HOUSE BILL No. 5564 February 10, 1998, Introduced by Rep. Scranton and referred to the Committee on Judiciary. 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 2, 2a, 2c, 14, 15, 17, 17c, 18, and 26 of chapter XIIA (MCL 712A.2, 712A.2a, 712A.2c, 712A.14, 712A.15, 712A.17, 712A.17c, 712A.18, and 712A.26), sections 2, 2a, 2c, and 17 as amended by 1996 PA 409, section 14 as amended by 1988 02210'97 a * TLG 2 PA 224, section 15 as amended by 1987 PA 72, section 17c as amended by 1994 PA 264, and section 18 as amended by 1996 PA 244. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XIIA 2 Sec. 2. The court has the following authority and 3 jurisdiction: 4 (a) Exclusive original jurisdiction superior to and regard- 5 less of the jurisdiction of any other court in proceedings con- 6 cerning a juvenile under 17 years of age who is found within the 7 county if 1 or more of the following applies: 8 (1) Except as otherwise provided in this sub-subdivision, 9 the juvenile has violated any municipal ordinance or law of the 10 state or of the United States. The court has jurisdiction over a 11 juvenile 14 years of age or older who is charged with a specified 12 juvenile violation only if the prosecuting attorney files a peti- 13 tion in the court instead of authorizing a complaint and 14 warrant. As used in this sub-subdivision, "specified juvenile 15 violation" means any of the following: 16 (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 17 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act18No. 328 of the Public Acts of 1931, being sections1931 PA 328, 19 MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 20 750.349, 750.520b, 750.529, 750.529a, and 750.531.of the21Michigan Compiled Laws.22 (B) A violation of section 84 or 110a(2) ofAct No. 328 of23the Public Acts of 1931, being sectionsTHE MICHIGAN PENAL CODE, 02210'97 a * 3 1 1931 PA 328, MCL 750.84 and 750.110a,of the Michigan Compiled2Laws,if the juvenile is armed with a dangerous weapon. As used 3 in this paragraph, "dangerous weapon" means 1 or more of the 4 following: 5 (i) A loaded or unloaded firearm, whether operable or 6 inoperable. 7 (ii) A knife, stabbing instrument, brass knuckles, black- 8 jack, club, or other object specifically designed or customarily 9 carried or possessed for use as a weapon. 10 (iii) An object that is likely to cause death or bodily 11 injury when used as a weapon and that is used as a weapon or car- 12 ried or possessed for use as a weapon. 13 (iv) An object or device that is used or fashioned in a 14 manner to lead a person to believe the object or device is an 15 object or device described in subparagraphs (i) to (iii). 16 (C) A violation of section 186a ofAct No. 328 of the17Public Acts of 1931, being section 750.186a of the Michigan18Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 19 MCL 750.186A, regarding escape or attempted escape from a juve- 20 nile facility, but only if the juvenile facility from which the 21 individual escaped or attempted to escape was 1 of the 22 following: 23 (i) A high-security or medium-security facility operated by 24 the family independence agency. 25 (ii) A high-security facility operated by a private agency 26 under contract with the family independence agency. 02210'97 a * 4 1 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 2 the public health code,Act No. 368 of the Public Acts of 1978,3being sections1978 PA 368, MCL 333.7401 and 333.7403.of the4Michigan Compiled Laws.5 (E) An attempt to commit a violation described in paragraphs 6 (A) to (D). 7 (F) Conspiracy to commit a violation described in paragraphs 8 (A) to (D). 9 (G) Solicitation to commit a violation described in para- 10 graphs (A) to (D). 11 (H) Any lesser included offense of a violation described in 12 paragraphs (A) to (G) if the individual is charged with a viola- 13 tion described in paragraphs (A) to (G). 14 (I) Any other violation arising out of the same transaction 15 as a violation described in paragraphs (A) to (G) if the individ- 16 ual is charged with a violation described in paragraphs (A) to 17 (G). 18 (2) The juvenile has deserted his or her home without suffi- 19 cient cause and the court finds on the record that the juvenile 20 has been placed or refused alternative placement or the juvenile 21 and the juvenile's parent, guardian, or custodian have exhausted 22 or refused family counseling. 23 (3) The juvenile is repeatedly disobedient to the reasonable 24 and lawful commands of his or her parents, guardian, or custodian 25 and the court finds on the record by clear and convincing evi- 26 dence that court-accessed services are necessary. 02210'97 a * 5 1 (4) The juvenile willfully and repeatedly absents himself or 2 herself from school or other learning program intended to meet 3 the juvenile's educational needs, or repeatedly violates rules 4 and regulations of the school or other learning program, and the 5 court finds on the record that the juvenile, the juvenile's 6 parent, guardian, or custodian, and school officials or learning 7 program personnel have met on the juvenile's educational prob- 8 lems, and educational counseling and alternative agency help have 9 been sought. As used in this sub-subdivision only, "learning 10 program" means an organized educational program that is appropri- 11 ate, given the age, intelligence, ability, and any psychological 12 limitations of a juvenile, in the subject areas of reading, 13 spelling, mathematics, science, history, civics, writing, and 14 English grammar. 15 (b) Jurisdiction in proceedings concerning any juvenile 16 under 18 years of age found within the county: 17 (1) Whose parent or other person legally responsible for the 18 care and maintenance of the juvenile, when able to do so, 19 neglects or refuses to provide proper or necessary support, edu- 20 cation, medical, surgical, or other care necessary for his or her 21 health or morals, who is subject to a substantial risk of harm to 22 his or her mental well-being, who is abandoned by his or her par- 23 ents, guardian, or other custodian, or who is without proper cus- 24 tody or guardianship. As used in this sub-subdivision: 25 (A) "Education" means learning based on an organized educa- 26 tional program that is appropriate, given the age, intelligence, 27 ability, and any psychological limitations of a juvenile, in the 02210'97 a * 6 1 subject areas of reading, spelling, mathematics, science, 2 history, civics, writing, and English grammar. 3 (B) "Without proper custody or guardianship" does not mean a 4 parent has placed the juvenile with another person who is legally 5 responsible for the care and maintenance of the juvenile and who 6 is able to and does provide the juvenile with proper care and 7 maintenance. 8 (2) Whose home or environment, by reason of neglect, cruel- 9 ty, drunkenness, criminality, or depravity on the part of a 10 parent, guardian, or other custodian, is an unfit place for the 11 juvenile to live in. 12 (3) Whose parent has substantially failed, without good 13 cause, to comply with a limited guardianship placement plan 14 described in section 424a of the revised probate code,Act15No. 642 of the Public Acts of 1978, being section 700.424a of the16Michigan Compiled Laws1978 PA 642, MCL 700.424A, regarding the 17 juvenile. 18 (4) Whose parent has substantially failed, without good 19 cause, to comply with a court-structured plan described in 20 section 424b or 424c of the revised probate code,Act No. 642 of21the Public Acts of 1978, being sections 700.424b and 700.424c of22the Michigan Compiled Laws1978 PA 642, MCL 700.424B AND 23 700.424C, regarding the juvenile. 24 (5) If the juvenile has a guardian under the revised probate 25 code,Act No. 642 of the Public Acts of 1978, being sections26700.1 to 700.993 of the Michigan Compiled Laws1978 PA 642, 02210'97 a * 7 1 MCL 700.1 TO 700.993, and the juvenile's parent meets both of the 2 following criteria: 3 (A) The parent, having the ability to support or assist in 4 supporting the juvenile, has failed or neglected, without good 5 cause, to provide regular and substantial support for the juve- 6 nile for a period of 2 years or more before the filing of the 7 petition or, if a support order has been entered, has failed to 8 substantially comply with the order for a period of 2 years or 9 more before the filing of the petition. 10 (B) The parent, having the ability to visit, contact, or 11 communicate with the juvenile, has regularly and substantially 12 failed or neglected, without good cause, to do so for a period of 13 2 years or more before the filing of the petition. 14 If a petition is filed in the court alleging that a juvenile 15 is within the provisions of subdivision (b)(1), (2), (3), (4), or 16 (5), and the custody of that juvenile is subject to the prior or 17 continuing order of another court of record of this state, the 18 manner of notice to the other court of record and the authority 19 of the court to proceed is governed by rule of the supreme 20 court. 21 (c) Jurisdiction over juveniles under 18 years of age, 22 jurisdiction of whom has been waived to the family division of 23 circuit court by a circuit court pursuant to a provision in a 24 temporary order for custody of juveniles based upon a complaint 25 for divorce or upon a motion pursuant to a complaint for divorce 26 by the prosecuting attorney, in a divorce judgment dissolving a 02210'97 a * 8 1 marriage between the parents of the juveniles, or by an amended 2 judgment relative to the custody of the juvenile in a divorce. 3 (d) If the court finds on the record that voluntary services 4 have been exhausted or refused, concurrent jurisdiction in pro- 5 ceedings concerning any juvenile between the ages of 17 and 18 6 found within the county: 7 (1) Who is repeatedly addicted to the use of drugs or the 8 intemperate use of alcoholic liquors. 9 (2) Who repeatedly associates with criminal, dissolute, or 10 disorderly persons. 11 (3) Who is found of his or her own free will and knowledge 12 in a house of prostitution, assignation, or ill-fame. 13 (4) Who repeatedly associates with thieves, prostitutes, 14 pimps, or procurers. 15 (5) Who is willfully disobedient to the reasonable and 16 lawful commands of his or her parents, guardian, or other custo- 17 dian and is in danger of becoming morally depraved. 18 If any juvenile is brought before the family division of 19 circuit court in a county other than that in which the juvenile 20 resides, the court may, before a hearing and with the consent of 21 the judge of the family division of circuit court in the county 22 of residence, enter an order transferring the jurisdiction of the 23 matter to the court of the county of residence. The order is not 24 a legal settlement as defined in section 55 of the social welfare 25 act,Act No. 280 of the Public Acts of 1939, being26section 400.55 of the Michigan Compiled Laws1939 PA 280, 27 MCL 400.55. The order, together with a certified copy of the 02210'97 a * 9 1 proceedings in the transferring court, shall be delivered to the 2 court of the county or circuit of residence. A case designated 3 as a case in which the juvenile shall be tried in the same manner 4 as an adult under section 2d of this chapter may be transferred 5 for venue or for juvenile disposition, but shall not be trans- 6 ferred on grounds of residency. If the case is not transferred, 7 the case shall be tried by the the family division of circuit 8 court having jurisdiction of the offense. 9 (e) Authority to establish or assist in developing a program 10 or programs within the county to prevent delinquency and provide 11 services to act upon reports submitted to the court related to 12 the behavior of juveniles who do not require formal court juris- 13 diction but otherwise fall within subdivision (a). These serv- 14 ices shall be used only if they are voluntarily accepted by the 15 juvenile and his or her parents, guardian, or custodian. 16 (f) If the court operates a detention home for juveniles 17 within the court's jurisdiction under subdivision (a)(1), author- 18 ity to place a juvenile within that home pending trial if the 19 juvenile is within the circuit court's jurisdiction under section 20 606 of the revised judicature act of 1961,Act No. 236 of the21Public Acts of 1961, being section 600.606 of the Michigan22Compiled Laws1961 PA 236, MCL 600.606, or within the recorder's 23 court of the city of Detroit's jurisdiction under section 24 10a(1)(c) ofAct No. 369 of the Public Acts of 1919, being sec-25tion 725.10a of the Michigan Compiled Laws1979 PA 369, 26 MCL 725.10A, and if the circuit court or the recorder's court of 27 the city of Detroit orders the family division of circuit court 02210'97 a * 10 1 in the same county to place the juvenile in that home. The 2 family division of circuit court shall comply with that order. 3 (g) Authority to place a juvenile in a county jail under 4 section 27a of chapter IV of the code of criminal procedure,Act5No. 175 of the Public Acts of 1927, being section 764.27a of the6Michigan Compiled Laws1927 PA 175, MCL 764.27A, if the case is 7 designated by the court under section 2d of this chapter as a 8 case in which the juvenile is to be tried in the same manner as 9 an adult, and the court has determined that there is probable 10 cause to believe that the offense was committed and that there is 11 probable cause to believe the juvenile committed that offense. 12 (H) JURISDICTION OVER A PROCEEDING UNDER SECTION 2950 OR 13 2950A OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 14 MCL 600.2950 AND 600.2950A, IN WHICH A MINOR LESS THAN 17 YEARS 15 OF AGE IS THE RESPONDENT. VENUE FOR AN INITIAL ACTION UNDER SEC- 16 TION 2950 OR 2950A OF THE REVISED JUDICATURE ACT OF 1961, 1961 17 PA 236, MCL 600.2950 AND 600.2950A, IS PROPER IN THE COUNTY OF 18 RESIDENCE OF EITHER THE PETITIONER OR RESPONDENT. IF THE RESPON- 19 DENT DOES NOT LIVE IN THIS STATE, VENUE FOR THE INITIAL ACTION IS 20 PROPER IN THE PETITIONER'S COUNTY OF RESIDENCE. 21 Sec. 2a. (1) Except as otherwise provided in 22 subsection (2), if the court has exercised jurisdiction over a 23 juvenile under section 2(a) or (b) of this chapter, jurisdiction 24 shall continue for a period of 2 years beyond the maximum age of 25 jurisdiction conferred under section 2 of this chapter, unless 26 the juvenile is released sooner by court order. 02210'97 a * 11 1 (2) If the court has exercised jurisdiction over a juvenile 2 under section 2(a)(1) of this chapter for an offense that, if 3 committed by an adult, would be a violation or attempted viola- 4 tion of section 72, 83, 84, 86, 88, 89, 91, 110a(2), 186a, 316, 5 317, 349, 520b, 520c, 520d, 520g, 529, 529a, 530, or 531 of the 6 Michigan penal code,Act No. 328 of the Public Acts of 1931,7being sections1931 PA 328, MCL 750.72, 750.83, 750.84, 750.86, 8 750.88, 750.89, 750.91, 750.110a, 750.186a, 750.316, 750.317, 9 750.349, 750.520b, 750.520c, 750.520d, 750.520g, 750.529, 10 750.529a, 750.530, and 750.531,of the Michigan Compiled Laws,11 or section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health 12 code,Act No. 368 of the Public Acts of 1978, being sections13 1978 PA 368, MCL 333.7401 and 333.7403,of the Michigan Compiled14Laws,jurisdiction may be continued under section 18d of this 15 chapter until the juvenile is 21 years of age. 16 (3) IF THE COURT EXERCISED JURISDICTION OVER A CHILD UNDER 17 SECTION 2(H) OF THIS CHAPTER, JURISDICTION MAY CONTINUE FOR A 18 PERIOD OF 6 MONTHS BEYOND THAT CHILD'S EIGHTEENTH BIRTHDAY. 19 (4)(3)This section does not apply if the juvenile is 20 sentenced to the jurisdiction of the department of corrections. 21 (5)(4)As used in this chapter, "child", "juvenile", 22 "minor", or any other term signifying a person under the age of 23 18 applies to a person 18 years of age or older concerning whom 24 proceedings are commenced in the court under section 2 of this 25 chapter and over whom the court has continuing jurisdiction pur- 26 suant tosubsection (1)SUBSECTIONS (1) AND (3). 02210'97 a * 12 1 Sec. 2c. The court may issue an order authorizing a peace 2 officer or other person designated by the court to apprehend a 3 juvenile who is absent without leave from an institution or 4 facility to which he or she was committed under section 18 of 5 this chapter, has violated probation,orhas failed to appear 6 for a hearing on a petition charging a violation of section 2 of 7 this chapter OR IS ALLEGED TO HAVE VIOLATED A PERSONAL PROTECTION 8 ORDER ISSUED UNDER SECTION 2(H) OF THIS CHAPTER. The order shall 9 set forth specifically the identity of the juvenile sought and 10 the house, building, or other location or place where there is 11 probable cause to believe the juvenile is to be found. A person 12 who interferes with the lawful attempt to execute an order issued 13 under this section is guilty of a misdemeanor punishable by 14 imprisonment for not more than 90 days or a fine of not more than 15 $100.00, or both. 16 Sec. 14. (1) Any local police officer, sheriff or deputy 17 sheriff, state police officer, county agent or probation officer 18 of any court of record may, without the order of the court, imme- 19 diately take into custody any child who is found violating any 20 law or ordinance, or whose surroundings are such as to endanger 21 his or her health, morals, or welfare, OR WHO IS IN VIOLATION OF 22 A PERSONAL PROTECTION ORDER ISSUED BY THE FAMILY DIVISION OF THE 23 CIRCUIT COURT UNDER SECTION 2950 OR 2950A OF THE REVISED JUDICA- 24 TURE ACT OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A. If 25 such an officer or county agent takes a child coming within the 26 provisions of this chapter into custody, he or she shall 27 immediately attempt to notify the parent or parents, guardian, or 02210'97 a * 13 1 custodian. While awaiting the arrival of the parent or parents, 2 guardian, or custodian, a child under the age of 17 years taken 3 into custody under the provisions of this chapter shall not be 4 held in any detention facility unless the child is completely 5 isolated so as to prevent any verbal, visual, or physical contact 6 with any adult prisoner. Unless the child requires immediate 7 detention as provided for in this act, the officer shall accept 8 the written promise of the parent or parents, guardian, or custo- 9 dian, to bring the child to the court at a time fixed therein. 10 The child shall then be released to the custody of the parent or 11 parents, guardian, or custodian. 12 (2) If a child is not released under subsection (1), the 13 child and his or her parents, guardian, or custodian, if they can 14 be located, shall immediately be brought before the court for a 15 preliminary hearing on the status of the child, and an order 16 signed by a judge of probate or a referee authorizing the filing 17 of a complaint shall be entered or the child shall be released to 18 his or her parent or parents, guardian, or custodian. 19 (3) If a complaint is authorized under subsection (2), the 20 order shall state where the child is to be placed, pending inves- 21 tigation and hearing, which placement may be in any of the 22 following: 23 (a) In the home of the child's parent, guardian, or 24 custodian. 25 (b) If a child is within the court's jurisdiction under sec- 26 tion 2(a) of this chapter, in a suitable foster care home subject 27 to the court's supervision. Except as otherwise provided in 02210'97 a * 14 1 subsections (4) and (5), if a child is within the court's 2 jurisdiction under section 2(b) of this chapter, the court shall 3 not place a child in a foster care home subject to the court's 4 supervision. 5 (c) In a child care institution or child placing agency 6 licensed by the state department of social services to receive 7 for care children within the jurisdiction of the court. 8 (d) In a suitable place of detention. 9 (4) Except as otherwise provided in subsection (5), if a 10 court is providing at the time of the enactment of this subsec- 11 tion foster care home services subject to the court's supervision 12 to children within section 2(b) of this chapter, the court may 13 continue to provide those services through December 31, 1989. 14 Beginning January 1, 1990, the court shall discontinue providing 15 those services. 16 (5) If a court located in a county with a population in 17 excess of 650,000 is providing at the time of the enactment of 18 this subsection foster care home services subject to the court's 19 supervision to children within section 2(b) of this chapter, the 20 court may continue to provide those services through 21 December 31, 1991. Beginning January 1, 1992, the court shall 22 discontinue those services. 23 Sec. 15. (1) In the case of a child concerning whom a com- 24 plaint has been made or a petitionor supplemental petition or25petition for revocation of probationhas been filed pursuant to 26 this chapter, the court may order the child, pending the hearing, 27 detained in a facility as the court shall designate. The court 02210'97 a * 15 1 may release the child, pending the hearing, in the custody of a 2 parent, guardian, or custodian, to be brought before the court at 3 the time designated. AS USED IN THIS SUBSECTION, "PETITION" 4 INCLUDES ALL OF THE FOLLOWING: 5 (A) PETITION. 6 (B) SUPPLEMENTAL PETITION. 7 (C) PETITION FOR REVOCATION OF PROBATION. 8 (D) SUPPLEMENTAL PETITION ALLEGING A VIOLATION OF A PERSONAL 9 PROTECTION ORDER. 10 (2) Custody, pending hearing, is limited to the following 11 children: 12 (a) Those whose home conditions make immediate removal 13 necessary. 14 (b) Those who have a record of unexcused failures to appear 15 at juvenile court proceedings. 16 (c) Those who have run away from home. 17 (d) Those who have failed to remain in a detention or nonse- 18 cure facility or placement in violation of a court order. 19 (e) Those whose offenses are so serious that release would 20 endanger public safety. 21 (F) THOSE WHO HAVE ALLEGEDLY VIOLATED A PERSONAL PROTECTION 22 ORDER AND FOR WHOM IT APPEARS THERE IS A SUBSTANTIAL LIKELIHOOD 23 OF RETALIATION OR CONTINUED VIOLATION. 24 (3) A child taken into custody pursuant to section 2(a)(2) 25 to(6)(4) of this chapter or subsection (2)(c), who is not26under the jurisdiction of the court pursuant to section 2(a)(1)27of this chapter,shall not be detained in any secure facility 02210'97 a * 16 1 designed to physically restrict the movements and activities of 2 alleged or adjudicated juvenile offenders unless the court finds 3 that the child willfully violated a court order and the court 4 finds, after a hearing and on the record, that there is not a 5 less restrictive alternative more appropriate to the needs of the 6 child. THIS SUBSECTION DOES NOT APPLY TO A CHILD WHO IS UNDER 7 THE JURISDICTION OF THE COURT PURSUANT TO SECTION 2(A)(1) OF THIS 8 CHAPTER OR A SUPPLEMENTAL PETITION PURSUANT TO SECTION 2(H) OF 9 THIS CHAPTER. 10 (4) A child taken into custody pursuant to section 2(b) of 11 this chapter or subsection (2)(a) shall not be detained in any 12 secure facility designed to physically restrict the movements and 13 activities of alleged or adjudicated juvenile offenders or in a 14 cell or other secure area of any secure facility designed to 15 incarcerate adults. 16 (5) A child taken into custody pursuant to section 2(a)(2) 17 to(6)(4) of this chapter or subsection (2)(c)who is not18under the jurisdiction of the court pursuant to the provisions of19section 2(a)(1) of this chapter for an offense which, if commit-20ted by an adult, would be a felonyshall not be detained in a 21 cell or other secure area of any secure facility designed to 22 incarcerate adults.UNLESS EITHER OF THE FOLLOWING APPLIES: 23 (A) A CHILD IS UNDER THE JURISDICTION OF THE COURT PURSUANT 24 TO SECTION 2(A)(1) OF THIS CHAPTER FOR AN OFFENSE WHICH, IF COM- 25 MITTED BY AN ADULT, WOULD BE A FELONY. 26 (B) A CHILD IS UNDER THE JURISDICTION OF THE COURT PURSUANT 27 TO A SUPPLEMENTAL PETITION UNDER SECTION 2(H) OF THIS CHAPTER. 02210'97 a * 17 1 Sec. 17. (1) The court may conduct a hearing other than a 2 criminal hearing in an informal manner. The Court may adjourn a 3 hearing under this chapter from time to time. The court shall 4 require stenographic notes or other transcript to be taken of the 5 hearing. 6 (2)InEXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IN 7 a hearing other than a criminal trial under this chapter, any 8 person interested in the hearing may demand a jury of 6 individu- 9 als, or the judge of the family division of probate court, on his 10 or her own motion, may order a jury of 6 individuals to try the 11 case. IN A PROCEEDING UNDER SECTION 2(H) OF THIS CHAPTER, A JURY 12 MAY ONLY BE DEMANDED ON A SUPPLEMENTAL PETITION ALLEGING A VIOLA- 13 TION OF A PERSONAL PROTECTION ORDER. In a criminal trial, a jury 14 may be demanded as provided by law. The jury shall be summoned 15 and impaneled in accordance with chapter 13 of the revised judi- 16 cature act of 1961,Act No. 236 of the Public Acts of 1961,17being sections 600.1300 to 600.1376 of the Michigan Compiled18Laws1961 PA 236, MCL 600.1300 TO 600.1376, and, in the case of 19 a criminal trial, as provided in chapter VIII of the code of 20 criminal procedure,Act No. 175 of the Public Acts of 1927,21being sections 768.1 to 768.36 of the Michigan Compiled Laws22 1927 PA 175, MCL 768.1 TO 768.36. 23 (3) A parent, guardian, or other custodian of a juvenile 24 held under this chapter has the right to give bond or other 25 security for the appearance of the juvenile at the hearing of the 26 case. 02210'97 a * 18 1 (4) The prosecuting attorney shall appear for the people 2 when requested by the court, and in a proceeding under section 3 2(a)(1) of this chapter, the prosecuting attorney shall appear if 4 the proceeding requires a hearing and the taking of testimony. 5 (5) In a proceeding under section 2(b) of this chapter, upon 6 request of the family independence agency or an agent of the 7 family independence agency under contract with the family inde- 8 pendence agency, the prosecuting attorney shall serve as a legal 9 consultant to the family independence agency or its agent at all 10 stages of the proceeding. If in a proceeding under section 2(b) 11 of this chapter the prosecuting attorney does not appear on 12 behalf of the family independence agency or its agent, the family 13 independence agency may contract with an attorney of its choice 14 for legal representation. 15 (6) A member of a local foster care review board established 16 underAct No. 422 of the Public Acts of 1984, being sections17722.131 to 722.140 of the Michigan Compiled Laws1984 PA 422, 18 MCL 722.131 TO 722.139A, shall be admitted to a hearing under 19 subsection (1). 20 (7) Upon motion of any party or a victim, the court may 21 close the hearing of a case brought under this chapter to members 22 of the general public during the testimony of a juvenile witness 23 or the victim if the court finds that closing the hearing is nec- 24 essary to protect the welfare of the juvenile witness or the 25 victim. In determining whether closing the hearing is necessary 26 to protect the welfare of the juvenile witness or the victim, the 27 court shall consider the following: 02210'97 a * 19 1 (a) The age of the juvenile witness or the victim. 2 (b) The psychological maturity of the juvenile witness or 3 the victim. 4 (c) The nature of the proceeding. 5 (d) The desire of the juvenile witness or his or her family 6 or guardian or the desire of the victim to have the testimony 7 taken in a room closed to the public. 8 (8) As used in subsection (7), "juvenile witness" does not 9 include a juvenile against whom a proceeding is brought under 10 section 2(a)(1) of this chapter. 11 Sec. 17c. (1) In a proceeding under section 2(a) or (d) OF 12 THIS CHAPTER OR A PROCEEDING REGARDING A SUPPLEMENTAL PETITION 13 ALLEGING A VIOLATION OF A PERSONAL PROTECTION ORDER UNDER SECTION 14 2(H) of this chapter, the court shall advise the child that the 15 child has a right to an attorney at each stage of the 16 proceeding. 17 (2) In a proceeding under section 2(a) or (d) of this chap- 18 ter, the court shall appoint an attorney to represent the child 19 if 1 or more of the following apply: 20 (a) The child's parent refuses or fails to appear and par- 21 ticipate in the proceedings. 22 (b) The child's parent is the complainant or victim. 23 (c) The child and those responsible for his or her support 24 are financially unable to employ an attorney and the child does 25 not waive his or her right to an attorney. 02210'97 a * 20 1 (d) Those responsible for the child's support refuse or 2 neglect to employ an attorney for the child and the child does 3 not waive his or her right to an attorney. 4 (e) The court determines that the best interests of the 5 child or the public require appointment. 6 (3) Except as otherwise provided in this subsection, in a 7 proceeding under section 2(a) or (d) of this chapter, the child 8 may waive his or her right to an attorney. The waiver by a child 9 shall be made in open court, on the record, and shall not be made 10 unless the court finds on the record that the waiver was volun- 11 tarily and understandingly made. The child may not waive his or 12 her right to an attorney if the child's parent or guardian ad 13 litem objects or if the appointment is made pursuant to subsec- 14 tion (2)(e). 15 (4) In a proceeding under section 2(b) or (c) of this chap- 16 ter, the court shall advise the respondent at the respondent's 17 first court appearance of all of the following: 18 (a) The right to an attorney at each stage of the 19 proceeding. 20 (b) The right to a court-appointed attorney if the respon- 21 dent is financially unable to employ an attorney. 22 (c) If the respondent is not represented by an attorney, the 23 right to request and receive a court-appointed attorney at a 24 later proceeding. 25 (5) If it appears to the court in a proceeding under section 26 2(b) or (c) of this chapter that the respondent wants an attorney 02210'97 a * 21 1 and is financially unable to retain an attorney, the court shall 2 appoint an attorney to represent the respondent. 3 (6) Except as otherwise provided in this subsection, in a 4 proceeding under section 2(b) or (c) of this chapter, the respon- 5 dent may waive his or her right to an attorney. A respondent who 6 is a minor may not waive his or her right to an attorney if the 7 respondent's parent or guardian ad litem objects. 8 (7) In a proceeding under section 2(b) or (c) of this chap- 9 ter, the court shall appoint an attorney to represent the child. 10 The child shall not waive the assistance of an attorney. The 11 appointed attorney shall observe and, dependent upon the child's 12 age and capability, interview the child. If the child is placed 13 in foster care, the attorney shall, before representing the child 14 in each subsequent proceeding or hearing, review the agency case 15 file and consult with the foster parents and the caseworker. 16 (8) If an attorney is appointed for a party under this sec- 17 tion, the court may enter an order assessing attorney costs 18 against the party or the person responsible for the support of 19 that party. An order assessing attorney costs may be enforced 20 through contempt proceedings. 21 (9) An attorney appointed by the court under this section 22 shall serve until discharged by the court. 23 Sec. 18. (1) If the court finds that a juvenile concerning 24 whom a petition is filed is not within this chapter, the court 25 shall enter an order dismissing the petition. Except as other- 26 wise provided in subsection (10), if the court finds that a 27 juvenile is within this chapter, the court may enter any of the 02210'97 a * 22 1 following orders of disposition that are appropriate for the 2 welfare of the juvenile and society in view of the facts proven 3 and ascertained: 4 (a) Warn the juvenile or the juvenile's parents, guardian, 5 or custodian and, except as provided in subsection (7), dismiss 6 the petition. 7 (b) Place the juvenile on probation, or under supervision in 8 the juvenile's own home or in the home of an adult who is related 9 to the juvenile. As used in this subdivision, "related" means 10 being a parent, grandparent, brother, sister, stepparent, step- 11 sister, stepbrother, uncle, or aunt by marriage, blood, or 12 adoption. The court shall order the terms and conditions of pro- 13 bation or supervision, including reasonable rules for the conduct 14 of the parents, guardian, or custodian, if any, as the court 15 determines necessary for the physical, mental, or moral 16 well-being and behavior of the juvenile. 17 (c) If a juvenile is within the court's jurisdiction under 18 section 2(a) of this chapter, OR UNDER SECTION 2(H) OF THIS CHAP- 19 TER FOR A SUPPLEMENTAL PETITION, place the juvenile in a suitable 20 foster care home subject to the court's supervision. If a juve- 21 nile is within the court's jurisdiction under section 2(b) of 22 this chapter, the court shall not place a juvenile in a foster 23 care home subject to the court's supervision. 24 (d) Place the juvenile in or commit the juvenile to a pri- 25 vate institution or agency approved or licensed by the family 26 independence agency for the care of juveniles of similar age, 27 sex, and characteristics. 02210'97 a * 23 1 (e) Commit the juvenile to a public institution, county 2 facility, institution operated as an agency of the court or 3 county, or agency authorized by law to receive juveniles of simi- 4 lar age, sex, and characteristics. IF A CHILD IS OLDER THAN 17 5 YEARS OF AGE AND IS IN VIOLATION OF A PERSONAL PROTECTION ORDER, 6 THE COURT MAY COMMIT THE CHILD TO A COUNTY JAIL WITHIN THE ADULT 7 PRISONER POPULATION. In a placement under subdivision (d) or a 8 commitment under this subdivision, except to a state institution, 9 the religious affiliation of the juvenile shall be protected by 10 placement or commitment to a private child-placing or 11 child-caring agency or institution, if available. In every order 12 of commitment under this subdivision to a state institution or 13 agency described in the youth rehabilitation services act,Act14No. 150 of the Public Acts of 1974, being section1974 PA 150, 15 MCL 803.301 to 803.309,of the Michigan Compiled Laws,or in 16Act No. 220 of the Public Acts of 1935, being sections1935 17 PA 220, MCL 400.201 to 400.214,of the Michigan Compiled Laws,18 the court shall name the superintendent of the institution to 19 which the juvenile is committed as a special guardian to receive 20 benefits due the juvenile from the government of the United 21 States, and the benefits shall be used to the extent necessary to 22 pay for the portions of the cost of care in the institution that 23 the parent or parents are found unable to pay. 24 (f) Provide the juvenile with medical, dental, surgical, or 25 other health care, in a local hospital if available, or else- 26 where, maintaining as much as possible a local physician-patient 02210'97 a * 24 1 relationship, and with clothing and other incidental items as the 2 court considers necessary. 3 (g) Order the parents, guardian, custodian, or any other 4 person to refrain from continuing conduct that the court deter- 5 mines has caused or tended to cause the juvenile to come within 6 or to remain under this chapter, or that obstructs placement or 7 commitment of the juvenile pursuant to an order under this 8 section. 9 (h) Appoint a guardian under section 424 of the revised pro- 10 bate code,Act No. 642 of the Public Acts of 1978, being section11700.424 of the Michigan Compiled Laws1978 PA 642, MCL 700.424, 12 pursuant to a petition filed with the court by a person inter- 13 ested in the welfare of the juvenile. If the court appoints a 14 guardian pursuant to this subdivision, it may enter an order dis- 15 missing the petition under this chapter. 16 (i) Order the juvenile to engage in community service. 17 (j) If the court finds that a juvenile has violated a munic- 18 ipal ordinance or a state or federal law, order the juvenile to 19 pay a civil fine in the amount of the civil or penal fine pro- 20 vided by the ordinance or law. Money collected from fines levied 21 under this subsection shall be distributed as provided in section 22 29 of this chapter. 23 (k) Order the juvenile to pay court costs. Money collected 24 from costs ordered under this subsection shall be distributed as 25 provided in section 29 of this chapter. 26 (l) If a juvenile is within the court's jurisdiction under 27 section 2(a)(1) of this chapter, order the juvenile's parent or 02210'97 a * 25 1 guardian to personally participate in treatment reasonably 2 available in the parent's or guardian's location. 3 (m) If a juvenile is within the court's jurisdiction under 4 section 2(a)(1) of this chapter, place the juvenile in and order 5 the juvenile to complete satisfactorily a program of training in 6 a juvenile boot camp established by the family independence 7 agency under the juvenile boot camp act as provided in that act. 8 Upon receiving a report of satisfactory completion of the program 9 from the family independence agency, the court shall authorize 10 the juvenile's release from placement in the juvenile boot camp. 11 Following satisfactory completion of the juvenile boot camp pro- 12 gram, the juvenile shall complete an additional period of not 13 less than 120 days or more than 180 days of intensive supervised 14 community reintegration in the juvenile's local community. To 15 place a juvenile in a juvenile boot camp program, the court shall 16 determine all of the following: 17 (i) Placement in a juvenile boot camp will benefit the 18 juvenile. 19 (ii) The juvenile is physically able to participate in the 20 program. 21 (iii) The juvenile does not appear to have any mental handi- 22 cap that would prevent participation in the program. 23 (iv) The juvenile will not be a danger to other juveniles in 24 the boot camp. 25 (v) There is an opening in a juvenile boot camp program. 26 (n) If the court entered a judgment of conviction under 27 section 2d of this chapter, enter any disposition under this 02210'97 a * 26 1 section or, if the court determines that the best interests of 2 the public would be served, impose any sentence upon the juvenile 3 that could be imposed upon an adult convicted of the offense for 4 which the juvenile was convicted. If the juvenile is convicted 5 of a violation or conspiracy to commit a violation of section 6 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code,Act7No. 368 of the Public Acts of 1978, being sections1978 PA 368, 8 MCL 333.7401 and 333.7403,of the Michigan Compiled Laws,the 9 court may impose the alternative sentence permitted under those 10 sections if the court determines that the best interests of the 11 public would be served. The court may delay imposing a sentence 12 of imprisonment under this subdivision for a period not longer 13 than the period during which the court has jurisdiction over the 14 juvenile under this chapter by entering an order of disposition 15 delaying imposition of sentence and placing the juvenile on pro- 16 bation upon the terms and conditions it considers appropriate, 17 including any disposition under this section. If the court 18 delays imposing sentence under this section, section 18i of this 19 chapter applies. If the court imposes sentence, it shall enter a 20 judgment of sentence. If the court imposes a sentence of impris- 21 onment, the juvenile shall receive credit against the sentence 22 for time served before sentencing. In determining whether to 23 enter an order of disposition or impose a sentence under this 24 subdivision, the court shall consider all of the following fac- 25 tors, giving greater weight to the seriousness of the offense and 26 the juvenile's prior record: 02210'97 a * 27 1 (i) The seriousness of the offense in terms of community 2 protection, including, but not limited to, the existence of any 3 aggravating factors recognized by the sentencing guidelines, the 4 use of a firearm or other dangerous weapon, and the impact on any 5 victim. 6 (ii) The culpability of the juvenile in committing the 7 offense, including, but not limited to, the level of the 8 juvenile's participation in planning and carrying out the offense 9 and the existence of any aggravating or mitigating factors recog- 10 nized by the sentencing guidelines. 11 (iii) The juvenile's prior record of delinquency including, 12 but not limited to, any record of detention, any police record, 13 any school record, or any other evidence indicating prior delin- 14 quent behavior. 15 (iv) The juvenile's programming history, including, but not 16 limited to, the juvenile's past willingness to participate mean- 17 ingfully in available programming. 18 (v) The adequacy of the punishment or programming available 19 in the juvenile justice system. 20 (vi) The dispositional options available for the juvenile. 21 (2) An order of disposition placing a juvenile in or commit- 22 ting a juvenile to care outside of the juvenile's own home and 23 under state or court supervision shall contain a provision for 24 reimbursement by the juvenile, parent, guardian, or custodian to 25 the court for the cost of care or service. The order shall be 26 reasonable, taking into account both the income and resources of 27 the juvenile, parent, guardian, or custodian. The amount may be 02210'97 a * 28 1 based upon the guidelines and model schedule created under 2 subsection (6). If the juvenile is receiving an adoption support 3 subsidy pursuant to section 115j(4) of the social welfare act, 4Act No. 280 of the Public Acts of 1939, being section 400.115j5of the Michigan Compiled Laws1939 PA 280, MCL 400.115J, the 6 amount shall not exceed the amount of the support subsidy. The 7 reimbursement provision applies during the entire period the 8 juvenile remains in care outside of the juvenile's own home and 9 under state or court supervision, unless the juvenile is in the 10 permanent custody of the court. The court shall provide for the 11 collection of all amounts ordered to be reimbursed, and the money 12 collected shall be accounted for and reported to the county board 13 of commissioners. Collections to cover delinquent accounts or to 14 pay the balance due on reimbursement orders may be made after a 15 juvenile is released or discharged from care outside the 16 juvenile's own home and under state or court supervision. 17 Twenty-five percent of all amounts collected pursuant to an order 18 entered under this subsection shall be credited to the appropri- 19 ate fund of the county to offset the administrative cost of 20 collections. The balance of all amounts collected pursuant to an 21 order entered under this subsection shall be divided in the same 22 ratio in which the county, state, and federal government partici- 23 pate in the cost of care outside the juvenile's own home and 24 under state or court supervision. The court may also collect 25 benefits paid for the cost of care of a court ward from the gov- 26 ernment of the United States. Money collected for juveniles 27 placed with or committed to the family independence agency shall 02210'97 a * 29 1 be accounted for and reported on an individual juvenile basis. 2 In cases of delinquent accounts, the court may also enter an 3 order to intercept state or federal tax refunds of a juvenile, 4 parent, guardian, or custodian and initiate the necessary offset 5 proceedings in order to recover the cost of care or service. The 6 court shall send to the person who is the subject of the inter- 7 cept order advance written notice of the proposed offset. The 8 notice shall include notice of the opportunity to contest the 9 offset on the grounds that the intercept is not proper because of 10 a mistake of fact concerning the amount of the delinquency or the 11 identity of the person subject to the order. The court shall 12 provide for the prompt reimbursement of an amount withheld in 13 error or an amount found to exceed the delinquent amount. 14 (3) An order of disposition placing a juvenile in the 15 juvenile's own home under subsection (1)(b) may contain a provi- 16 sion for reimbursement by the juvenile, parent, guardian, or cus- 17 todian to the court for the cost of service. If an order is 18 entered under this subsection, an amount due shall be determined 19 and treated in the same manner provided for an order entered 20 under subsection (2). 21 (4) An order directed to a parent or a person other than the 22 juvenile is not effective and binding on the parent or other 23 person unless opportunity for hearing is given pursuant to issu- 24 ance of summons or notice as provided in sections 12 and 13 of 25 this chapter, and until a copy of the order, bearing the seal of 26 the court, is served on the parent or other person as provided in 27 section 13 of this chapter. 02210'97 a * 30 1 (5) If the court appoints an attorney to represent a 2 juvenile, parent, guardian, or custodian, the court may require 3 in an order entered under this section that the juvenile, parent, 4 guardian, or custodian reimburse the court for attorney fees. 5 (6) The office of the state court administrator, under the 6 supervision and direction of the supreme court and in consulta- 7 tion with the family independence agency and the Michigan probate 8 judges association, shall create guidelines and a model schedule 9 that may be used by the court in determining the ability of the 10 juvenile, parent, guardian, or custodian to pay for care and any 11 costs of service ordered under subsection (2) or (3). The guide- 12 lines and model schedule shall take into account both the income 13 and resources of the juvenile, parent, guardian, or custodian. 14 (7) If the court finds that a juvenile comes under section 15 30 of this chapter, the court shall order the juvenile or the 16 juvenile's parent to pay restitution as provided in sections 30 17 and 31 of this chapter and in sections 44 and 45 of the crime 18 victim's rights act,Act No. 87 of the Public Acts of 1985,19being sections 780.794 and 780.795 of the Michigan Compiled Laws20 1985 PA 87, MCL 780.794 AND 780.795. 21 (8) If the court imposes restitution as a condition of pro- 22 bation, the court shall require the juvenile to do either of the 23 following as an additional condition of probation: 24 (a) Engage in community service or, with the victim's con- 25 sent, perform services for the victim. 26 (b) Seek and maintain paid employment and pay restitution to 27 the victim from the earnings of that employment. 02210'97 a * 31 1 (9) If the court finds that the juvenile is in intentional 2 default of the payment of restitution, a court may, as provided 3 in section 31 of this chapter, revoke or alter the terms and con- 4 ditions of probation for nonpayment of restitution. If a juve- 5 nile who is ordered to engage in community service intentionally 6 refuses to perform the required community service, the court may 7 revoke or alter the terms and conditions of probation. 8 (10) For the purposes of this subsection and 9 subsection (11), "juvenile offense" means that term as defined in 10 section 1a ofAct No. 289 of the Public Acts of 1925, being sec-11tion 28.241a of the Michigan Compiled Laws1925 PA 289, 12 MCL 28.241A. The court shall not enter an order of disposition 13 for a juvenile offense until the court has examined the court 14 file and has determined that the juvenile's fingerprints have 15 been taken as required by section 3 ofAct No. 289 of the Public16Acts of 1925, being section 28.243 of the Michigan Compiled Laws17 1925 PA 289, MCL 28.243. If a juvenile has not had his or her 18 fingerprints taken, the court shall do either of the following: 19 (a) Order the juvenile to submit himself or herself to the 20 police agency that arrested or obtained the warrant for the 21 arrest of the juvenile so the juvenile's fingerprints can be 22 taken. 23 (b) Order the juvenile committed to the custody of the sher- 24 iff for the taking of the juvenile's fingerprints. 25 (11) Upon disposition or dismissal of a juvenile offense, 26 the clerk of the court entering the disposition or dismissal 27 shall immediately advise the department of state police of the 02210'97 a * 32 1 disposition or dismissal on forms approved by the state court 2 administrator. The report to the department of state police 3 shall include information as to the finding of the judge or jury 4 and a summary of the disposition imposed. 5 (12) If the court enters an order of disposition based on an 6 act that is a juvenile offense as defined in section 1 ofAct7No. 196 of the Public Acts of 1989, being section 780.901 of the8Michigan Compiled Laws1989 PA 196, MCL 780.901, the court shall 9 order the juvenile to pay the assessment as provided in that 10 act. If the court enters a judgment of conviction under 11 section 2d of this chapter for an offense that is a felony, seri- 12 ous misdemeanor, or specified misdemeanor as defined in section 1 13 ofAct No. 196 of the Public Acts of 19891989 PA 196, 14 MCL 780.901, the court shall order the juvenile to pay the 15 assessment as provided in that act. 16 (13) If the court has entered an order of disposition for a 17 listed offense as defined in section 2 of the sex offenders reg- 18 istration act,Act No. 295 of the Public Acts of 1994, being19section 28.722 of the Michigan Compiled Laws1994 PA 295, 20 MCL 28.722, the court or the family independence agency shall 21 register the juvenile or accept the juvenile's registration as 22 provided in the sex offenders registration act,Act No. 295 of23the Public Acts of 1994, being sections 28.721 to 28.732 of the24Michigan Compiled Laws1994 PA 295, MCL 28.721 TO 28.732. 25 (14) If the court enters an order of disposition placing a 26 juvenile in a juvenile boot camp program and the court receives 27 from the family independence agency a report that the juvenile 02210'97 a * 33 1 has failed to perform satisfactorily in the program or a report 2 that the juvenile does not meet the program's requirements or is 3 medically unable to participate in the program for more than 25 4 days or a report that there is not an opening in a juvenile boot 5 camp program, the court shall release the juvenile from placement 6 in the juvenile boot camp and enter an alternative order of 7 disposition. A juvenile shall not be placed in a juvenile boot 8 camp pursuant to an order of disposition more than once, except 9 that a juvenile returned to the court for a medical condition or 10 because there was not an opening in a juvenile boot camp program 11 may be placed again in the juvenile boot camp program after the 12 medical condition is corrected or an opening becomes available in 13 a juvenile boot camp program. 14 (15) The court shall not impose a sentence of imprisonment 15 in the county jail under subsection (1)(n) unless the present 16 county jail facility for the imprisonment of the juvenile would 17 meet all requirements under federal law and regulations for hous- 18 ing juveniles, and the court shall not impose the sentence until 19 it consults with the sheriff to determine when the sentence will 20 begin to ensure that space will be available for the juvenile. 21 (16) IN A PROCEEDING UNDER SECTION 2(H) OF THIS CHAPTER, 22 THIS SECTION SHALL ONLY APPLY TO A DISPOSITION FOR A VIOLATION OF 23 A PERSONAL PROTECTION ORDER AND SUBSEQUENT PROCEEDINGS. 24 Sec. 26. The court shall have the power to punish for con- 25 tempt of courtin accordance with the provisions ofUNDER chap- 26 ter517 ofAct No. 314 of the Public Acts of 1915, "The27Judicature Act of 1915," as amended,THE REVISED JUDICATURE ACT 02210'97 a * 34 1 OF 1961, 1961 PA 236, MCL 600.1701 TO 600.1745, any person who 2wilfullyWILLFULLY violates, neglects, or refuses to obey and 3 perform any order or processsaidTHE court has made or issued 4in the enforcement of the provisions ofTO ENFORCE this 5 chapter. 6 Enacting section 1. This amendatory act does not take 7 effect unless all of the following bills of the 89th Legislature 8 are enacted into law: 9 (a) Senate Bill No. _____ or House Bill No. _____ (request 10 no. 02210'97 **). 11 (b) Senate Bill No. _____ or House Bill No. _____ (request 12 no. 02210'97 b *). 13 (c) Senate Bill No. _____ or House Bill No. _____ (request 14 no. 02211'97 **). 02210'97 a * Final page. TLG