September 5, 2006, Introduced by Reps. Baxter, Schuitmaker, Casperson, Emmons, Moore, Shaffer, Elsenheimer and Farhat and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 1, 2, and 14 of chapter XIIA (MCL 712A.1,
712A.2, and 712A.14), as amended by 2001 PA 211.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 1. (1) As used in this chapter:
(a) "Civil infraction" means that term as defined in section
113 of the revised judicature act of 1961, 1961 PA 236, MCL
600.113.
(b) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(c) "Court" means the family division of circuit court.
(d) "Foreign protection order" means that term as defined in
section 2950h of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950h.
(e) "MCI" means the Michigan children's institute created and
established by 1935 PA 220, MCL 400.201 to 400.214.
(f) "Personal protection order" means a personal protection
order
issued under section 2950, or 2950a,
or 2976 of the revised
judicature
act of 1961, 1961 PA 236, MCL 600.2950,
and 600.2950a,
and includes
600.2976, or a valid foreign protection order.
(g) "Valid foreign protection order" means a foreign
protection order that satisfies the conditions for validity
provided in section 2950i of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950i.
(2) Except as otherwise provided, proceedings under this
chapter are not criminal proceedings.
(3) This chapter shall be liberally construed so that each
juvenile coming within the court's jurisdiction receives the care,
guidance, and control, preferably in his or her own home, conducive
to the juvenile's welfare and the best interest of the state. If a
juvenile is removed from the control of his or her parents, the
juvenile shall be placed in care as nearly as possible equivalent
to the care that should have been given to the juvenile by his or
her parents.
Sec. 2. The court has the following authority and
jurisdiction:
(a) Exclusive original jurisdiction superior to and regardless
of the jurisdiction of another court in proceedings concerning a
juvenile under 17 years of age who is found within the county if 1
or more of the following applies:
(1) Except as otherwise provided in this sub-subdivision, the
juvenile has violated any municipal ordinance or law of the state
or of the United States. If the court enters into an agreement
under section 2e of this chapter, the court has jurisdiction over a
juvenile who committed a civil infraction as provided in that
section. The court has jurisdiction over a juvenile 14 years of age
or older who is charged with a specified juvenile violation only if
the prosecuting attorney files a petition in the court instead of
authorizing a complaint and warrant. As used in this sub-
subdivision, "specified juvenile violation" means 1 or more of the
following:
(A) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,
520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,
MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,
750.349, 750.520b, 750.529, 750.529a, and 750.531.
(B) A violation of section 84 or 110a(2) of the Michigan penal
code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is
armed with a dangerous weapon. As used in this paragraph,
"dangerous weapon" means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or
inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack,
club, or other object specifically designed or customarily carried
or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury
when used as a weapon and that is used as a weapon or carried or
possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner
to lead a person to believe the object or device is an object or
device described in subparagraphs (i) to (iii).
(C) A violation of section 186a of the Michigan penal code,
1931 PA 328, MCL 750.186a, regarding escape or attempted escape
from a juvenile facility, but only if the juvenile facility from
which the individual escaped or attempted to escape was 1 of the
following:
(i) A high-security or medium-security facility operated by the
family independence agency or a county juvenile agency.
(ii) A high-security facility operated by a private agency
under contract with the family independence agency or a county
juvenile agency.
(D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of
the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.
(E) An attempt to commit a violation described in paragraphs
(A) to (D).
(F) Conspiracy to commit a violation described in paragraphs
(A) to (D).
(G) Solicitation to commit a violation described in paragraphs
(A) to (D).
(H) A lesser included offense of a violation described in
paragraphs (A) to (G) if the individual is charged with a violation
described in paragraphs (A) to (G).
(I) Another violation arising out of the same transaction as a
violation described in paragraphs (A) to (G) if the individual is
charged with a violation described in paragraphs (A) to (G).
(2) The juvenile has deserted his or her home without
sufficient cause, and the court finds on the record that the
juvenile has been placed or refused alternative placement or the
juvenile and the juvenile's parent, guardian, or custodian have
exhausted or refused family counseling.
(3) The juvenile is repeatedly disobedient to the reasonable
and lawful commands of his or her parents, guardian, or custodian,
and the court finds on the record by clear and convincing evidence
that court-accessed services are necessary.
(4) The juvenile willfully and repeatedly absents himself or
herself
from school or other another
learning program intended to
meet the juvenile's educational needs, or repeatedly violates rules
and regulations of the school or other learning program, and the
court finds on the record that the juvenile, the juvenile's parent,
guardian, or custodian, and school officials or learning program
personnel have met on the juvenile's educational problems and
educational counseling and alternative agency help have been
sought. As used in this sub-subdivision only, "learning program"
means an organized educational program that is appropriate, given
the age, intelligence, ability, and psychological limitations of a
juvenile, in the subject areas of reading, spelling, mathematics,
science, history, civics, writing, and English grammar.
(b) Jurisdiction in proceedings concerning a juvenile under 18
years of age found within the county:
(1) Whose parent or other person legally responsible for the
care and maintenance of the juvenile, when able to do so, neglects
or refuses to provide proper or necessary support, education,
medical, surgical, or other care necessary for his or her health or
morals, who is subject to a substantial risk of harm to his or her
mental well-being, who is abandoned by his or her parents,
guardian, or other custodian, or who is without proper custody or
guardianship. As used in this sub-subdivision:
(A) "Education" means learning based on an organized
educational program that is appropriate, given the age,
intelligence, ability, and psychological limitations of a juvenile,
in the subject areas of reading, spelling, mathematics, science,
history, civics, writing, and English grammar.
(B) "Without proper custody or guardianship" does not mean a
parent has placed the juvenile with another person who is legally
responsible for the care and maintenance of the juvenile and who is
able to and does provide the juvenile with proper care and
maintenance.
(2) Whose home or environment, by reason of neglect, cruelty,
drunkenness, criminality, or depravity on the part of a parent,
guardian, nonparent adult, or other custodian, is an unfit place
for the juvenile to live in.
(3) Whose parent has substantially failed, without good cause,
to comply with a limited guardianship placement plan described in
section 5205 of the estates and protected individuals code, 1998 PA
386, MCL 700.5205, regarding the juvenile.
(4) Whose parent has substantially failed, without good cause,
to comply with a court-structured plan described in section 5207 or
5209 of the estates and protected individuals code, 1998 PA 386,
MCL 700.5207 and 700.5209, regarding the juvenile.
(5) If the juvenile has a guardian under the estates and
protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102,
and the juvenile's parent meets both of the following criteria:
(A) The parent, having the ability to support or assist in
supporting the juvenile, has failed or neglected, without good
cause, to provide regular and substantial support for the juvenile
for 2 years or more before the filing of the petition or, if a
support order has been entered, has failed to substantially comply
with the order for 2 years or more before the filing of the
petition.
(B) The parent, having the ability to visit, contact, or
communicate with the juvenile, has regularly and substantially
failed or neglected, without good cause, to do so for 2 years or
more before the filing of the petition.
If a petition is filed in the court alleging that a juvenile
is
within the provisions of jurisdiction of the court under
subdivision (b)(1),
(2), (3), (4), or (5) (b) and the custody of
that juvenile is subject to the prior or continuing order of
another court of record of this state, the manner of notice to the
other court of record and the authority of the court to proceed is
governed by rule of the supreme court.
(c) Jurisdiction over juveniles under 18 years of age,
jurisdiction of whom has been waived to the family division of
circuit court by a circuit court under a provision in a temporary
order for custody of juveniles based upon a complaint for divorce
or upon a motion related to a complaint for divorce by the
prosecuting attorney, in a divorce judgment dissolving a marriage
between the juvenile's parents, or by an amended judgment relative
to the juvenile's custody in a divorce.
(d) If the court finds on the record that voluntary services
have been exhausted or refused, concurrent jurisdiction in
proceedings concerning a juvenile between the ages of 17 and 18
found within the county who is 1 or more of the following:
(1) Repeatedly addicted to the use of drugs or the intemperate
use of alcoholic liquors.
(2) Repeatedly associating with criminal, dissolute, or
disorderly persons.
(3) Found of his or her own free will and knowledge in a house
of prostitution, assignation, or ill-fame.
(4) Repeatedly associating with thieves, prostitutes, pimps,
or procurers.
(5) Willfully disobedient to the reasonable and lawful
commands of his or her parents, guardian, or other custodian and in
danger of becoming morally depraved.
If a juvenile is brought before the court in a county other
than that in which the juvenile resides, before a hearing and with
the consent of the judge of the court in the county of residence,
the court may enter an order transferring jurisdiction of the
matter to the court of the county of residence. Consent to transfer
jurisdiction is not required if the county of residence is a county
juvenile agency and satisfactory proof of residence is furnished to
the court of the county of residence. The order does not constitute
a legal settlement in this state that is required for the purpose
of section 55 of the social welfare act, 1939 PA 280, MCL 400.55.
The order and a certified copy of the proceedings in the
transferring court shall be delivered to the court of the county of
residence. A case designated as a case in which the juvenile shall
be tried in the same manner as an adult under section 2d of this
chapter may be transferred for venue or for juvenile disposition,
but shall not be transferred on grounds of residency. If the case
is not transferred, the court having jurisdiction of the offense
shall try the case.
(e) Authority to establish or assist in developing a program
or programs within the county to prevent delinquency and provide
services to act upon reports submitted to the court related to the
behavior of a juvenile who does not require formal court
jurisdiction but otherwise falls within subdivision (a). These
services shall be used only if the juvenile and his or her parents,
guardian, or custodian voluntarily accepts them.
(f) If the court operates a detention home for juveniles
within the court's jurisdiction under subdivision (a)(1), authority
to place a juvenile within that home pending trial if the juvenile
is within the circuit court's jurisdiction under section 606 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.606, and if
the circuit court orders the family division of circuit court in
the same county to place the juvenile in that home. The family
division of circuit court shall comply with that order.
(g) Authority to place a juvenile in a county jail under
section 27a of chapter IV of the code of criminal procedure, 1927
PA 175, MCL 764.27a, if the court designates the case under section
2d of this chapter as a case in which the juvenile is to be tried
in the same manner as an adult and the court determines there is
probable cause to believe that the offense was committed and
probable cause to believe the juvenile committed that offense.
(h)
Jurisdiction over a proceeding under section 2950, or
2950a, or 2976 of the revised judicature act of 1961, 1961 PA 236,
MCL
600.2950, and 600.2950a,
and 600.2976, in which a minor less
than 18 years of age is the respondent, or a proceeding to enforce
a valid foreign protection order issued against a respondent who is
a minor less than 18 years of age. A personal protection order
shall not be issued against a respondent who is a minor less than
10 years of age. Venue for an initial action under section 2950 or
2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950 and 600.2950a, is proper in the county of residence of
either the petitioner or respondent. If the respondent does not
live in this state, venue for the initial action is proper in the
petitioner's county of residence.
Sec. 14. (1) Any local police officer, sheriff or deputy
sheriff, state police officer, county agent, or probation officer
of any court of record may, without the order of the court,
immediately take into custody any child who is found violating any
law
or ordinance, or whose surroundings are such as to endanger
his
or her health, morals, or welfare,
or for as to whom
there is
reasonable cause to believe that he or she is violating or has
violated a personal protection order issued pursuant to section
2(h)
by the court under section 2950, or 2950a,
or 2976 of the
revised
judicature act of 1961, 1961 PA 236, MCL 600.2950, and
600.2950a, or
for and 600.2976, or as to whom there is reasonable
cause to believe that he or she is violating or has violated a
valid foreign protection order. If such an officer or county agent
takes a child coming within the provisions of this chapter into
custody, he or she shall immediately attempt to notify the parent
or parents, guardian, or custodian. While awaiting the arrival of
the parent or parents, guardian, or custodian, a child under the
age of 17 years taken into custody under the provisions of this
chapter shall not be held in any detention facility unless the
child is completely isolated so as to prevent any verbal, visual,
or physical contact with any adult prisoner. Unless the child
requires immediate detention as provided for in this act, the
officer shall accept the written promise of the parent or parents,
guardian,
or custodian, to bring the child to the court at a time
fixed
therein stated in the
written promise. The child shall then
be released to the custody of the parent or parents, guardian, or
custodian.
(2) If a child is not released under subsection (1), the child
and his or her parents, guardian, or custodian, if they can be
located, shall immediately be brought before the court for a
preliminary hearing on the status of the child, and an order signed
by a judge of probate or a referee authorizing the filing of a
complaint shall be entered or the child shall be released to his or
her parent or parents, guardian, or custodian.
(3) If a complaint is authorized under subsection (2), the
order shall state where the child is to be placed, pending
investigation and hearing, which placement may be in any of the
following:
(a) In
the The home of the child's parent, guardian, or
custodian.
(b)
If a the
child is within the court's
jurisdiction under
section
2(a) of this chapter, in a suitable foster care home
subject
to the court's supervision. Except as otherwise provided
in
subsections (4) and (5), if If
a child is within the court's
jurisdiction under section 2(b) of this chapter, the court shall
not place a child in a foster care home subject to the court's
supervision.
(c) In
a A child care institution or child placing agency
licensed by the state department of social services to receive for
care children within the jurisdiction of the court.
(d) In
a A suitable place of detention.
(4)
Except as otherwise provided in subsection (5), if a court
is
providing at the time of the enactment of this subsection foster
care
home services subject to the court's supervision to children
within
section 2(b) of this chapter, the court may continue to
provide
those services through December 31, 1989. Beginning January
1,
1990, the court shall discontinue providing those services.
(5)
If a court located in a county with a population in excess
of
650,000 is providing at the time of the enactment of this
subsection
foster care home services subject to the court's
supervision
to children within section 2(b) of this chapter, the
court
may continue to provide those services through December 31,
1991.
Beginning January 1, 1992, the court shall discontinue those
services.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6403(request no.
06887'06) of the 93rd Legislature is enacted into law.