HOUSE BILL No. 6082 September 16, 1998, Introduced by Reps. Scott and LaForge and referred to the Committee on Human Services and Children. A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to cer- tain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of cir- cuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family divi- sion of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 17 of chapter XIIA (MCL 712A.17), as amended by 1997 PA 169. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 05261'97 a * LTB 2 1 CHAPTER XIIA 2 Sec. 17. (1) The court may conduct a hearing other than a 3 criminal hearing in an informal manner. The court shall require 4 stenographic notes or another transcript to be taken of the 5 hearing. The court shall adjourn a hearing or grant a continu- 6 ance regarding a case under section 2(b) of this chapter only for 7 good cause with factual findings on the record and not solely 8 upon stipulation of counsel or for the convenience of a party. 9 In addition to a factual finding of good cause, the court shall 10 not adjourn the hearing or grant a continuance unless 1 of the 11 following is also true: 12 (a) The motion for the adjournment or continuance is made in 13 writing not less than 14 days before the hearing. 14 (b) The court grants the adjournment or continuance upon its 15 own motion after taking into consideration the child's best 16 interests. An adjournment or continuance granted under this sub- 17 division shall not last more than 28 days unless the court states 18 on the record the specific reasons why a longer adjournment or 19 continuance is necessary. 20 (2) In a hearing other than a criminal trial under this 21 chapter, any person interested in the hearing may demand a jury 22 of 6 individuals,or the court, on its own motion, may order a 23 jury of 6 individuals to try the case. In a criminal trial, a 24 jury may be demanded as provided by law. The jury shall be sum- 25 moned and impaneled in accordance with chapter 13 of the revised 26 judicature act of 1961, 1961 PA 236, MCL 600.1300 to 600.1376, 27 and, in the case of a criminal trial, as provided in chapter VIII 05261'97 a * 3 1 of the code of criminal procedure, 1927 PA 175, MCL 768.1 to 2 768.36. 3 (3) A parent, guardian, or other custodian of a juvenile 4 held under this chapter has the right to give bond or other 5 security for the appearance of the juvenile at the hearing of the 6 case. 7 (4) The prosecuting attorney shall appear for the people 8 when requested by the court, and in a proceeding under section 9 2(a)(1) of this chapter, the prosecuting attorney shall appear if 10 the proceeding requires a hearing and the taking of testimony. 11 (5) In a proceeding under section 2(b) of this chapter, upon 12 request of the family independence agency or an agent of the 13 family independence agency under contract with the family inde- 14 pendence agency, the prosecuting attorney shall serve as a legal 15 consultant to the family independence agency or its agent at all 16 stages of the proceeding. If in a proceeding under section 2(b) 17 of this chapter the prosecuting attorney does not appear on 18 behalf of the family independence agency or its agent, the family 19 independence agencymaySHALL contract with an attorney of its 20 choice for legal representation. 21 (6) A member of a local foster care review board established 22 under 1984 PA 422, MCL 722.131 to 722.139a, shall be admitted to 23 a hearing under subsection (1). 24 (7) Upon motion of any party or a victim, the court may 25 close the hearing of a case brought under this chapter to members 26 of the general public during the testimony of a juvenile witness 27 or the victim if the court finds that closing the hearing is 05261'97 a * 4 1 necessary to protect the welfare of the juvenile witness or the 2 victim. In determining whether closing the hearing is necessary 3 to protect the welfare of the juvenile witness or the victim, the 4 court shall consider the following: 5 (a) The age of the juvenile witness or the victim. 6 (b) The psychological maturity of the juvenile witness or 7 the victim. 8 (c) The nature of the proceeding. 9 (d) The desire of the juvenile witness or his or her family 10 or guardian or the desire of the victim to have the testimony 11 taken in a room closed to the public. 12 (8) As used in subsection (7), "juvenile witness" does not 13 include a juvenile against whom a proceeding is brought under 14 section 2(a)(1) of this chapter. 05261'97 a * Final page. LTB