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IN RE DITTRICK INFANT

Docket No. 77-1712.

80 Mich. App. 219 (1977)

263 N.W.2d 37

In re DITTRICK INFANT. BAY COUNTY DEPARTMENT OF SOCIAL SERVICES v. DITTRICK.

Michigan Court of Appeals.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Eugene C. Penzien, Prosecuting Attorney, and George B. Mullison, Chief Assistant Prosecutor, for plaintiff.

Legal Services of Eastern Michigan (by Alice A. Kleinhans), for Carol Dittrick.

Frederick J. Cady, III, for Gary Dittrick.

Before: DANHOF, C.J., and ALLEN and H.L. HEADING, JJ.

ALLEN, J.

On December 17, 1976, the Bay County Probate Court issued an order directing that the plaintiff, Bay County Department of Social Services, take temporary custody of the child of defendants Gary and Carol Dittrick. The situation presented is novel because the child was not born until February 2, 1977, 45 days after the order was issued. This appeal challenges the plaintiff's asserted authority to act in this manner and the probate court's asserted jurisidiction...

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