HOUSE BILL No. 5334 October 30, 1997, Introduced by Reps. Kelly, Hale, Leland and Law and referred to the Committee on Appropriations. A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to cer- tain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the stat- utes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juve- nile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending sections 1, 2, 2d, 8, 11, 16, 18, 18k, 25, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.8, 712A.11, 712A.16, 712A.18, 712A.18k, 712A.25, and 712A.28), sections 1, 2, 8, 11, 16, and 28 as amended by 1996 PA 409, section 2d as added 03599'97 * JOJ 2 and section 18 as amended by 1996 PA 244, and section 18k as added by 1996 PA 507, and by adding section 2e to chapter XIIA. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XIIA 2 Sec. 1. (1) As used in this chapter:, "court"3 (A) "CIVIL INFRACTION" MEANS THAT TERM AS DEFINED IN 4 SECTION 113 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 5 MCL 600.113. 6 (B) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN 7 SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT. 8 (C) "COURT" means the family division of circuit court. 9 (2) Except as otherwise provided, proceedings under this 10 chapter are not criminal proceedings. 11 (3) This chapter shall be liberally construed so that each 12 juvenile coming within the COURT'S jurisdictionof the court13 receives the care, guidance, and control, preferably in his or 14 her own home, conducive to the juvenile's welfare and the best 15 interest of the state. If a juvenile is removed from the control 16 of his or her parents, the juvenile shall be placed in care as 17 nearly as possible equivalent to the care that should have been 18 given to the juvenile by his or her parents. 19 Sec. 2. The court has the following authority and 20 jurisdiction: 21 (a) Exclusive original jurisdiction superior to and regard- 22 less of the jurisdiction of any other court in proceedings con- 23 cerning a juvenile under 17 years of age who is found within the 24 county if 1 or more of the following applies: 03599'97 * 3 1 (1) Except as otherwise provided in this sub-subdivision, 2 the juvenile has violated any municipal ordinance or law of the 3 state or of the United States. IF THE COURT ENTERS INTO AN 4 AGREEMENT UNDER SECTION 2E OF THIS CHAPTER, THE COURT HAS JURIS- 5 DICTION OVER A JUVENILE WHO COMMITTED A CIVIL INFRACTION ONLY AS 6 PROVIDED IN THAT AGREEMENT. The court has jurisdiction over a 7 juvenile 14 years of age or older who is charged with a specified 8 juvenile violation only if the prosecuting attorney files a peti- 9 tion in the court instead of authorizing a complaint and 10 warrant. As used in this sub-subdivision, "specified juvenile 11 violation" means any of the following: 12 (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 13 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act14No. 328 of the Public Acts of 1931, being sections1931 PA 328, 15 MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 16 750.349, 750.520b, 750.529, 750.529a, and 750.531.of the17Michigan Compiled Laws.18 (B) A violation of section 84 or 110a(2) ofAct No. 328 of19the Public Acts of 1931, being sections 750.84 and 750.110a of20the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 21 MCL 750.84 AND 750.110A, if the juvenile is armed with a danger- 22 ous weapon. As used in this paragraph, "dangerous weapon" means 23 1 or more of the following: 24 (i) A loaded or unloaded firearm, whether operable or 25 inoperable. 03599'97 * 4 1 (ii) A knife, stabbing instrument, brass knuckles, 2 blackjack, club, or other object specifically designed or 3 customarily carried or possessed for use as a weapon. 4 (iii) An object that is likely to cause death or bodily 5 injury when used as a weapon and that is used as a weapon or car- 6 ried or possessed for use as a weapon. 7 (iv) An object or device that is used or fashioned in a 8 manner to lead a person to believe the object or device is an 9 object or device described in subparagraphs (i) to (iii). 10 (C) A violation of section 186a ofAct No. 328 of the11Public Acts of 1931, being section 750.186a of the Michigan12Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 13 750.186A, regarding escape or attempted escape from a juvenile 14 facility, but only if the juvenile facility from which the indi- 15 vidual escaped or attempted to escape was 1 of the following: 16 (i) A high-security or medium-security facility operated by 17 the family independence agency OR A COUNTY JUVENILE AGENCY. 18 (ii) A high-security facility operated by a private agency 19 under contract with the family independence agency OR A COUNTY 20 JUVENILE AGENCY. 21 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 22 the public health code,Act No. 368 of the Public Acts of 1978,23being sections 333.7401 and 333.7403 of the Michigan Compiled24Laws1978 PA 368, MCL 333.7401 AND 333.7403. 25 (E) An attempt to commit a violation described in paragraphs 26 (A) to (D). 03599'97 * 5 1 (F) Conspiracy to commit a violation described in paragraphs 2 (A) to (D). 3 (G) Solicitation to commit a violation described in para- 4 graphs (A) to (D). 5 (H) Any lesser included offense of a violation described in 6 paragraphs (A) to (G) if the individual is charged with a viola- 7 tion described in paragraphs (A) to (G). 8 (I) Any other violation arising out of the same transaction 9 as a violation described in paragraphs (A) to (G) if the individ- 10 ual is charged with a violation described in paragraphs (A) to 11 (G). 12 (2) The juvenile has deserted his or her home without suffi- 13 cient cause and the court finds on the record that the juvenile 14 has been placed or refused alternative placement or the juvenile 15 and the juvenile's parent, guardian, or custodian have exhausted 16 or refused family counseling. 17 (3) The juvenile is repeatedly disobedient to the reasonable 18 and lawful commands of his or her parents, guardian, or custodian 19 and the court finds on the record by clear and convincing evi- 20 dence that court-accessed services are necessary. 21 (4) The juvenile willfully and repeatedly absents himself or 22 herself from school or other learning program intended to meet 23 the juvenile's educational needs, or repeatedly violates rules 24 and regulations of the school or other learning program, and the 25 court finds on the record that the juvenile, the juvenile's 26 parent, guardian, or custodian, and school officials or learning 27 program personnel have met on the juvenile's educational problems 03599'97 * 6 1,and educational counseling and alternative agency help have 2 been sought. As used in this sub-subdivision only, "learning 3 program" means an organized educational program that is appropri- 4 ate, given the age, intelligence, ability, and any psychological 5 limitations of a juvenile, in the subject areas of reading, 6 spelling, mathematics, science, history, civics, writing, and 7 English grammar. 8 (b) Jurisdiction in proceedings concerning any juvenile 9 under 18 years of age found within the county: 10 (1) Whose parent or other person legally responsible for the 11 care and maintenance of the juvenile, when able to do so, 12 neglects or refuses to provide proper or necessary support, edu- 13 cation, medical, surgical, or other care necessary for his or her 14 health or morals, who is subject to a substantial risk of harm to 15 his or her mental well-being, who is abandoned by his or her par- 16 ents, guardian, or other custodian, or who is without proper cus- 17 tody or guardianship. As used in this sub-subdivision: 18 (A) "Education" means learning based on an organized educa- 19 tional program that is appropriate, given the age, intelligence, 20 ability, and any psychological limitations of a juvenile, in the 21 subject areas of reading, spelling, mathematics, science, histo- 22 ry, civics, writing, and English grammar. 23 (B) "Without proper custody or guardianship" does not mean a 24 parent has placed the juvenile with another person who is legally 25 responsible for the care and maintenance of the juvenile and who 26 is able to and does provide the juvenile with proper care and 27 maintenance. 03599'97 * 7 1 (2) Whose home or environment, by reason of neglect, 2 cruelty, drunkenness, criminality, or depravity on the part of a 3 parent, guardian, or other custodian, is an unfit place for the 4 juvenile to live in. 5 (3) Whose parent has substantially failed, without good 6 cause, to comply with a limited guardianship placement plan 7 described in section 424a of the revised probate code,Act8No. 642 of the Public Acts of 1978, being section 700.424a of the9Michigan Compiled Laws1978 PA 642, MCL 700.424A, regarding the 10 juvenile. 11 (4) Whose parent has substantially failed, without good 12 cause, to comply with a court-structured plan described in 13 section 424b or 424c of the revised probate code,Act No. 642 of14the Public Acts of 1978, being sections 700.424b and 700.424c of15the Michigan Compiled Laws1978 PA 642, MCL 700.424B AND 16 700.424C, regarding the juvenile. 17 (5) If the juvenile has a guardian under the revised probate 18 code,Act No. 642 of the Public Acts of 1978, being sections19700.1 to 700.993 of the Michigan Compiled Laws1978 PA 642, MCL 20 700.1 TO 700.993, and the juvenile's parent meets both of the 21 following criteria: 22 (A) The parent, having the ability to support or assist in 23 supporting the juvenile, has failed or neglected, without good 24 cause, to provide regular and substantial support for the juve- 25 nile fora period of2 years or more before the filing of the 26 petition or, if a support order has been entered, has failed to 03599'97 * 8 1 substantially comply with the order fora period of2 years or 2 more before the filing of the petition. 3 (B) The parent, having the ability to visit, contact, or 4 communicate with the juvenile, has regularly and substantially 5 failed or neglected, without good cause, to do so fora period6of2 years or more before the filing of the petition. 7 If a petition is filed in the court alleging that a juvenile 8 is within the provisions of subdivision (b)(1), (2), (3), (4), or 9 (5),and the custody of that juvenile is subject to the prior 10 or continuing order of another court of record of this state, the 11 manner of notice to the other court of record and the authority 12 of the court to proceed is governed by rule of the supreme 13 court. 14 (c) Jurisdiction over juveniles under 18 years of age, 15 jurisdiction of whom has been waived to the family division of 16 circuit court by a circuit courtpursuant toUNDER a provision 17 in a temporary order for custody of juveniles based upon a com- 18 plaint for divorce or upon a motion pursuant to a complaint for 19 divorce by the prosecuting attorney, in a divorce judgment dis- 20 solving a marriage between the parents of the juveniles, or by an 21 amended judgment relative to the custody of the juvenile in a 22 divorce. 23 (d) If the court finds on the record that voluntary services 24 have been exhausted or refused, concurrent jurisdiction in pro- 25 ceedings concerning any juvenile between the ages of 17 and 18 26 found within the county WHO IS ANY OF THE FOLLOWING: 03599'97 * 9 1 (1)Who is repeatedlyREPEATEDLY addicted to the use of 2 drugs or the intemperate use of alcoholic liquors. 3 (2)Who repeatedly associatesREPEATEDLY ASSOCIATING with 4 criminal, dissolute, or disorderly persons. 5 (3)Who is foundFOUND of his or her own free will and 6 knowledge in a house of prostitution, assignation, or ill-fame. 7 (4)Who repeatedly associatesREPEATEDLY ASSOCIATING with 8 thieves, prostitutes, pimps, or procurers. 9 (5)Who is willfullyWILLFULLY disobedient to the reason- 10 able and lawful commands of his or her parents, guardian, or 11 other custodian andisin danger of becoming morally depraved. 12 If any juvenile is brought before thefamily division of13circuitcourt in a county other than that in which the juvenile 14 resides,the court may,before a hearing and with the consent 15 of the judge of thefamily division of circuitcourt in the 16 county of residence, THE COURT MAY enter an order transferring 17thejurisdiction of the matter to the court of the county of 18 residence. CONSENT TO TRANSFER JURISDICTION IS NOT REQUIRED IF 19 THE COUNTY OF RESIDENCE IS A COUNTY JUVENILE AGENCY AND SATISFAC- 20 TORY PROOF OF RESIDENCE IS FURNISHED TO THE COURT OF THE COUNTY 21 OF RESIDENCE. The order is not a legal settlement as defined in 22 section 55 of the social welfare act,Act No. 280 of the Public23Acts of 1939, being section 400.55 of the Michigan Compiled Laws24 1939 PA 280, MCL 400.55. The order, together withAND a cer- 25 tified copy of the proceedings in the transferring court,26 shall be delivered to the court of the countyor circuitof 27 residence. A case designated as a case in which the juvenile 03599'97 * 10 1 shall be tried in the same manner as an adult under section 2d of 2 this chapter may be transferred for venue or for juvenile dispo- 3 sition, but shall not be transferred on grounds of residency. If 4 the case is not transferred, the case shall be tried by thethe5family division of circuitcourt having jurisdiction of the 6 offense. 7 (e) Authority to establish or assist in developing a program 8 or programs within the county to prevent delinquency and provide 9 services to act upon reports submitted to the court related to 10 the behavior of juveniles who do not require formal court juris- 11 diction but otherwise fall within subdivision (a). These serv- 12 ices shall be used only if they are voluntarily accepted by the 13 juvenile and his or her parents, guardian, or custodian. 14 (f) If the court operates a detention home for juveniles 15 within the court's jurisdiction under subdivision (a)(1), author- 16 ity to place a juvenile within that home pending trial if the 17 juvenile is within the circuit court's jurisdiction under section 18 606 of the revised judicature act of 1961,Act No. 236 of the19Public Acts of 1961, being section 600.606 of the Michigan20Compiled Laws1961 PA 236, MCL 600.606, or within the recorder's 21 court of the city of Detroit's jurisdiction under section 22 10a(1)(c) ofAct No. 369 of the Public Acts of 1919, being sec-23tion 725.10a of the Michigan Compiled Laws1919 PA 369, MCL 24 725.10A, and if the circuit court or the recorder's court of the 25 city of Detroit orders the family division of circuit court in 26 the same county to place the juvenile in that home. The family 27 division of circuit court shall comply with that order. 03599'97 * 11 1 (g) Authority to place a juvenile in a county jail under 2 section 27a of chapter IV of the code of criminal procedure,Act3No. 175 of the Public Acts of 1927, being section 764.27a of the4Michigan Compiled Laws1927 PA 175, MCL 764.27A, if the COURT 5 DESIGNATES THE caseis designated by the courtunder section 2d 6 of this chapter as a case in which the juvenile is to be tried in 7 the same manner as an adult,and the courthas determined8thatDETERMINES there is probable cause to believe that the 9 offense was committed andthat there isprobable cause to 10 believe the juvenile committed that offense. 11 Sec. 2d. (1) In a petition or amended petition alleging 12 that a juvenile is within the court's jurisdiction under 13 section 2(a)(1) of this chapter for a specified juvenile viola- 14 tion, the prosecuting attorney may designate the case as a case 15 in which the juvenile is to be tried in the same manner as an 16 adult. An amended petition making a designation under this sub- 17 section shall be filed only by leave of the court. 18 (2) In a petition alleging that a juvenile is within the 19 court's jurisdiction under section 2(a)(1) of this chapter for an 20 offense other than a specified juvenile violation, the prosecut- 21 ing attorney may request that the court designate the case as a 22 case in which the juvenile is to be tried in the same manner as 23 an adult. The court may designate the case following a hearing 24 if it determines that the best interests of the juvenile and the 25 public would be served by the juvenile being tried in the same 26 manner as an adult. In determining whether the best interests of 27 the juvenile and the public would be served, the court shall 03599'97 * 12 1 consider all of the following factors, giving greater weight to 2 the seriousness of the alleged offense and the juvenile's prior 3 delinquency record than to the other factors: 4 (a) The seriousness of the alleged offense in terms of com- 5 munity protection, including, but not limited to, the existence 6 of any aggravating factors recognized by the sentencing guide- 7 lines, the use of a firearm or other dangerous weapon, and the 8 impact on any victim. 9 (b) The JUVENILE'S culpabilityof the juvenilein commit- 10 ting the alleged offense, including, but not limited to, the 11 level of the juvenile's participation in planning and carrying 12 out the offense and the existence of any aggravating or mitigat- 13 ing factors recognized by the sentencing guidelines. 14 (c) The juvenile's prior record of delinquency including, 15 but not limited to, any record of detention, any police record, 16 any school record, or any other evidence indicating prior delin- 17 quent behavior. 18 (d) The juvenile's programming history, including, but not 19 limited to, the juvenile's past willingness to participate mean- 20 ingfully in available programming. 21 (e) The adequacy of the punishment or programming available 22 in the juvenile justice system. 23 (f) The dispositional options available for the juvenile. 24 (3) If a case is designated under this section, the case 25 shall be set for trial in the same manner as the trial of an 26 adult in a court of general criminal jurisdiction unless a 27 probable cause hearing is required under subsection (4). 03599'97 * 13 1 (4) If the petition in a case designated under this section 2 alleges an offense that if committed by an adult would be a 3 felony or punishable by imprisonment for more than 1 year, the 4 court shall conduct a probable cause hearing not later than 14 5 days after the case is designated to determine whether there is 6 probable cause to believe the offense was committed and whether 7 there is probable cause to believe the juvenile committed the 8 offense. This hearing may be combined with the DESIGNATION hear- 9 ing under subsection (2)on the designation of a case involving10 FOR an offense other than a specified juvenile offense. A proba- 11 ble cause hearing under this section is the equivalent of the 12 preliminary examination in a court of general criminal jurisdic- 13 tion and satisfies the requirement for that hearing. A probable 14 cause hearing shall be conducted by a judge other than the judge 15 who will try the case if the juvenile is tried in the same manner 16 as an adult. 17 (5) If the court determinesthatthere is probable cause 18 to believe the offense alleged in the petition was committed and 19there isprobable cause to believe the juvenile committed the 20 offense, the case shall be set for trial in the same manner as 21 the trial of an adult in a court of general criminal 22 jurisdiction. 23 (6) If the court determines that an offense did not occur or 24thatthere is not probable cause to believe the juvenile com- 25 mittedanTHE offense, the court shall dismiss the petition. 26 If the court determines there is probable cause to believethat27 another offense was committed and there is probable cause to 03599'97 * 14 1 believe the juvenile committed that offense, the court may 2 further determine whether the case should be designated as a case 3 in which the juvenile should be tried in the same manner as an 4 adult as provided in subsection (2). If the court designates the 5 case, the case shall be set for trial in the same manner as the 6 trial of an adult in a court of general criminal jurisdiction. 7 (7) If a case is designated under this section, the proceed- 8 ings are criminal proceedings and shall afford all procedural 9 protections and guarantees to which the juvenile would be enti- 10 tled if being tried for the offense in a court of general crimi- 11 nal jurisdiction. A plea of guilty or nolo contendere or a ver- 12 dict of guilty shall result in entry of a judgment of 13 conviction. The conviction shall have the same effect and 14 liabilities as if it had been obtained in a court of general 15 criminal jurisdiction. 16 (8) Following a judgment of conviction, the court shall 17 enter a disposition or impose a sentence authorized under 18 section 18(1)(n) of this chapter. 19 (9) As used in this section, "specified juvenile violation" 20 means any of the following: 21 (a) A violation of section 72, 83, 86, 89, 91, 316, 317, 22 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act23No. 328 of the Public Acts of 1931, being sections 750.72,24750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349,25750.520b, 750.529, 750.529a, and 750.531 of the Michigan Compiled26Laws1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 03599'97 * 15 1 750.316, 750.317, 750.349, 750.520B, 750.529, 750.529A, AND 2 750.531. 3 (b) A violation of section 84 or 110a(2) ofAct No. 328 of4the Public Acts of 1931, being sections 750.84 and 750.110a of5the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 6 MCL 750.84 AND 750.110A, if the juvenile is armed with a danger- 7 ous weapon. As used in this subdivision, "dangerous weapon" 8 means 1 or more of the following: 9 (i) A loaded or unloaded firearm, whether operable or 10 inoperable. 11 (ii) A knife, stabbing instrument, brass knuckles, black- 12 jack, club, or other object specifically designed or customarily 13 carried or possessed for use as a weapon. 14 (iii) An object that is likely to cause death or bodily 15 injury when used as a weapon and that is used as a weapon or car- 16 ried or possessed for use as a weapon. 17 (iv) An object or device that is used or fashioned in a 18 manner to lead a person to believe the object or device is an 19 object or device described in subparagraphs (i) to (iii). 20 (c) A violation of section 186a ofAct No. 328 of the21Public Acts of 1931, being section 750.186a of the Michigan22Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 23 750.186A, regarding escape or attempted escape from a juvenile 24 facility, but only if the juvenile facility from which the juve- 25 nile escaped or attempted to escape was 1 of the following: 26 (i) A high-security or medium-security facility operated by 27 the family independence agency OR A COUNTY JUVENILE AGENCY. 03599'97 * 16 1 (ii) A high-security facility operated by a private agency 2 under contract with the family independence agency OR A COUNTY 3 JUVENILE AGENCY. 4 (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 5 the public health code,Act No. 368 of the Public Acts of 1978,6being sections 333.7401 and 333.7403 of the Michigan Compiled7Laws1978 PA 368, MCL 333.7401 AND 333.7403. 8 (e) An attempt to commit a violation described in subdivi- 9 sions (a) to (d). 10 (f) Conspiracy to commit a violation described in subdivi- 11 sions (a) to (d). 12 (g) Solicitation to commit a violation described in subdivi- 13 sions (a) to (d). 14 (h) Any lesser included offense of an offense described in 15 subdivisions (a) to (g) if the juvenile is alleged in the peti- 16 tion to have committed an offense described in subdivisions (a) 17 to (g). 18 (i) Any other offense arising out of the same transaction as 19 an offense described in subdivisions (a) to (g) if the juvenile 20 is alleged in the petition to have committed an offense described 21 in subdivisions (a) to (g). 22 SEC. 2E. (1) THE COURT MAY ENTER INTO AN AGREEMENT WITH ANY 23 OR ALL DISTRICT COURTS OR MUNICIPAL COURTS WITHIN THE COURT'S 24 GEOGRAPHIC JURISDICTION TO WAIVE JURISDICTION OVER ANY OR ALL 25 CIVIL INFRACTIONS ALLEGED TO HAVE BEEN COMMITTED BY JUVENILES 26 WITHIN THE GEOGRAPHIC JURISDICTION OF THE DISTRICT COURT OR 03599'97 * 17 1 MUNICIPAL COURT. THE AGREEMENT SHALL SPECIFY FOR WHICH CIVIL 2 INFRACTIONS THE COURT WAIVES JURISDICTION. 3 (2) FOR A CIVIL INFRACTION WAIVED UNDER SUBSECTION (1) COM- 4 MITTED BY A JUVENILE ON OR AFTER THE EFFECTIVE DATE OF THE AGREE- 5 MENT, THE DISTRICT COURT OR MUNICIPAL COURT HAS JURISDICTION OVER 6 THE JUVENILE IN THE SAME MANNER AS IF AN ADULT HAD COMMITTED THE 7 CIVIL INFRACTION. THE COURT HAS JURISDICTION OVER JUVENILES WHO 8 COMMIT ANY OTHER CIVIL INFRACTION. 9 Sec. 8. The office of county agent is created. The county 10 agentshall beIS an officer of the court and under the general 11 supervision of the judges of the court and shall serve at their 12 pleasure. The county agent shall organize, direct and develop 13 the juvenile welfare work of the court as authorized by the 14 judge. When requested by the superintendent or director, the 15 county agent shall supervise juveniles released from public 16 institutions or agencies and may perform other juvenile welfare 17 work as requested and with the approval of the judge, including 18 services to school-age juveniles of the various school districts 19 within the county, after consultation and agreement with the 20 county school commissioner and the superintendents of schools in 21 a county.TheWITH THE JUDGE'S APPROVAL, THE county agent or 22 HIS OR HER assistants shall, with the approval of the judge,23make investigations and reportsINVESTIGATE AND REPORT on juve- 24 niles or families within the county as requested by the family 25 independence agency, THE COUNTY JUVENILE AGENCY, orbythe 26 superintendent of any state institution regarding the welfare of 03599'97 * 18 1 any juvenile. Assistant county agents shall perform the duties 2 assigned to them by the county agent. 3 Sec. 11. (1) Except as provided in subsection (2), if a 4 person gives information to the court that a juvenile is within 5 section 2(a)(2) to (6), (b), (c), or (d) of this chapter, a pre- 6 liminary inquiry may be made to determine whether the interests 7 of the public or the juvenile require that further action be 8 taken. If the court determines that formal jurisdiction should 9 be acquired, the court shall authorize a petition to be filed. 10 (2) Only the prosecuting attorney may file a petition 11 requesting the court to take jurisdiction of a juvenile allegedly 12 within section 2(a)(1) of this chapter. If the prosecuting 13 attorney submits a petition requesting the court to take juris- 14 diction of a juvenile allegedly within section 2(a)(1) of this 15 chapter and the court determines that formal jurisdiction should 16 be acquired, the court shall authorize a petition to be filed. 17 (3) IF THE COURT AUTHORIZES A PETITION TO BE FILED AND 18 ASSUMES JURISDICTION UPON DIFFERENT GROUNDS THAN ORIGINALLY 19 ALLEGED IN A PETITION OR PROVIDED IN INFORMATION TO THE COURT, 20 THE COURT SHALL ARTICULATE ON THE RECORD ITS REASONS FOR FINDING 21 JURISDICTION UPON THOSE GROUNDS IF EITHER OF THE FOLLOWING 22 APPLIES: 23 (A) THE JUVENILE WAS ALLEGED TO BE WITHIN SECTION 2(A) OR 24 (D) OF THIS CHAPTER AND THE PETITION WAS AUTHORIZED UNDER SECTION 25 2(B) OR (C) OF THIS CHAPTER. 03599'97 * 19 1 (B) THE JUVENILE WAS ALLEGED TO BE WITHIN SECTION 2(B) OR 2 (C) OF THIS CHAPTER AND THE PETITION WAS AUTHORIZED UNDER SECTION 3 2(A) OR (D) OF THIS CHAPTER. 4 (4)(3)The petition described in subsections (1) and (2) 5 shall be verified and may be upon information and belief. The 6 petition shall set forth plainly the facts that bring the juve- 7 nile within this chapter and shall contain all of the following 8 information: 9 (a) The juvenile's name, birth date, and address. 10 (b) The name and address of the juvenile's parents. 11 (c) The name and address of the juvenile's legal guardian, 12 if there is one. 13 (d) The name and address of each person having custody or 14 control of the juvenile. 15 (e) The name and address of the juvenile's nearest known 16 relative, if no parent or guardian can be found. 17 (5)(4)If any of the facts required under subsection 18(3)(4) are not known to the petitioner, the petition shall 19 state that the facts are not known. If the juvenile attains his 20 or her seventeenth birthday after the filing of the petition, the 21 court's jurisdiction shall continue beyond the juvenile's seven- 22 teenth birthday and the court may hear and dispose of the peti- 23 tion under this chapter. 24 (6)(5)When a petition is authorized, the court shall 25 examine the court file to determine if a juvenile has had finger- 26 prints taken as required under section 3 ofAct No. 289 of the27Public Acts of 1925, being section 28.243 of the Michigan03599'97 * 20 1Compiled Laws1925 PA 289, MCL 28.243. If a juvenile has not 2 had his or her fingerprints taken, the court shall do either of 3 the following: 4 (a) Order the juvenile to submit himself or herself to the 5 police agency that arrested or obtained the warrant for the 6 JUVENILE'S arrestof the juvenileso the juvenile's finger- 7 prints can be taken. 8 (b) Order the juvenile committed to the SHERIFF'S custody 9of the sheriffforthetakingofthe juvenile's 10 fingerprints. 11 (7)(6)A petition or other court record may be amended at 12 any stage of the proceedings as the ends of justice require. 13 (8)(7)If the juvenile diversion act,Act No. 13 of the14Public Acts of 1988, being sections 722.821 to 722.831 of the15Michigan Compiled Laws1988 PA 13, MCL 722.821 TO 722.831, is 16 complied with and the court determines that court services can be 17 used in the prevention of delinquency without formal jurisdic- 18 tion, the court may offer court services to a juvenile without a 19 petition being authorized as provided in section 2(e) of this 20 chapter. 21 Sec. 16. (1) If a juvenile under the age of 17 years is 22 taken into custody or detained, the juvenile shall not be con- 23 fined in any police station, prison, jail, lock-up, or reforma- 24 tory,orbetransported with, or compelled or permitted to 25 associate or mingle with, criminal or dissolute persons. 26 However, except as otherwise provided in section 15(3), (4), and 27 (5) of this chapter, THE COURT MAY ORDER a juvenile 15 years of 03599'97 * 21 1 age or older whose habits or conduct are considered a menace to 2 other juveniles, or who may not otherwise be safely detained, 3may, on order of the court, beplaced in a jail or other place 4 of detention for adults, but in a room or ward separate from 5 adults,and fora periodnotto exceedMORE THAN 30 days, 6 unless longer detention is necessary for the service of process. 7 (2)Provision may be made by theTHE county board of com- 8 missioners in each county or of counties contracting together MAY 9 PROVIDE for the diagnosis, treatment, care, training, and deten- 10 tion of juveniles in a child care hometo beOR FACILITY con- 11 ducted as an agency of the county if the home or facility meets 12 licensing standards establishedby the family independence13agency pursuant to subsection (5)UNDER 1973 PA 116, MCL 722.111 14 TO 722.128. The court or a court approved agency may arrange for 15 the boarding of juvenilesbyIN any of the following: 16 (a) If a juvenile is within the court's jurisdiction under 17 section 2(a) of this chapter,ina suitable foster care home 18 subject to the court's supervision. If a juvenile is within the 19 court's jurisdiction under section 2(b) of this chapter, the 20 court shall not place a juvenile in a foster care home subject to 21 the court's supervision. 22 (b)In aA childcareCARING institution or child plac- 23 ing agency licensed by thefamily independence agency24 DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES to receive for care 25 juveniles within the COURT'S jurisdiction.of the court.03599'97 * 22 1 (c) If in a room or ward,separate and apart from adult 2 criminals,inthe county jailin cases ofFOR juveniles over 3 17 years of age within the COURT'S jurisdiction.of the court.4 (3) If a detention home OR FACILITY is established as an 5 agency of the county, the judge may appoint a superintendent and 6 other necessary employees for the home OR FACILITY who shall 7 receive compensation asshall beprovided by the county board 8 of commissioners of the county. This section does not alter or 9 diminish the legal responsibility of the family independence 10 agency OR A COUNTY JUVENILE AGENCY to receive juveniles committed 11 by theprobate courtsCOURT. 12 (4) If the court under subsection (2) arranges for the board 13 of juveniles temporarily detained in private homes or in a child 14careCARING institution or child placing agency, a reasonable 15 sum, to befixed by the court,fortheTHEIR boardof16the juvenilesshall be paid by the county treasurerout of the17general fund of the countyAS PROVIDED IN SECTION 25 OF THIS 18 CHAPTER. 19 (5) A court shall not provide foster care home services 20 subject to the court's supervision to juveniles within section 21 2(b) of this chapter. 22 (6) A juvenile detention home described in subsection (3) 23 shall be operated under the direction of the county board of com- 24 missioners or, in a county that has an elected county executive, 25 under the COUNTY EXECUTIVE'S direction.of the county26executive.However, a different method for directing the 27 operation of ayouthdetention home may be agreed to in any 03599'97 * 23 1 county by the chief judge of the circuit court in that county and 2 the county board of commissioners or, in a county that has an 3 elected county executive, the county executive. 4 Sec. 18. (1) If the court finds that a juvenile concerning 5 whom a petition is filed is not within this chapter, the court 6 shall enter an order dismissing the petition. Except as other- 7 wise provided in subsection (10), if the court finds that a juve- 8 nile is within this chapter, the court may enter any of the fol- 9 lowing orders of disposition that are appropriate for the welfare 10 of the juvenile and society in view of the facts proven and 11 ascertained: 12 (a) Warn the juvenile or the juvenile's parents, guardian, 13 or custodian and, except as provided in subsection (7), dismiss 14 the petition. 15 (b) Place the juvenile on probation, or under supervision in 16 the juvenile's own home or in the home of an adult who is related 17 to the juvenile. As used in this subdivision, "related" means 18 being a parent, grandparent, brother, sister, stepparent, step- 19 sister, stepbrother, uncle, or aunt by marriage, blood, or 20 adoption. The court shall order the terms and conditions of pro- 21 bation or supervision, including reasonable rules for the conduct 22 of the parents, guardian, or custodian, if any, as the court 23 determines necessary for the physical, mental, or moral 24 well-being and behavior of the juvenile. 25 (c) If a juvenile is within the court's jurisdiction under 26 section 2(a) of this chapter, place the juvenile in a suitable 27 foster care home subject to the court's supervision. If a 03599'97 * 24 1 juvenile is within the court's jurisdiction under section 2(b) of 2 this chapter, the court shall not place a juvenile in a foster 3 care home subject to the court's supervision. 4 (d)PlaceEXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVI- 5 SION, PLACE the juvenile in or commit the juvenile to a private 6 institution or agency approved or licensed by thefamily inde-7pendence agencyDEPARTMENT OF CONSUMER AND INDUSTRY SERVICES for 8 the care of juveniles of similar age, sex, and characteristics. 9 IF THE COUNTY IS A COUNTY JUVENILE AGENCY, THE COURT SHALL COMMIT 10 THE JUVENILE TO THAT COUNTY JUVENILE AGENCY FOR PLACEMENT IN OR 11 COMMITMENT TO SUCH AN INSTITUTION OR AGENCY UNDER CONTRACT WITH 12 THE COUNTY JUVENILE AGENCY AS THE COURT ORDERS OR, TO THE EXTENT 13 AUTHORIZED BY COURT ORDER AND SUBJECT TO ANY LEVEL OF PLACEMENT 14 THE COURT DESIGNATES BY ORDER, AS THE COUNTY JUVENILE AGENCY 15 DETERMINES IS MOST APPROPRIATE. 16 (e)CommitEXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVI- 17 SION, COMMIT the juvenile to a public institution, county facili- 18 ty, institution operated as an agency of the court or county, or 19 agency authorized by law to receive juveniles of similar age, 20 sex, and characteristics. IF THE COUNTY IS A COUNTY JUVENILE 21 AGENCY, THE COURT SHALL COMMIT THE JUVENILE TO THAT COUNTY JUVE- 22 NILE AGENCY FOR PLACEMENT IN OR COMMITMENT TO SUCH AN INSTITUTION 23 OR FACILITY OPERATED BY OR UNDER CONTRACT WITH THE COUNTY JUVE- 24 NILE AGENCY AS THE COURT ORDERS OR, TO THE EXTENT AUTHORIZED BY 25 COURT ORDER AND SUBJECT TO ANY LEVEL OF PLACEMENT THE COURT DES- 26 IGNATES BY ORDER, AS THE COUNTY JUVENILE AGENCY DETERMINES IS 27 MOST APPROPRIATE. In a placement under subdivision (d) or a 03599'97 * 25 1 commitment under this subdivision, except to a state institution 2 OR COUNTY JUVENILE AGENCY INSTITUTION, the JUVENILE'S religious 3 affiliationof the juvenileshall be protected by placement or 4 commitment to a private child-placing or child-caring agency or 5 institution, if available.In everyEXCEPT FOR COMMITMENT TO A 6 COUNTY JUVENILE AGENCY, AN order of commitment under this subdi- 7 vision to a state institution or agency described in the youth 8 rehabilitation services act,Act No. 150 of the Public Acts of91974, being sections 803.301 to 803.309 of the Michigan Compiled10Laws1974 PA 150, MCL 803.301 TO 803.309, or inAct No. 220 of11the Public Acts of 1935, being sections 400.201 to 400.214 of the12Michigan Compiled Laws1935 PA 220, MCL 400.201 TO 400.214, the 13 court shall name the superintendent of the institution to which 14 the juvenile is committed as a special guardian to receive bene- 15 fits due the juvenile from the government of the United States. 16, and theAN ORDER OF COMMITMENT UNDER THIS SUBDIVISION TO A 17 COUNTY JUVENILE AGENCY SHALL NAME THE COUNTY JUVENILE AGENCY AS A 18 SPECIAL GUARDIAN TO RECEIVE THOSE BENEFITS. THE benefits 19 RECEIVED BY THE SPECIAL GUARDIAN shall be used to the extent nec- 20 essary to pay for the portions of the cost of care in the insti- 21 tution OR FACILITY that the parent or parents are found unable to 22 pay. 23 (f) Provide the juvenile with medical, dental, surgical, or 24 other health care, in a local hospital, if available, or else- 25 where, maintaining as much as possible a local physician-patient 26 relationship, and with clothing and other incidental itemsas27 the courtconsidersDETERMINES ARE necessary. 03599'97 * 26 1 (g) Order the parents, guardian, custodian, or any other 2 person to refrain from continuing conduct that the court deter- 3 mines has caused or tended to cause the juvenile to come within 4 or to remain under this chapter,or that obstructs placement 5 or commitment of the juvenile pursuant to an order under this 6 section. 7 (h) Appoint a guardian under section 424 of the revised pro- 8 bate code,Act No. 642 of the Public Acts of 1978, being section9700.424 of the Michigan Compiled Laws1978 PA 642, MCL 700.424, 10 pursuant to a petition filed with the court by a person inter- 11 ested in the JUVENILE'S welfare.of the juvenile.If the court 12 appoints a guardian pursuant to this subdivision, it mayenter13an order dismissingDISMISS the petition under this chapter. 14 (i) Order the juvenile to engage in community service. 15 (j) If the court finds that a juvenile has violated a munic- 16 ipal ordinance or a state or federal law, order the juvenile to 17 pay a civil fine in the amount of the civil or penal fine pro- 18 vided by the ordinance or law. Money collected from fines levied 19 under this subsection shall be distributed as provided in section 20 29 of this chapter. 21 (k) Order the juvenile to pay court costs. Money collected 22 from costs ordered under this subsection shall be distributed as 23 provided in section 29 of this chapter. 24 (l) If a juvenile is within the court's jurisdiction under 25 section 2(a)(1) of this chapter, order the juvenile's parent or 26 guardian to personally participate in treatment reasonably 27 available in the parent's or guardian's location. 03599'97 * 27 1 (m) If a juvenile is within the court's jurisdiction under 2 section 2(a)(1) of this chapter, place the juvenile in and order 3 the juvenile to complete satisfactorily a program of training in 4 a juvenile boot camp established by the family independence 5 agency under the juvenile boot camp act, 1996 PA 263, MCL 6 400.1301 TO 400.1309, as provided in that act. IF THE COUNTY IS 7 A COUNTY JUVENILE AGENCY, HOWEVER, THE COURT SHALL COMMIT THE 8 JUVENILE TO THAT COUNTY JUVENILE AGENCY FOR PLACEMENT IN THE PRO- 9 GRAM UNDER THAT ACT. Upon receiving a report of satisfactory com- 10 pletion of the program from the family independence agency, the 11 court shall authorize the juvenile's release from placement in 12 the juvenile boot camp. Following satisfactory completion of the 13 juvenile boot camp program, the juvenile shall complete an addi- 14 tional period of not less than 120 days or more than 180 days of 15 intensive supervised community reintegration in the juvenile's 16 local community. To place OR COMMIT a juvenilein a juvenile17boot camp programUNDER THIS SUBDIVISION, the court shall deter- 18 mine all of the following: 19 (i) Placement in a juvenile boot camp will benefit the 20 juvenile. 21 (ii) The juvenile is physically able to participate in the 22 program. 23 (iii) The juvenile does not appear to have any mental handi- 24 cap that would prevent participation in the program. 25 (iv) The juvenile will not be a danger to other juveniles in 26 the boot camp. 03599'97 * 28 1 (v) There is an opening in a juvenile boot camp program. 2 (vi) IF THE COURT MUST COMMIT THE JUVENILE TO A COUNTY 3 JUVENILE AGENCY, THE COUNTY JUVENILE AGENCY IS ABLE TO PLACE THE 4 JUVENILE IN A JUVENILE BOOT CAMP PROGRAM. 5 (n) If the court entered a judgment of conviction under sec- 6 tion 2d of this chapter, enter any disposition under this section 7 or, if the court determines that the best interests of the public 8 would be served, impose any sentence upon the juvenile that could 9 be imposed upon an adult convicted of the offense for which the 10 juvenile was convicted. If the juvenile is convicted of a viola- 11 tion or conspiracy to commit a violation of section 7401(2)(a)(i) 12 or 7403(2)(a)(i) of the public health code,Act No. 368 of the13Public Acts of 1978, being sections 333.7401 and 333.7403 of the14Michigan Compiled Laws1978 PA 368, MCL 333.7401 AND 333.7403, 15 the court may impose the alternative sentence permitted under 16 those sections if the court determines that the best interests of 17 the public would be served. The court may delay imposing a sen- 18 tence of imprisonment under this subdivision for a period not 19 longer than the period during which the court has jurisdiction 20 over the juvenile under this chapter by entering an order of dis- 21 position delaying imposition of sentence and placing the juvenile 22 on probation upon the terms and conditions it considers appropri- 23 ate, including any disposition under this section. If the court 24 delays imposing sentence under this section, section 18i of this 25 chapter applies. If the court imposes sentence, it shall enter a 26 judgment of sentence. If the court imposes a sentence of 27 imprisonment, the juvenile shall receive credit against the 03599'97 * 29 1 sentence for time served before sentencing. In determining 2 whether to enter an order of disposition or impose a sentence 3 under this subdivision, the court shall consider all of the fol- 4 lowing factors, giving greater weight to the seriousness of the 5 offense and the juvenile's prior record: 6 (i) The seriousness of the offense in terms of community 7 protection, including, but not limited to, the existence of any 8 aggravating factors recognized by the sentencing guidelines, the 9 use of a firearm or other dangerous weapon, and the impact on any 10 victim. 11 (ii) The culpability of the juvenile in committing the 12 offense, including, but not limited to, the level of the 13 juvenile's participation in planning and carrying out the offense 14 and the existence of any aggravating or mitigating factors recog- 15 nized by the sentencing guidelines. 16 (iii) The juvenile's prior record of delinquency including, 17 but not limited to, any record of detention, any police record, 18 any school record, or any other evidence indicating prior delin- 19 quent behavior. 20 (iv) The juvenile's programming history, including, but not 21 limited to, the juvenile's past willingness to participate mean- 22 ingfully in available programming. 23 (v) The adequacy of the punishment or programming available 24 in the juvenile justice system. 25 (vi) The dispositional options available for the juvenile. 26 (2) An order of disposition placing a juvenile in or 27 committing a juvenile to care outside of the juvenile's own home 03599'97 * 30 1 and under state, COUNTY JUVENILE AGENCY, or court supervision 2 shall contain a provision for reimbursement by the juvenile, 3 parent, guardian, or custodian to the court for the cost of care 4 or service. The order shall be reasonable, taking into account 5 both the income and resources of the juvenile, parent, guardian, 6 or custodian. The amount may be based upon the guidelines and 7 model schedule created under subsection (6). If the juvenile is 8 receiving an adoption support subsidy pursuant to section 115j(4) 9 of the social welfare act,Act No. 280 of the Public Acts of101939, being section 400.115j of the Michigan Compiled Laws1939 11 PA 280, MCL 400.115J, the amount shall not exceed the amount of 12 the support subsidy. The reimbursement provision applies during 13 the entire period the juvenile remains in care outside of the 14 juvenile's own home and under state, COUNTY JUVENILE AGENCY, or 15 court supervision, unless the juvenile is in the COURT'S per- 16 manent custody.of the court.The court shall provide for the 17 collection of all amounts ordered to be reimbursed,and the 18 money collected shall be accounted for and reported to the county 19 board of commissioners. Collections to cover delinquent accounts 20 or to pay the balance due on reimbursement orders may be made 21 after a juvenile is released or discharged from care outside the 22 juvenile's own home and under state, COUNTY JUVENILE AGENCY, or 23 court supervision. Twenty-five percent of all amounts collected 24 pursuant to an order entered under this subsection shall be cred- 25 ited to the appropriate fund of the county to offset the adminis- 26 trative cost of collections. The balance of all amounts 27 collected pursuant to an order entered under this subsection 03599'97 * 31 1 shall be divided in the same ratio in which the county, state, 2 and federal government participate in the cost of care outside 3 the juvenile's own home and under state, COUNTY JUVENILE AGENCY, 4 or court supervision. The court may also collect benefits paid 5 for the cost of care of a court ward from the government of the 6 United States. Money collected for juveniles placed BY THE COURT 7 with or committed to the family independence agency OR A COUNTY 8 JUVENILE AGENCY shall be accounted for and reported on an indi- 9 vidual juvenile basis. In cases of delinquent accounts, the 10 court may also enter an order to intercept state or federal tax 11 refunds of a juvenile, parent, guardian, or custodian and initi- 12 ate the necessary offset proceedings in order to recover the cost 13 of care or service. The court shall send to the person who is 14 the subject of the intercept order advance written notice of the 15 proposed offset. The notice shall include notice of the opportu- 16 nity to contest the offset on the grounds that the intercept is 17 not proper because of a mistake of fact concerning the amount of 18 the delinquency or the identity of the person subject to the 19 order. The court shall provide for the prompt reimbursement of 20 an amount withheld in error or an amount found to exceed the 21 delinquent amount. 22 (3) An order of disposition placing a juvenile in the 23 juvenile's own home under subsection (1)(b) may contain a provi- 24 sion for reimbursement by the juvenile, parent, guardian, or cus- 25 todian to the court for the cost of service. If an order is 26 entered under this subsection, an amount due shall be determined 03599'97 * 32 1 and treated in the same manner provided for an order entered 2 under subsection (2). 3 (4) An order directed to a parent or a person other than the 4 juvenile is not effective and binding on the parent or other 5 person unless opportunity for hearing is givenpursuant toBY 6 issuance of summons or notice as provided in sections 12 and 13 7 of this chapter,and until a copy of the order, bearing the 8 seal of the court, is served on the parent or other person as 9 provided in section 13 of this chapter. 10 (5) If the court appoints an attorney to represent a juve- 11 nile, parent, guardian, or custodian, the court may require in an 12 order entered under this section that the juvenile, parent, 13 guardian, or custodian reimburse the court for attorney fees. 14 (6) The office of the state court administrator, under the 15 supervision and direction of the supreme court and in consulta- 16 tion with the family independence agency and the Michigan probate 17 judges association, shall create guidelines and a model schedule 18thatTHE COURT maybe used by the courtUSE in determining 19 the ability of the juvenile, parent, guardian, or custodian to 20 pay for care and any costs of service ordered under subsection 21 (2) or (3). The guidelines and model schedule shall take into 22 account both the income and resources of the juvenile, parent, 23 guardian, or custodian. 24 (7) If the court finds that a juvenile comes under section 25 30 of this chapter, the court shall order the juvenile or the 26 juvenile's parent to pay restitution as provided in sections 30 27 and 31 of this chapter and in sections 44 and 45 of the crime 03599'97 * 33 1 victim's rights act,Act No. 87 of the Public Acts of 1985,2being sections 780.794 and 780.795 of the Michigan Compiled Laws3 1985 PA 87, MCL 780.794 AND 780.795. 4 (8) If the court imposes restitution as a condition of pro- 5 bation, the court shall require the juvenile to do either of the 6 following as an additional condition of probation: 7 (a) Engage in community service or, with the victim's con- 8 sent, perform services for the victim. 9 (b) Seek and maintain paid employment and pay restitution to 10 the victim from the earnings of that employment. 11 (9) If the court finds that the juvenile is in intentional 12 default of the payment of restitution, a court may, as provided 13 in section 31 of this chapter, revoke or alter the terms and con- 14 ditions of probation for nonpayment of restitution. If a juve- 15 nile who is ordered to engage in community service intentionally 16 refuses to perform the required community service, the court may 17 revoke or alter the terms and conditions of probation. 18 (10)For the purposes of this subsection and19subsection (11), "juvenile offense" means that term as defined in20section 1a of Act No. 289 of the Public Acts of 1925, being sec-21tion 28.241a of the Michigan Compiled Laws.The court shall not 22 enter an order of disposition for a juvenile offense AS DEFINED 23 IN SECTION 1A OF 1925 PA 289, MCL 28.241A, OR A JUDGMENT OF SEN- 24 TENCE FOR A CONVICTION until the court has examined the court 25 file and has determined that the juvenile's fingerprints have 26 been taken as required by section 3 ofAct No. 289 of the Public27Acts of 1925, being section 28.243 of the Michigan Compiled Laws03599'97 * 34 1 1925 PA 289, MCL 28.243. If a juvenile has not had his or her 2 fingerprints taken, the court shall do either of the following: 3 (a) Order the juvenile to submit himself or herself to the 4 police agency that arrested or obtained the warrant for the 5 JUVENILE'S arrestof the juvenileso the juvenile's finger- 6 prints can be taken. 7 (b) Order the juvenile committed to the SHERIFF'S custody 8of the sheriffforthetakingofthe juvenile's 9 fingerprints. 10 (11) Upon FINAL disposition, CONVICTION, ACQUITTAL, or dis- 11 missal ofa juvenileAN offense WITHIN THE COURT'S JURISDICTION 12 UNDER SECTION 2(A)(1) OF THIS CHAPTER, the clerk of the court 13 entering the FINAL disposition, CONVICTION, ACQUITTAL, or dis- 14 missal shall immediately advise the department of state police of 15 the FINAL disposition, CONVICTION, ACQUITTAL, or dismissal on 16 forms approved by the state court administrator, AS REQUIRED BY 17 SECTION 3 OF 1925 PA 289, MCL 28.243. The report to the depart- 18 ment of state police shall include information as to the finding 19 of the judge or jury and a summary of the disposition OR SENTENCE 20 imposed. 21 (12) If the court enters an order of disposition based on an 22 act that is a juvenile offense as defined in section 1 ofAct23No. 196 of the Public Acts of 1989, being section 780.901 of the24Michigan Compiled Laws1989 PA 196, MCL 780.901, the court shall 25 order the juvenile to pay the assessment as provided in that 26 act. If the court enters a judgment of conviction under 27 section 2d of this chapter for an offense that is a felony, 03599'97 * 35 1 serious misdemeanor, or specified misdemeanor as defined in 2 section 1 ofAct No. 196 of the Public Acts of 19891989 PA 3 196, MCL 780.901, the court shall order the juvenile to pay the 4 assessment as provided in that act. 5 (13) If the court has entered an order of disposition OR A 6 JUDGMENT OF CONVICTION for a listed offense as defined in section 7 2 of the sex offenders registration act,Act No. 295 of the8Public Acts of 1994, being section 28.722 of the Michigan9Compiled Laws1994 PA 295, MCL 28.722, the court,orthe 10 family independence agency, OR THE COUNTY JUVENILE AGENCY shall 11 register the juvenile or accept the juvenile's registration as 12 provided in the sex offenders registration act,Act No. 295 of13the Public Acts of 1994, being sections 28.721 to 28.732 of the14Michigan Compiled Laws1994 PA 295, MCL 28.721 TO 28.732. 15 (14) If the court enters an order of disposition placing a 16 juvenile in a juvenile boot camp program, OR COMMITTING A JUVE- 17 NILE TO A COUNTY JUVENILE AGENCY FOR PLACEMENT IN A JUVENILE BOOT 18 CAMP PROGRAM, and the court receives from the family independence 19 agency a report that the juvenile has failed to perform satisfac- 20 torily in the program,or a reportthat the juvenile does not 21 meet the program's requirements or is medically unable to partic- 22 ipate in the program for more than 25 days,or a reportthat 23 there isnot anNO opening in a juvenile boot camp program, OR 24 THAT THE COUNTY JUVENILE AGENCY IS UNABLE TO PLACE THE JUVENILE 25 IN A JUVENILE BOOT CAMP PROGRAM, the court shall release the 26 juvenile from THE placementin the juvenile boot campOR 27 COMMITMENT and enter an alternative order of disposition. A 03599'97 * 36 1 juvenile shall not be placed in a juvenile boot camppursuant2toUNDER an order of disposition more than once, except that a 3 juvenile returned to the court for a medical condition,or4 because there wasnot anNO opening in a juvenile boot camp 5 program, OR BECAUSE THE COUNTY JUVENILE AGENCY WAS UNABLE TO 6 PLACE THE JUVENILE IN A JUVENILE BOOT CAMP PROGRAM may be placed 7 again in the juvenile boot camp program after the medical condi- 8 tion is corrected,oran opening becomes available,in a juve-9nile boot camp programOR THE COUNTY JUVENILE AGENCY IS ABLE TO 10 PLACE THE JUVENILE. 11 (15) The court shall not impose a sentence of imprisonment 12 in the county jail under subsection (1)(n) unless the present 13 county jail facility for the JUVENILE'S imprisonmentof the14juvenilewould meet all requirements under federal law and regu- 15 lations for housing juveniles., and theTHE court shall not 16 impose the sentence OF IMPRISONMENT until it consults with the 17 sheriff to determine when the sentence will begin to ensure that 18 space will be available for the juvenile. 19 Sec. 18k. (1) An individual convicted of or found responsi- 20 ble for a violation of section 91, 316, or 317 OF THE MICHIGAN 21 PENAL CODE, 1931 PA 328, MCL 750.91, 750.316, AND 750.317, or a 22 violation or attempted violation of section 349, 520b, 520c, 23 520d, 520e, or 520g OF THAT ACT, MCL 750.349, 750.520B, 750.520C, 24 750.520D, 750.520E, AND 750.520G, shall provide samples for chem- 25 ical testing for DNA identification profiling or a determination 26 of the sample's genetic markers and shall provide samples for 27 chemical testing for a determination of his or her secretor 03599'97 * 37 1 status. However, if at the time the individual is convicted of 2 or found responsible for the violation the investigating law 3 enforcement agency, the department of state police,orthe 4 family independence agency, OR THE COUNTY JUVENILE AGENCY already 5 has a sample from the individual that meets the requirements of 6 the rules promulgated under the DNA identification profiling 7 system act,Act No. 250 of the Public Acts of 1990, being8sections 28.171 to 28.176 of the Michigan Compiled Laws1990 PA 9 250, MCL 28.171 TO 28.176, the individual is not required to pro- 10 vide another sample. 11 (2) The investigating law enforcement agency shall provide 12 for collecting the samples required to be provided under 13 subsection (1) in a medically approved manner by qualified per- 14 sons using supplies provided by the department of state police 15 and shall forward those samples and any samples described in 16 subsection (1) that were already in the agency's possession to 17 the department of state police. The collecting and forwarding of 18 samples shall be done in the manner required under the rules 19 promulgated under the DNA identification profiling system act, 20Act No. 250 of the Public Acts of 19901990 PA 250, MCL 28.171 21 TO 28.176. 22 (3) The family independence agency oranA COUNTY JUVENILE 23 AGENCY, investigating law enforcement agency, prosecuting agency, 24 or court that has in its possession a DNA identification profile 25 obtained from a sample of an individual convicted of or found 26 responsible for an offense described in subsection (1) shall 27 forward the DNA identification profile to the department of state 03599'97 * 38 1 police at or before the time the court imposes sentence or enters 2 an order of disposition upon that conviction or finding of 3 responsibility unless the department of state police already has 4 a DNA identification profile of the individual. 5 (4) As used in this section: 6 (a) "DNA identification profile" and "DNA identification 7 profiling" mean those terms as defined in section 2 of the DNA 8 identification profiling system act,Act No. 250 of the Public9Acts of 1990, being section 28.172 of the Michigan Compiled Laws10 1990 PA 250, MCL 28.172. 11 (b) "Investigating law enforcement agency" means the law 12 enforcement agency responsible for the investigation of the 13 offense for which the individual is convicted or found 14 responsible. 15 (c) "Sample" means a portion of an individual's blood, 16 saliva, or tissue collected from the individual. 17 Sec. 25. (1)ExpensesEXCEPT AS OTHERWISE PROVIDED BY 18 LAW, EXPENSES incurred in carrying out this chapter, except as19may otherwise be specifically provided by law,shall be paid 20 upon the COURT'S orderof the judge of probateby the county 21 treasurer from the COUNTY'S general fund.of the county.22 (2) A COUNTY THAT IS A COUNTY JUVENILE AGENCY MAY PAY 23 EXPENSES FOR COUNTY JUVENILE AGENCY SERVICES INCURRED IN CARRYING 24 OUT THIS CHAPTER FROM THE BLOCK GRANT DISTRIBUTED UNDER 25 SECTION 117A OF THE SOCIAL WELFARE ACT, 1939 PA 280, MCL 26 400.117A, AND IS NOT OBLIGATED UNDER SUBSECTION (1) TO PAY FOR 27 JUVENILE JUSTICE SERVICES OTHER THAN COUNTY JUVENILE AGENCY 03599'97 * 39 1 SERVICES AS REQUIRED BY SECTION 117A OF THE SOCIAL WELFARE ACT. 2 AS USED IN THIS SUBSECTION, "COUNTY JUVENILE AGENCY SERVICES" AND 3 "JUVENILE JUSTICE SERVICE" MEAN THOSE TERMS AS DEFINED IN SECTION 4 117A OF THE SOCIAL WELFARE ACT. 5 Sec. 28. (1) Before June 1, 1988, the court shall maintain 6 records of all cases brought before it and as provided in the 7 juvenile diversion act., Act No. 13 of the Public Acts of 1988,8being sections 722.821 to 722.831 of the Michigan Compiled Laws.9 The records shall be open only by COURT orderof the courtto 10 persons having a legitimate interest, except that diversion 11 records shall be open only as provided inAct No. 13 of the12Public Acts of 1988THE JUVENILE DIVERSION ACT. 13 (2) Beginning June 1, 1988, the court shall maintain records 14 of all cases brought before it and as provided inAct No. 13 of15the Public Acts of 1988THE JUVENILE DIVERSION ACT. Except as 16 otherwise provided in this subsection, records of a case brought 17 before the court shall be open to the general public. Diversion 18 records shall be open only as provided inAct No. 13 of the19Public Acts of 1988THE JUVENILE DIVERSION ACT. Except as oth- 20 erwise provided in section 49 of the crime victim's rights act, 21Act No. 87 of the Public Acts of 1985, being section 780.799 of22the Michigan Compiled Laws1985 PA 87, MCL 780.799, if the hear- 23 ing of a case brought before the court is closed under section 17 24 of this chapter, the records of that hearing shall be open only 25 by COURT orderof the courtto persons having a legitimate 26 interest. 03599'97 * 40 1 (3) If the court issues an order in respect to payments by a 2 parent under section 18(2) of this chapter, a copy shall be 3 mailed to the department of treasury. Action taken against par- 4 ents or adults shall not be released for publicity unless the 5 parents or adults areadjudgedFOUND guilty of contempt of 6 court. The court shall furnish the family independence agency 7 AND A COUNTY JUVENILE AGENCY with reports of the administration 8 of the court in a form recommended by the Michigan association of 9 probate and juvenile court judges. Copies of these reports 10 shall, upon request, be made available to other state departments 11 by the family independence agency. 12 (4) As used insubsections (1) and (2), "personsTHIS 13 SECTION: 14 (A) "JUVENILE DIVERSION ACT" MEANS THE JUVENILE DIVERSION 15 ACT, 1988 PA 13, MCL 722.821 TO 722.831. 16 (B) "PERSONS having a legitimate interest" includes a member 17 of a local foster care review board established underAct18No. 422 of the Public Acts of 1984, being sections 722.131 to19722.140 of the Michigan Compiled Laws1984 PA 422, MCL 722.131 20 TO 722.139A. 21 Enacting section 1. This amendatory act does not take 22 effect unless the United States department of health and human 23 services grants part 3 of the family independence agency's waiver 24 filed under the child welfare demonstration project to permit a 25 transfer of title IV-E funding from the state to 1 or more coun- 26 ties and the family independence agency files with the secretary 27 of state a certification that the necessary waiver was granted. 03599'97 * 41 1 Enacting section 2. This amendatory act does not take 2 effect unless all of the following bills of the 89th Legislature 3 are enacted into law: 4 (a) Senate Bill No. _____ or House Bill No. _____ (request 5 no. 03597'97 *). 6 (b) Senate Bill No. _____ or House Bill No. _____ (request 7 no. 03598'97 *). 8 (c) Senate Bill No. _____ or House Bill No. _____ (request 9 no. 03598'97 a *). 10 (d) Senate Bill No. _____ or House Bill No. _____ (request 11 no. 03598'97 b *). 12 (e) Senate Bill No. _____ or House Bill No. _____ (request 13 no. 03644'97 *). 14 (f) Senate Bill No. _____ or House Bill No. _____ (request 15 no. 03917'97 *). 03599'97 * Final page. JOJ