April 12, 2005, Introduced by Senator BASHAM and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 18 of chapter XIIA (MCL 712A.18), as amended by
2004 PA 475.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 18. (1) If the court finds that a juvenile concerning
whom a petition is filed is not within this chapter, the court
shall enter an order dismissing the petition. Except as otherwise
provided in subsection (10), if the court finds that a juvenile is
within this chapter, the court may enter any of the following
orders of disposition that are appropriate for the welfare of the
juvenile and society in view of the facts proven and ascertained:
(a) Warn the juvenile or the juvenile's parents, guardian, or
custodian and, except as provided in subsection (7), dismiss the
petition.
(b) Place the juvenile on probation, or under supervision in
the juvenile's own home or in the home of an adult who is related
to the juvenile. As used in this subdivision, "related" means an
individual who is at least 18 years of age and related to the child
by blood, marriage, or adoption, as grandparent, great-grandparent,
great-great-grandparent, aunt or uncle, great-aunt or great-uncle,
great-great-aunt or great-great-uncle, sibling, stepsibling, nephew
or niece, first cousin or first cousin once removed, and the spouse
of any of the above, even after the marriage has ended by death or
divorce. A child may be placed with the parent of a man whom the
court has found probable cause to believe is the putative father if
there is no man with legally established rights to the child. This
placement of the child with the parent of a man whom the court has
found probable cause to believe is the putative father is for the
purposes of placement only and is not to be construed as a finding
of paternity or to confer legal standing. The court shall order the
terms and conditions of probation or supervision, including
reasonable rules for the conduct of the parents, guardian, or
custodian, if any, as the court determines necessary for the
physical, mental, or moral well-being and behavior of the juvenile.
The court may order that the juvenile participate in a juvenile
drug treatment court under chapter 10A of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. The court also
shall order, as a condition of probation or supervision, that the
juvenile shall pay the minimum state cost prescribed by section 18m
of this chapter.
(c) If a juvenile is within the court's jurisdiction under
section 2(a) of this chapter, or under section 2(h) of this chapter
for a supplemental petition, place the juvenile in a suitable
foster care home subject to the court's supervision. If a juvenile
is within the court's jurisdiction under section 2(b) of this
chapter, the court shall not place a juvenile in a foster care home
subject to the court's supervision.
(d) Except as otherwise provided in this subdivision, place
the juvenile in or commit the juvenile to a private institution or
agency
approved or licensed by the department of consumer and
industry
services labor and economic
growth for the care of
juveniles of similar age, sex, and characteristics. If the juvenile
is not a ward of the court, the court shall commit the juvenile to
the family independence agency or, if the county is a county
juvenile agency, to that county juvenile agency for placement in or
commitment to such an institution or agency as the family
independence agency or county juvenile agency determines is most
appropriate, subject to any initial level of placement the court
designates.
(e) Except as otherwise provided in this subdivision, commit
the juvenile to a public institution, county facility, institution
operated as an agency of the court or county, or agency authorized
by law to receive juveniles of similar age, sex, and
characteristics. If the juvenile is not a ward of the court, the
court shall commit the juvenile to the family independence agency
or, if the county is a county juvenile agency, to that county
juvenile agency for placement in or commitment to such an
institution or facility as the family independence agency or county
juvenile agency determines is most appropriate, subject to any
initial level of placement the court designates. If a child is not
less than 17 years of age and is in violation of a personal
protection order, the court may commit the child to a county jail
within the adult prisoner population. In a placement under
subdivision (d) or a commitment under this subdivision, except to a
state institution or a county juvenile agency institution, the
juvenile's religious affiliation shall be protected by placement or
commitment to a private child-placing or child-caring agency or
institution, if available. Except for commitment to the family
independence agency or a county juvenile agency, an order of
commitment under this subdivision to a state institution or agency
described in the youth rehabilitation services act, 1974 PA 150,
MCL 803.301 to 803.309, or in 1935 PA 220, MCL 400.201 to 400.214,
the court shall name the superintendent of the institution to which
the juvenile is committed as a special guardian to receive benefits
due the juvenile from the government of the United States. An order
of commitment under this subdivision to the family independence
agency or a county juvenile agency shall name that agency as a
special guardian to receive those benefits. The benefits received
by the special guardian shall be used to the extent necessary to
pay for the portions of the cost of care in the institution or
facility that the parent or parents are found unable to pay.
(f) Provide the juvenile with medical, dental, surgical, or
other health care, in a local hospital if available, or elsewhere,
maintaining as much as possible a local physician-patient
relationship, and with clothing and other incidental items the
court determines are necessary.
(g) Order the parents, guardian, custodian, or any other
person to refrain from continuing conduct that the court determines
has caused or tended to cause the juvenile to come within or to
remain under this chapter or that obstructs placement or commitment
of the juvenile by an order under this section.
(h) Appoint a guardian under section 5204 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5204, in response
to a petition filed with the court by a person interested in the
juvenile's welfare. If the court appoints a guardian as authorized
by this subdivision, it may dismiss the petition under this
chapter.
(i) Order the juvenile to engage in community service.
(j) If the court finds that a juvenile has violated a
municipal ordinance or a state or federal law, order the juvenile
to pay a civil fine in the amount of the civil or penal fine
provided by the ordinance or law. Money collected from fines levied
under this subsection shall be distributed as provided in section
29 of this chapter.
(k) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, order the juvenile's parent or
guardian to personally participate in treatment reasonably
available in the parent's or guardian's location.
(l) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, place the juvenile in and order
the juvenile to complete satisfactorily a program of training in a
juvenile boot camp established by the family independence agency
under the juvenile boot camp act, 1996 PA 263, MCL 400.1301 to
400.1309, as provided in that act. If the county is a county
juvenile agency, however, the court shall commit the juvenile to
that county juvenile agency for placement in the program under that
act. Upon receiving a report of satisfactory completion of the
program from the family independence agency, the court shall
authorize the juvenile's release from placement in the juvenile
boot camp. Following satisfactory completion of the juvenile boot
camp program, the juvenile shall complete an additional period of
not less than 120 days or more than 180 days of intensive
supervised community reintegration in the juvenile's local
community. To place or commit a juvenile under this subdivision,
the court shall determine all of the following:
(i) Placement in a juvenile boot camp will benefit the
juvenile.
(ii) The juvenile is physically able to participate in the
program.
(iii) The juvenile does not appear to have any mental handicap
that would prevent participation in the program.
(iv) The juvenile will not be a danger to other juveniles in
the boot camp.
(v) There is an opening in a juvenile boot camp program.
(vi) If the court must commit the juvenile to a county juvenile
agency, the county juvenile agency is able to place the juvenile in
a juvenile boot camp program.
(m) If
Except as otherwise provided
in subdivision (n), if
the court entered a judgment of conviction under section 2d of this
chapter, enter any disposition under this section or, if the court
determines that the best interests of the public would be served,
impose any sentence upon the juvenile that could be imposed upon an
adult convicted of the offense for which the juvenile was
convicted. If the juvenile is convicted of a violation or
conspiracy to commit a violation of section 7403(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7403, the court may impose
the alternative sentence permitted under that section if the court
determines that the best interests of the public would be served.
The court may delay imposing a sentence of imprisonment under this
subdivision for a period not longer than the period during which
the court has jurisdiction over the juvenile under this chapter by
entering an order of disposition delaying imposition of sentence
and placing the juvenile on probation upon the terms and conditions
it considers appropriate, including any disposition under this
section. If the court delays imposing sentence under this section,
section 18i of this chapter applies. If the court imposes sentence,
it shall enter a judgment of sentence. If the court imposes a
sentence of imprisonment, the juvenile shall receive credit against
the sentence for time served before sentencing. In determining
whether to enter an order of disposition or impose a sentence under
this subdivision, the court shall consider all of the following
factors, giving greater weight to the seriousness of the offense
and the juvenile's prior record:
(i) The seriousness of the offense in terms of community
protection, including, but not limited to, the existence of any
aggravating factors recognized by the sentencing guidelines, the
use of a firearm or other dangerous weapon, and the impact on any
victim.
(ii) The juvenile's culpability in committing the offense,
including, but not limited to, the level of the juvenile's
participation in planning and carrying out the offense and the
existence of any aggravating or mitigating factors recognized by
the sentencing guidelines.
(iii) The juvenile's prior record of delinquency including, but
not limited to, any record of detention, any police record, any
school record, or any other evidence indicating prior delinquent
behavior.
(iv) The juvenile's programming history, including, but not
limited to, the juvenile's past willingness to participate
meaningfully in available programming.
(v) The adequacy of the punishment or programming available in
the juvenile justice system.
(vi) The dispositional options available for the juvenile.
(n) If the juvenile is convicted of a violation of section 316
or 317 of the Michigan penal code, 1931 PA 328, MCL 750.316 and
750.317, the court shall sentence the juvenile in the same manner
as an adult.
(2) An order of disposition placing a juvenile in or
committing a juvenile to care outside of the juvenile's own home
and under state, county juvenile agency, or court supervision shall
contain a provision for reimbursement by the juvenile, parent,
guardian, or custodian to the court for the cost of care or
service. The order shall be reasonable, taking into account both
the income and resources of the juvenile, parent, guardian, or
custodian. The amount may be based upon the guidelines and model
schedule created under subsection (6). If the juvenile is receiving
an adoption support subsidy under sections 115f to 115m of the
social welfare act, 1939 PA 280, MCL 400.115f to 400.115m, the
amount shall not exceed the amount of the support subsidy. The
reimbursement provision applies during the entire period the
juvenile remains in care outside of the juvenile's own home and
under state, county juvenile agency, or court supervision, unless
the juvenile is in the permanent custody of the court. The court
shall provide for the collection of all amounts ordered to be
reimbursed and the money collected shall be accounted for and
reported to the county board of commissioners. Collections to cover
delinquent accounts or to pay the balance due on reimbursement
orders may be made after a juvenile is released or discharged from
care outside the juvenile's own home and under state, county
juvenile agency, or court supervision. Twenty-five percent of all
amounts collected under an order entered under this subsection
shall be credited to the appropriate fund of the county to offset
the administrative cost of collections. The balance of all amounts
collected under an order entered under this subsection shall be
divided in the same ratio in which the county, state, and federal
government participate in the cost of care outside the juvenile's
own home and under state, county juvenile agency, or court
supervision. The court may also collect from the government of the
United States benefits paid for the cost of care of a court ward.
Money collected for juveniles placed by the court with or committed
to the family independence agency or a county juvenile agency shall
be accounted for and reported on an individual juvenile basis. In
cases of delinquent accounts, the court may also enter an order to
intercept state or federal tax refunds of a juvenile, parent,
guardian, or custodian and initiate the necessary offset
proceedings in order to recover the cost of care or service. The
court shall send to the person who is the subject of the intercept
order advance written notice of the proposed offset. The notice
shall include notice of the opportunity to contest the offset on
the grounds that the intercept is not proper because of a mistake
of fact concerning the amount of the delinquency or the identity of
the person subject to the order. The court shall provide for the
prompt reimbursement of an amount withheld in error or an amount
found to exceed the delinquent amount.
(3) An order of disposition placing a juvenile in the
juvenile's own home under subsection (1)(b) may contain a provision
for reimbursement by the juvenile, parent, guardian, or custodian
to the court for the cost of service. If an order is entered under
this subsection, an amount due shall be determined and treated in
the same manner provided for an order entered under subsection (2).
(4) An order directed to a parent or a person other than the
juvenile is not effective and binding on the parent or other person
unless opportunity for hearing is given by issuance of summons or
notice as provided in sections 12 and 13 of this chapter and until
a copy of the order, bearing the seal of the court, is served on
the parent or other person as provided in section 13 of this
chapter.
(5) If the court appoints an attorney to represent a juvenile,
parent, guardian, or custodian, the court may require in an order
entered under this section that the juvenile, parent, guardian, or
custodian reimburse the court for attorney fees.
(6) The office of the state court administrator, under the
supervision and direction of the supreme court, shall create
guidelines that the court may use in determining the ability of the
juvenile, parent, guardian, or custodian to pay for care and any
costs of service ordered under subsection (2) or (3). The
guidelines shall take into account both the income and resources of
the juvenile, parent, guardian, or custodian.
(7) If the court finds that a juvenile comes under section 30
of this chapter, the court shall order the juvenile or the
juvenile's parent to pay restitution as provided in sections 30 and
31 of this chapter and in sections 44 and 45 of the crime victim's
rights act, 1985 PA 87, MCL 780.794 and 780.795.
(8) If the court imposes restitution as a condition of
probation, the court shall require the juvenile to do either of the
following as an additional condition of probation:
(a) Engage in community service or, with the victim's consent,
perform services for the victim.
(b) Seek and maintain paid employment and pay restitution to
the victim from the earnings of that employment.
(9) If the court finds that the juvenile is in intentional
default of the payment of restitution, a court may, as provided in
section 31 of this chapter, revoke or alter the terms and
conditions of probation for nonpayment of restitution. If a
juvenile who is ordered to engage in community service
intentionally refuses to perform the required community service,
the court may revoke or alter the terms and conditions of
probation.
(10) The court shall not enter an order of disposition for a
juvenile offense as defined in section 1a of 1925 PA 289, MCL
28.241a, or a judgment of sentence for a conviction until the court
has examined the court file and has determined that the juvenile's
fingerprints have been taken and forwarded as required by section 3
of 1925 PA 289, MCL 28.243, and as required by the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.732. If a juvenile
has not had his or her fingerprints taken, the court shall do
either of the following:
(a) Order the juvenile to submit himself or herself to the
police agency that arrested or obtained the warrant for the
juvenile's arrest so the juvenile's fingerprints can be taken and
forwarded.
(b) Order the juvenile committed to the sheriff's custody for
taking and forwarding the juvenile's fingerprints.
(11) Upon final disposition, conviction, acquittal, or
dismissal of an offense within the court's jurisdiction under
section 2(a)(1) of this chapter, using forms approved by the state
court administrator, the clerk of the court entering the final
disposition, conviction, acquittal, or dismissal shall immediately
advise the department of state police of that final disposition,
conviction, acquittal, or dismissal as required by section 3 of
1925 PA 289, MCL 28.243. The report to the department of state
police shall include information as to the finding of the judge or
jury and a summary of the disposition or sentence imposed.
(12) If the court enters an order of disposition based on an
act that is a juvenile offense as defined in section 1 of 1989 PA
196, MCL 780.901, the court shall order the juvenile to pay the
assessment as provided in that act. If the court enters a judgment
of conviction under section 2d of this chapter for an offense that
is a felony, serious misdemeanor, or specified misdemeanor as
defined in section 1 of 1989 PA 196, MCL 780.901, the court shall
order the juvenile to pay the assessment as provided in that act.
(13) If the court has entered an order of disposition or a
judgment of conviction for a listed offense as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722, the
court, the family independence agency, or the county juvenile
agency shall register the juvenile or accept the juvenile's
registration as provided in the sex offenders registration act,
1994 PA 295, MCL 28.721 to 28.732.
(14) If the court enters an order of disposition placing a
juvenile in a juvenile boot camp program, or committing a juvenile
to a county juvenile agency for placement in a juvenile boot camp
program, and the court receives from the family independence agency
a report that the juvenile has failed to perform satisfactorily in
the program, that the juvenile does not meet the program's
requirements or is medically unable to participate in the program
for more than 25 days, that there is no opening in a juvenile boot
camp program, or that the county juvenile agency is unable to place
the juvenile in a juvenile boot camp program, the court shall
release the juvenile from placement or commitment and enter an
alternative order of disposition. A juvenile shall not be placed in
a juvenile boot camp under an order of disposition more than once,
except that a juvenile returned to the court for a medical
condition, because there was no opening in a juvenile boot camp
program, or because the county juvenile agency was unable to place
the juvenile in a juvenile boot camp program may be placed again in
the juvenile boot camp program after the medical condition is
corrected, an opening becomes available, or the county juvenile
agency is able to place the juvenile.
(15) If the juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter for an offense other than a listed
offense as defined in section 2(e)(i) to (ix) and (xi) to (xiii) of the
sex offenders registration act, 1994 PA 295, MCL 28.722, the court
shall determine if the offense is a violation of a law of this
state or a local ordinance of a municipality of this state that by
its nature constitutes a sexual offense against an individual who
is less than 18 years of age. If so, the order of disposition is
for a listed offense as defined in section 2(e)(x) of the sex
offenders registration act, 1994 PA 295, MCL 28.722, and the court
shall include the basis for that determination on the record and
include the determination in the order of disposition.
(16) The court shall not impose a sentence of imprisonment in
the county jail under subsection (1)(m) unless the present county
jail facility for the juvenile's imprisonment would meet all
requirements under federal law and regulations for housing
juveniles. The court shall not impose the sentence until it
consults with the sheriff to determine when the sentence will begin
to ensure that space will be available for the juvenile.
(17) In a proceeding under section 2(h) of this chapter, this
section only applies to a disposition for a violation of a personal
protection order and subsequent proceedings.
(18) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, the court shall order the juvenile
to pay costs as provided in section 18m of this chapter.
(19) A juvenile who has been ordered to pay the minimum state
cost as provided in section 18m of this chapter as a condition of
probation or supervision and who is not in willful default of the
payment of the minimum state cost may petition the court at any
time for a remission of the payment of any unpaid portion of the
minimum state cost. If the court determines that payment of the
amount due will impose a manifest hardship on the juvenile or his
or her immediate family, the court may remit all or part of the
amount of the minimum state cost due or modify the method of
payment.