means “(i) [w]ith regard to the circuit court, the county[;] (ii) [w]ith regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under . . . MCL 600.9928[;] (iii) [w]ith regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.” MCL 761.1(i).

Juvenile

For purposes of the Code of Criminal Procedure, juvenile means “a person within the jurisdiction of the circuit court under . . . MCL 600.606.” MCL 761.1(j).

For purposes of the Crime Victim’s Rights Act, Article 2, juvenile means “an individual alleged or found to be within the court’s jurisdiction under . . . [MCL 712A.2(a)(1)], for an offense, including, but not limited to, an individual in a designated case.” MCL 780.781(1)(e).

For purposes of Chapter XIIA of the Probate Code, until September 30, 2021, juvenile “means a person who is less than 17 years of age who is the subject of a delinquency petition,” and beginning on October 1, 2021, juvenile “means a person who is less than 18 years of age who is the subject of a delinquency petition.” MCL 712A.1(1)(i).

Juvenile facility

For purposes of the Code of Criminal Procedure, juvenile facility means “a county facility, an institution operated as an agency of the county or family division of circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to [MCL] 803.309, to which a juvenile has been committed under [MCL 768.27a].” MCL 761.1(k).

L

Least restrictive environment

For purposes of Chapter XIIA of the Probate Code, least restrictive environment “means a supervised community placement, preferably a placement with the juvenile’s parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety.” MCL 712A.1(1)(j).

Local unit of government

For purposes of MCL 769.1f, local unit of government means a city, village, township, county, local or intermediate school district, public school academy, and/or a community college. MCL 769.1f(10)(b).

M

Magistrate

For purposes of the Code of Criminal Procedure, magistrate means “a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act . . . MCL 600.101 to [MCL] 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.” MCL 761.1(l).

For purposes of the Public Health Code, magistrate means “a judge authorized to issue warrants by the laws of this state.” MCL 333.1105(4).

Motor vehicle

For purposes of the Michigan Vehicle Code (MVC), a motor vehicle means “every vehicle that is self-propelled, but for purposes of [MCL 257.401 et seq.,] motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under [the MVC]. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to [MCL] 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.” MCL 257.33.

N

Nonparent adult

For purposes of MCL 712A.6b, nonparent adult “means a person who is 18 years of age or older and who, regardless of the person’s domicile, meets all of the following criteria in relation to a child over whom the court takes jurisdiction under [Chapter XIIA of the Probate Code]:

(i) Has substantial and regular contact with the child.

(ii) Has a close personal relationship with the child’s parent or with a person responsible for the child’s health or welfare.

(iii) Is not the child’s parent or a person otherwise related to the child by blood or affinity to the third degree.” MCL 712A.13a(1)(h).

O

Occupational license

For purposes of the Support and Parenting Time Enforcement Act, occupational license “means a certificate, registration, or license issued by a state department, bureau, or agency that has regulatory authority over an individual that allows an individual to legally engage in a regulated occupation or that allows the individual to use a specific title in the practice of an occupation, profession, or vocation.” MCL 552.602(s).

P

Participant

For purposes of a hearing held by videoconferencing under subchapter 4.100 of the Michigan Court Rules, participant is defined in MCR 2.407(A)(1). See MCR 4.101(F)(4). MCR 2.407(A)(1) states that participants “include, but are not limited to, parties, counsel, and subpoenaed witnesses, but do not include the general public.”

Payer

For purposes of the Support and Parenting Time Enforcement Act, payer “means an individual who is ordered by the circuit court to pay support.” MCL 552.602(w).

Person

For purposes of the Support and Parenting Time Enforcement Act, person “means an individual, partnership, corporation, association, governmental entity, or other legal entity.” MCL 552.602(x).

Power-driven mobility device

For purposes of the Michigan Vehicle Code (MVC), power-driven mobility device “means a mobility device powered by a battery, fuel, or other engine and used by an individual with a mobility disability for the purpose of locomotion. Notwithstanding any other provision of [the MVC], the requirements of [the MVC] apply to a power-driven mobility device while that device is being operated on a street, road, or highway in [Michigan].” MCL 257.43c.

R

Recreational or sporting license

For purposes of the Support and Parenting Time Enforcement Act, recreational or sporting license “means a hunting, fishing, or fur harvester’s license issued under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to [MCL] 324.90106, but does not include a commercial fishing license or permit issued under part 473 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.47301 to [MCL] 324.47362.” MCL 552.602(dd).

S

Source of income

For purposes of the Support and Parenting Time Enforcement Act, source of income “means an employer or successor employer, a labor organization, or another individual or entity that owes or will owe income to the payer.” MCL 552.602(ff).

Support

For purposes of the Support and Parenting Time Enforcement Act, support “means all of the following:

(i) The payment of money for a child or a spouse ordered by the circuit court, whether the order is embodied in an interim, temporary, permanent, or modified order or judgment. Support may include payment of the expenses of medical, dental, and other health care, child care expenses, and educational expenses.

(ii) The payment of money ordered by the circuit court under . . . MCL 722.711 to [MCL] 722.730, for the necessary expenses connected to the mother’s pregnancy or the birth of the child, or for the repayment of genetic testing expenses.

(iii) A surcharge under [MCL 552.603a].” MCL 552.602(ii).

Support order

For purposes of the Support and Parenting Time Enforcement Act, support order “means an order entered by the circuit court for the payment of support, whether or not a sum certain.” MCL 552.602(jj).

T

Title IV-D

For purposes of the Support and Parenting Time Enforcement Act, title IV-D “means part D of title IV of the social security act, 42 USC 651 to [42 USC] 669b.” MCL 552.602(kk).

Title IV-D agency

For purposes of the Support and Parenting Time Enforcement Act, title IV-D agency “means the agency in this state performing the functions under title IV-D and includes a person performing those functions under contract, including an office of the friend of the court or a prosecuting attorney.” MCL 552.602(ll). See also 45 CFR 301.1 (2016).

V

Vehicle

For purposes of the Michigan Vehicle Code (MVC), vehicle means “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under [the MVC], a mobile home as defined in [MCL 125.2302].” MCL 257.79.

Videoconferencing

For purposes of Subchapter 2.400 of the Michigan Court Rules, videoconferencing “means 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).

Violent felony

For purposes of MCL 764.3, violent felony “means that term as defined in . . . MCL 791.236.” MCL 764.3(5)(c). MCL 791.236 defines violent felony as “an offense against a person in violation of . . . MCL 750.82, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, and [MCL] 750.530.” MCL 791.236(20).