Bill Text: MI HB5770 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Probate; other; reference to department of health and human services in the probate code; update. Amends secs. 22, 39 & 68, ch. X, secs. 1 & 20, ch. XII & secs. 1, 2, 2d, 8, 9, 14, 14a, 14b, 16, 17, 17b, 18, 18f, 18k, 18s, 19a, 19c & 28, ch. XIIA of 1939 PA 288 (MCL 710.22 et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-09-07 - Referred To Second Reading [HB5770 Detail]
Download: Michigan-2015-HB5770-Introduced.html
HOUSE BILL No. 5770
July 13, 2016, Introduced by Reps. Heise, Kosowski, LaFontaine, Inman, Santana, Cox and Darany and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 22, 39, and 68 of chapter X, sections 1 and 20
of chapter XII, and sections 1, 2, 2d, 8, 9, 14, 14a, 14b, 16, 17,
17b, 18, 18f, 18k, 18s, 19a, 19c, and 28 of chapter XIIA (MCL
710.22, 710.39, 710.68, 712.1, 712.20, 712A.1, 712A.2, 712A.2d,
712A.8, 712A.9, 712A.14, 712A.14a, 712A.14b, 712A.16, 712A.17,
712A.17b, 712A.18, 712A.18f, 712A.18k, 712A.18s, 712A.19a,
712A.19c, and 712A.28), section 22 of chapter X as amended by 2004
PA 487, section 39 of chapter X as amended by 2014 PA 119, section
68 of chapter X as amended by 2012 PA 385, section 1 of chapter XII
as amended by 2006 PA 488, section 20 of chapter XII as amended by
2003 PA 245, section 1 of chapter XIIA as amended by 2014 PA 533,
section 2 of chapter XIIA as amended by 2014 PA 519, sections 2d,
8, 16, and 28 of chapter XIIA as amended by 1998 PA 478, section 14
of chapter XIIA as amended and sections 14a and 14b of chapter XIIA
as added by 2012 PA 163, section 17 of chapter XIIA as amended by
1998 PA 474, section 17b of chapter XIIA as amended by 2002 PA 625,
section 18 of chapter XIIA as amended by 2011 PA 295, sections 18f,
19a, and 19c of chapter XIIA as amended by 2012 PA 115, section 18k
of chapter XIIA as amended by 2014 PA 458, and section 18s of
chapter XIIA as added by 2012 PA 541.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 22. As used in this chapter:
(a) "Adoptee" means the individual who is to be adopted,
regardless of whether the individual is a child or an adult.
(b) "Adoption attorney" means an attorney acting as counsel in
an adoption proceeding or case.
(c) "Adult former sibling" means an individual who is 18 years
of age or older and is related to an adult adoptee either
biologically or through adoption by at least 1 common parent,
regardless of whether the adult former sibling ever lived in the
same household as the adult adoptee.
(d) "Agency placement" means a placement in which a child
placing agency, the department, or a court selects the adoptive
parent for the child and transfers physical custody of the child to
the prospective adoptive parent.
(e) "Applicant" means an individual or individuals who desire
to adopt a child and who have submitted an adoption application to
a child placing agency.
(f) "Attending practitioner" means a licensed physician or a
registered professional nurse certified as a nurse midwife by the
Michigan board of nursing.
(g) "Best interests of the adoptee" or "best interests of the
child" means the sum total of the following factors to be
considered, evaluated, and determined by the court to be applied to
give the adoptee permanence at the earliest possible date:
(i) The love, affection, and other emotional ties existing
between the adopting individual or individuals and the adoptee or,
in the case of a hearing under section 39 of this chapter, the
putative father and the adoptee.
(ii) The capacity and disposition of the adopting individual
or individuals or, in the case of a hearing under section 39 of
this chapter, the putative father to give the adoptee love,
affection, and guidance, and to educate and create a milieu that
fosters the religion, racial identity, and culture of the adoptee.
(iii) The capacity and disposition of the adopting individual
or individuals or, in the case of a hearing under section 39 of
this chapter, the putative father, to provide the adoptee with
food, clothing, education, permanence, medical care or other
remedial care recognized and permitted under the laws of this state
in place of medical care, and other material needs.
(iv) The length of time the adoptee has lived in a stable,
satisfactory environment, and the desirability of maintaining
continuity.
(v) The permanence as a family unit of the proposed adoptive
home, or, in the case of a hearing under section 39 of this
chapter, the home of the putative father.
(vi) The moral fitness of the adopting individual or
individuals or, in the case of a hearing under section 39 of this
chapter, of the putative father.
(vii) The mental and physical health of the adopting
individual or individuals or, in the case of a hearing under
section 39 of this chapter, of the putative father, and of the
adoptee.
(viii) The home, school, and community record of the adoptee.
(ix) The reasonable preference of the adoptee, if the adoptee
is 14 years of age or less and if the court considers the adoptee
to be of sufficient age to express a preference.
(x) The ability and willingness of the adopting individual or
individuals to adopt the adoptee's siblings.
(xi) Any other factor considered by the court to be relevant
to a particular adoption proceeding, or to a putative father's
request for child custody.
(h) "Born out of wedlock" means a child conceived and born to
a woman who was not married from the conception to the date of
birth of the child, or a child whom the court has determined to be
a child born during a marriage but not the issue of that marriage.
(i) "Central adoption registry" means the registry established
by the department under section 27b of this chapter to control the
release of identifying adoption information.
(j) "Child" means an individual less than 18 years of age.
(k) "Child placing agency" means a private organization
licensed under 1973 PA 116, MCL 722.111 to 722.128, to place
children for adoption.
(l) "Consent" means a document in which all parental rights
over a specific child are voluntarily relinquished to the court for
placement with a specific adoptive parent.
(m) "Court" means the family division of circuit court of this
state, or if the context requires, the court having jurisdiction
over adoption in another state or country.
(n)
"Department" means the family independence
agency.department of health and human services.
(o) "Direct placement" means a placement in which a parent or
guardian selects an adoptive parent for a child, other than a
stepparent or an individual related to the child within the fifth
degree by marriage, blood, or adoption, and transfers physical
custody of the child to the prospective adoptive parent.
(p) "Formal placement" means a placement that is approved by
the court under section 51 of this chapter.
(q) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(r) "Petitioner", except as used in section 68b of this
chapter, means the individual or individuals who file an adoption
petition with the court.
(s) "Placement" or "to place" means selection of an adoptive
parent for a child and transfer of physical custody of the child to
a prospective adoptive parent according to this chapter.
(t) "Relative" means an individual who is related to the child
within the fifth degree by marriage, blood, or adoption.
(u) "Release" means a document in which all parental rights
over a specific child are voluntarily relinquished to the
department or to a child placing agency.
(v) "Rescission petition" means a petition filed by an adult
adoptee and his or her parent whose rights have been terminated to
rescind the adoption in which a stepparent acquired parental rights
and to restore parental rights of that parent according to section
66 of this chapter.
(w) "Suitable to be a parent of an adoptee" means a conclusion
that there is no specific concern with respect to an individual
that would suggest that placement of any child, or a particular
child, in the home of the individual would pose a risk of harm to
the physical or psychological well-being of the child.
(x) "Temporary placement" means a placement that occurs before
court approval under section 51 of this chapter and that meets the
requirements of section 23d of this chapter.
(y) "Within the fifth degree by marriage, blood, or adoption"
means any of the following relationships: parent, step-parent,
grandparent, step-grandparent, brother, step-brother, sister, step-
sister, uncle, step-uncle, aunt, step-aunt, first cousin, step-
first cousin, great aunt, step-great aunt, great uncle, step-great
uncle, great grandparent, step-great grandparent, first cousin once
removed, step-first cousin once removed, great great grandparent,
step-great great grandparent, great great uncle, step-great great
uncle, great great aunt, step-great great aunt, great great great
grandparent, or step-great great great grandparent.
Sec. 39. (1) If the putative father does not come within the
provisions of subsection (2), and if the putative father appears at
the hearing and requests custody of the child, the court shall
inquire into his fitness and his ability to properly care for the
child and shall determine whether the best interests of the child
will be served by granting custody to him. If the court finds that
it would not be in the best interests of the child to grant custody
to the putative father, the court shall terminate his rights to the
child.
(2) If the putative father has established a custodial
relationship with the child or has provided substantial and regular
support or care in accordance with the putative father's ability to
provide support or care for the mother during pregnancy or for
either mother or child after the child's birth during the 90 days
before notice of the hearing was served upon him, the rights of the
putative father shall not be terminated except by proceedings in
accordance with section 51(6) of this chapter or section 2 of
chapter XIIA.
(3) If the court determines that the parental rights of the
putative father will not be terminated under subsection (1), the
court shall do all of the following:
(a) Terminate the temporary placement made under section 23d
of this chapter.
(b) Return custody of the child to the mother or the guardian
unless the mother's parental rights have been terminated under this
chapter or other law and are not restored under section 62 of this
chapter.
(c) Deny the order of adoption and dismiss the pending
adoption proceeding.
(4) The fact that the mother or guardian executed or proposed
to execute a release or consent relinquishing the mother's parental
rights or the guardian's rights to the child and sought termination
of the putative father's parental rights under section 36, 37, or
39 of this chapter shall not be used against the mother or guardian
in any proceeding under the child custody act of 1970, 1970 PA 91,
MCL 722.21 to 722.31, after the court has completed the provisions
in subsection (3).
(5) If the mother's parental rights are terminated under this
chapter or other law and are not restored under section 62 of this
chapter and if the court awards custody of a child born out of
wedlock to the putative father, the court shall enter an order
granting custody to the putative father and legitimating the child
for all purposes. Upon entry of an order granting custody and
legitimating the child, the clerk of the court shall collect a fee
of $35.00 from the putative father. The clerk shall retain $9.00 of
the fee and remit the $26.00 balance, along with a written report
of the order granting custody and legitimating the child, to the
director
of the department. of community health. The report shall
be on a form prescribed by or in a manner approved by the director
of
the department. of community health. Regardless of whether
the
fee required by this section is collected, the clerk shall transmit
and
the department of community health shall receive the report of
the order granting custody and legitimating the child.
Sec. 68. (1) Within 63 days after a request for nonidentifying
information is received, a child placing agency, a court, or the
department shall provide in writing to the adoptive parent, adult
adoptee, former parent, or adult former sibling requesting the
information all of the nonidentifying information described in
section 27(1) and (2) of this chapter.
(2) Within 63 days after a request for identifying information
about an adult adoptee is received, a child placing agency or court
or the department shall provide in writing to the former parent or
adult former sibling requesting the information the adult adoptee's
most recent name and address if the adult adoptee has given written
consent
to release of the information pursuant to under this
chapter. If the adult adoptee has not given written consent to the
release of information, the child placing agency, the court, or the
department shall, upon presentation of a certified copy of the
order of appointment, give the adult adoptee's name and address to
a confidential intermediary appointed under section 68b of this
chapter, together with any other information in its possession that
would help the confidential intermediary locate the adult adoptee.
At the option of agency or the department, the information may be
released to the court for release to the confidential intermediary.
(3) If the department or a child placing agency receives a
request for adoption record information in its possession from an
adult adoptee, former parent, or adult former sibling, the
department or child placing agency shall provide the individual
requesting the information with the identity of the court that
confirmed the adoption within 28 days after receipt of the request.
If a court receives such a request, the court shall provide the
individual requesting the information with the identity of the
child placing agency that handled the adoption.
(4) If the court that terminated parental rights receives from
the former parents or adult former siblings of the adult adoptee a
request for the identity of the agency, court, or department to
which the child was committed, the court shall provide in writing
the name of that agency, court, or department, if known, within 28
days after receipt of the request.
(5) Upon receipt of a written request for identifying
information from an adult adoptee, a child placing agency, a court,
or the department, if it maintains the adoption file for that
adoptee, shall submit a clearance request form to the central
adoption registry. Within 28 days after receipt of a clearance
reply form from the central adoption registry, the child placing
agency, court, or department shall notify the adoptee in writing of
the identifying information to which the adoptee is entitled under
subsection (6) or (7), or, if the identifying information cannot be
released under those subsections, the reason why the information
cannot be released. The child placing agency, court, or department
shall retain a copy of the notice sent to the adult adoptee.
(6) For adoptions in which the former parents' rights were
terminated on or after May 28, 1945 and before September 12, 1980,
a child placing agency, a court, or the department shall release to
an adult adoptee or to a confidential intermediary appointed under
section 68b of this chapter the identifying information described
in section 27(3) of this chapter and other identifying information
on file with the central adoption registry as specified in section
27b of this chapter, in the following manner:
(a) All of the identifying information described in section
27(3)
of this chapter shall be released to the adult adoptee , if
both former parents have on file with the central adoption registry
a statement consenting to release of the identifying information.
(b) The identifying information described in section 27(3)(b)
and (c) of this chapter about 1 of the former parents and the
identifying information described in section 27(3)(a) and (d) of
this chapter shall be released to the adult adoptee if that former
parent has on file with the central adoption registry a statement
consenting to release of identifying information.
(c) The identifying information described in section 27(3)(b)
and (c) of this chapter about 1 of the former parents and the
identifying information described in section 27(3)(a) and (d) of
this chapter shall be released to the adult adoptee if that parent
is deceased.
(d) All of the identifying information described in section
27(3) of this chapter on both former parents shall be released to
the
adult adoptee , if
both former parents are deceased.
(e) Upon presentation of a certified copy of the order of
appointment, all of the identifying information described in
section 27(3) of this chapter shall be released to a confidential
intermediary appointed under section 68b of this chapter, together
with additional information to assist the confidential intermediary
to locate former family members. At the option of the agency or the
department, the information may be released to the court for
release to the confidential intermediary.
(7) For all adoptions in which the former parents' rights were
terminated before May 28, 1945 or on or after September 12, 1980, a
child placing agency, a court, or the department shall release to
an adult adoptee the identifying information described in section
27(3) of this chapter and any additional information on file with
the central adoption registry as specified in section 27b of this
chapter, except that if a former parent has filed a statement
currently in effect with the central adoption registry denying
consent to have identifying information released, the identifying
information specified in section 27(3)(b) and (c) of this chapter
shall not be released about that parent. For purposes of this
subsection, a denial of consent is not effective after the death of
the former parent. This subsection does not apply to adoptions in
which the former parents' rights were terminated under chapter XII
of this act unless the former parent has filed a statement with the
central adoption registry consenting to the release of identifying
information.
(8) Upon receipt of a written request from an adult adoptee
for the name and address of an adult former sibling, a child
placing agency, a court, or the department, if it maintains the
adoption file for that adoptee, shall submit a clearance request
form to the central adoption registry. Within 28 days after receipt
of a clearance reply form from the central adoption registry, the
child placing agency, court, or department shall notify the adoptee
in writing of the name and address of an adult former sibling whose
statement was forwarded by the central adoption registry.
(9) If a child placing agency or court or the department
requests information from the central adoption registry and if the
clearance reply form from the central adoption registry indicates
that neither of the former parents has on file with the central
adoption registry a statement currently in effect denying consent
to have identifying information released, the child placing agency,
court, or department shall deliver to the adult adoptee a copy of
the clearance reply form it received from the central adoption
registry. The clearance reply form may be used by the adult adoptee
to obtain a copy of his or her original certificate of live birth
under section 2882 of the public health code, 1978 PA 368, MCL
333.2882. Except for adoptions in which the former parents'
parental rights were terminated under chapter XII of this act, this
subsection applies to all adoptions in which the parents' rights
were terminated before May 28, 1945 or on or after September 12,
1980.
(10) If a child placing agency, a court, or the department
receives written information concerning a physician-verified
medical or genetic condition of an individual biologically related
to an adoptee and a request that the information be transmitted to
the adoptee because of the serious threat it poses to the adoptee's
life, the child placing agency, court, or department shall send a
written copy of the information by first-class mail within 7 days
after the request is received to the adoptee at his or her last
known address. If the adoptee is less than 18 years of age, the
information shall be sent by first-class mail within 7 days after
the request is received to the adoptive parents at their last known
address.
(11) If the information described in subsection (10) is
returned undelivered, the agency, court, or department shall make a
reasonable effort to find the most recent address of the adoptee or
minor adoptee's parents and shall again send the information by
first-class mail within 21 days after receiving the returned
letter.
(12) If a child placing agency, a court, or the department
receives written information concerning a physician-verified
medical or genetic condition of a person biologically related to an
adoptee, and the condition is not life-threatening to the adoptee,
the child placing agency, court, or department shall place the
information in its adoption files. If the child placing agency,
court, or department receives a written request for the information
from the adult adoptee or minor adoptee's adoptive parents, it
shall release a written copy of the information to the adult
adoptee or to the minor adoptee's adoptive parents within 63 days
after the request for the information was made.
(13) If a child placing agency, a court, or the department
receives written information concerning a physician-verified
medical or genetic condition that threatens the life of an adoptee
and for which a biologically related person could give life-saving
aid, and receives a request from or on behalf of the adoptee that
the information be transmitted, the child placing agency, court, or
department shall send a written copy of the information by first-
class mail within 7 days after the request is received to the
biological parents or adult biological siblings of the adoptee at
their last known address.
(14) If the information described in subsection (13) is
returned undelivered, the agency, court, or department shall make a
reasonable effort to find the most recent address of the biological
parents or adult biological siblings and shall again send the
information by first-class mail within 21 days after receiving the
returned letter.
(15) If a child placing agency, a court, or the department
provides an adoptee with the name of 1 of the adoptee's former
parents, that child placing agency, court, or department shall
notify
the department of community health department's vital
records office of that fact. Upon receipt of notification by the
child
placing agency, court, or department, the department of
community
health department's vital records
office shall insure
ensure that the original birth certificate on file for the adoptee
has been sealed and that a new birth certificate has been prepared
in conformance with section 67 of this chapter.
(16) An employee or agent of a child placing agency, a court,
or the department, who intentionally releases identifying
information in violation of this section, is guilty of a
misdemeanor.
(17) This section also applies to a stepparent adoption and to
the adoption of a child related to the petitioner within the fifth
degree by marriage, blood, or adoption.
(18) As used in this section, "adult adoptee" means an
individual who was adopted as a child who is now 18 years of age or
older or an individual who was 18 years of age or older at the time
of adoption.
(19) A child placing agency, a court, and the department may
require a fee for supplying information under this section. The fee
shall be $60.00 or the actual cost of supplying the information,
whichever is less. The child placing agency, court, or department
may waive a part or all of the fee in case of indigency or
hardship.
(20) A direct descendant of a deceased adult adoptee may
request information under this section. All information to which an
adult adoptee is entitled under this section shall be released to
the adult adoptee's direct descendants if the adult adoptee is
deceased.
(21) A child placing agency, a court, or the department shall
permit the children's ombudsman to inspect adoption records in its
possession in connection with an investigation authorized under the
children's ombudsman act, 1994 PA 204, MCL 722.921 to 722.935. The
ombudsman shall not disclose information obtained by an inspection
under this section. If the children's ombudsman requires further
information from an individual whose identity is protected in
closed adoption records, the ombudsman shall contact the individual
discreetly and confidentially. The ombudsman shall inform the
individual that his or her participation in the investigation is
confidential, is strictly voluntary, and will not alter or
constitute a challenge to the adoption. The ombudsman shall honor
the individual's request not to be contacted further. As used in
this subsection, "children's ombudsman" or "ombudsman" means the
ombudsman appointed under section 3 of the children's ombudsman
act, 1994 PA 204, MCL 722.923, or his or her designee.
CHAPTER XII
Sec. 1. (1) This chapter shall be known and may be cited as
the "safe delivery of newborns law".
(2) As used in this chapter:
(a) "Child placing agency" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(b) "Court" means the family division of circuit court.
(c) "Department" means the department of health and human
services.
(d) "DNA identification profile" and "DNA identification
profiling" mean those terms as defined in section 1 of the
paternity act, 1956 PA 205, MCL 722.711.
(e) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(f) "Emergency service provider" means a uniformed or
otherwise identified employee or contractor of a fire department,
hospital, or police station when that individual is inside the
premises and on duty. Emergency service provider also includes a
paramedic or an emergency medical technician when either of those
individuals is responding to a 9-1-1 emergency call.
(g) "Fire department" means an organized fire department as
that term is defined in section 1 of the fire prevention code, 1941
PA 207, MCL 29.1.
(h) "Gross negligence" means conduct so reckless as to
demonstrate a substantial lack of concern for whether an injury
results.
(i) "Hospital" means a hospital that is licensed under article
17 of the public health code, 1978 PA 368, MCL 333.20101 to
333.22260.
(j) "Lawyer-guardian ad litem" means an attorney appointed
under section 2 of this chapter. A lawyer-guardian ad litem
represents the newborn, and has the powers and duties, as set forth
in section 17d of chapter XIIA.
(k) "Newborn" means a child who a physician reasonably
believes to be not more than 72 hours old.
(l) "Police station" means that term as defined in section 43
of the Michigan vehicle code, 1949 PA 300, MCL 257.43.
(m) "Preplacement assessment" means an assessment of a
prospective adoptive parent as described in section 23f of chapter
X.
(n) "Surrender" means to leave a newborn with an emergency
service provider without expressing an intent to return for the
newborn.
Sec.
20. The department of community health in conjunction
with
the department shall establish a
safe delivery program. The
safe delivery program shall include, but is not limited to, both of
the following:
(a) A toll-free, 24-hour telephone line. The information
provided with this telephone line shall include, but is not limited
to, all of the following:
(i) Information on prenatal care and the delivery of a
newborn.
(ii) Names of health agencies that can assist in obtaining
services and supports that provide for the pregnancy-related health
of the mother and the health of the baby.
(iii) Information on adoption options and the name and
telephone number of a child placing agency that can assist a parent
or expecting parent in obtaining adoption services.
(iv) Information that, in order to safely provide for the
health of the mother and her newborn, the best place for the
delivery of a child is in a hospital, hospital-based birthing
center,
or birthing center that is accredited by the commission for
the
accreditation of birth centers.Commission
for the Accreditation
of Birth Centers.
(v) An explanation that, to the extent of the law, prenatal
care and delivery services are routinely confidential within the
health care system, if requested by the mother.
(vi) Information that a hospital will take into protective
custody a newborn that is surrendered as provided for in this
chapter and, if needed, provide emergency medical assistance to the
mother, the newborn, or both.
(vii) Information regarding legal and procedural requirements
related to the voluntary surrender of a child as provided for in
this chapter.
(viii) Information regarding the legal consequences for
endangering a child, including child protective service
investigations and potential criminal penalties.
(ix) Information that surrendering a newborn for adoption as
provided in this chapter is an affirmative defense to charges of
abandonment as provided in section 135 of the Michigan penal code,
1931 PA 328, MCL 750.135.
(x) Information about resources for counseling and assistance
with crisis management.
(b) A pamphlet that provides information to the public
concerning
the safe delivery program. The department of community
health
and the department shall jointly
publish and distribute the
pamphlet. The pamphlet shall prominently display the toll-free
telephone number prescribed by subdivision (a).
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) "Competency evaluation" means a court-ordered examination
of a juvenile directed to developing information relevant to a
determination of his or her competency to proceed at a particular
stage of a court proceeding involving a juvenile who is the subject
of a delinquency petition.
(c) "Competency hearing" means a hearing to determine whether
a juvenile is competent to proceed.
(d) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(e) "Court" means the family division of circuit court.
(f) "Department" means the department of health and human
services.
A reference in this chapter to the "department of social
welfare"
or the "family independence agency" means the department
of
human services.
(g) "Foreign protection order" means that term as defined in
section 2950h of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950h.
(h) "Incompetent to proceed" means that a juvenile, based on
age-appropriate norms, lacks a reasonable degree of rational and
factual understanding of the proceeding or is unable to do 1 or
more of the following:
(i) Consult with and assist his or her attorney in preparing
his or her defense in a meaningful manner.
(ii) Sufficiently understand the charges against him or her.
(i) "Juvenile" means a person who is less than 17 years of age
who is the subject of a delinquency petition.
(j) "Least restrictive environment" means a supervised
community placement, preferably a placement with the juvenile's
parent, guardian, relative, or a facility or conditions of
treatment that is a residential or institutional placement only
utilized as a last resort based on the best interest of the
juvenile or for reasons of public safety.
(k) "Licensed child caring institution" means a child caring
institution as defined and licensed under 1973 PA 116, MCL 722.111
to 722.128.
(l) "MCI" means the Michigan children's institute created and
established by 1935 PA 220, MCL 400.201 to 400.214.
(m) "Mental health code" means the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
(n) "Personal protection order" means a personal protection
order issued under section 2950 or 2950a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes
a valid foreign protection order.
(o) "Qualified juvenile forensic mental health examiner" means
1 of the following who performs forensic mental health examinations
for the purposes of sections 1062 to 1074 of the mental health
code, MCL 330.2062 to 330.2074, but does not exceed the scope of
his or her practice as authorized by state law:
(i) A psychiatrist or psychologist who possesses experience or
training in the following:
(A) Forensic evaluation procedures for juveniles.
(B) Evaluation, diagnosis, and treatment of children and
adolescents with emotional disturbance, mental illness, or
developmental disabilities.
(C) Clinical understanding of child and adolescent
development.
(D) Familiarity with competency standards in this state.
(ii) Beginning September 28, 2014, a mental health
professional other than a psychiatrist or psychologist who has
completed a juvenile competency training program for forensic
mental health examiners that is endorsed by the department under
section 1072 of the mental health code, MCL 330.2072, and who
possesses experience or training in all of the following:
(A) Forensic evaluation procedures for juveniles.
(B) Evaluation, diagnosis, and treatment of children and
adolescents with emotional disturbance, mental illness, or
developmental disabilities.
(C) Clinical understanding of child and adolescent
development.
(D) Familiarity with competency standards in this state.
(p) "Qualified restoration provider" means an individual who
the court determines, as a result of the opinion provided by the
qualified forensic mental health examiner, has the skills and
training necessary to provide restoration services. The court shall
take measures to avoid any conflict of interest among agencies or
individuals who may provide evaluation and restoration.
(q) "Restoration" means the process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
(r) "Serious misdemeanor" means that term as defined in
section 61 of the William Van Regenmorter crime victim's rights
act, 1985 PA 87, MCL 780.811.
(s) "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 department of human services or a county juvenile agency.
(ii) A high-security facility operated by a private agency
under
contract with the department of human services 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 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) If the juvenile is dependent and is in danger of
substantial physical or psychological harm. The juvenile may be
found to be dependent when any of the following occurs:
(A) The juvenile is homeless or not domiciled with a parent or
other legally responsible person.
(B) The juvenile has repeatedly run away from home and is
beyond the control of a parent or other legally responsible person.
(C) The juvenile is alleged to have committed a commercial
sexual activity as that term is defined in section 462a of the
Michigan penal code, 1931 PA 328, MCL 750.462a, or a delinquent act
that is the result of force, fraud, coercion, or manipulation
exercised by a parent or other adult.
(D) The juvenile's custodial parent or legally responsible
person has died or has become permanently incapacitated and no
appropriate parent or legally responsible person is willing and
able to provide care for the juvenile.
(4) 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.
(5) 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.
(6) If the juvenile has a guardian under the estates and
protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,
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 subdivision (b)(1), (2), (3), (4), (5),
or (6) 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
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950
and 600.2950a, 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.
(i) In a proceeding under this chapter concerning a juvenile's
care and supervision, the court may issue orders affecting a party
as necessary. This subdivision does not apply after May 1, 2018. As
used in this subdivision, "party" means 1 of the following:
(i) In a delinquency proceeding, the petitioner and juvenile.
(ii) In a child protective proceeding, the petitioner,
department, of
human services, child, respondent, parent, guardian,
or legal custodian, and any licensed child caring institution or
child
placing agency under contract with the department of human
services
to provide for a juvenile's care
and supervision.
Sec. 2d. (1) In a petition or amended petition alleging that a
juvenile is within the court's jurisdiction under section 2(a)(1)
of this chapter for a specified juvenile violation, the prosecuting
attorney may designate the case as a case in which the juvenile is
to be tried in the same manner as an adult. An amended petition
making a designation under this subsection shall be filed only by
leave of the court.
(2) In a petition alleging that a juvenile is within the
court's jurisdiction under section 2(a)(1) of this chapter for an
offense other than a specified juvenile violation, the prosecuting
attorney may request that the court designate the case as a case in
which the juvenile is to be tried in the same manner as an adult.
The court may designate the case following a hearing if it
determines that the best interests of the juvenile and the public
would be served by the juvenile being tried in the same manner as
an adult. In determining whether the best interests of the juvenile
and the public would be served, the court shall consider all of the
following factors, giving greater weight to the seriousness of the
alleged offense and the juvenile's prior delinquency record than to
the other factors:
(a) The seriousness of the alleged 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.
(b) The juvenile's culpability in committing the alleged
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.
(c) 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.
(d) The juvenile's programming history, including, but not
limited to, the juvenile's past willingness to participate
meaningfully in available programming.
(e) The adequacy of the punishment or programming available in
the juvenile justice system.
(f) The dispositional options available for the juvenile.
(3) If a case is designated under this section, the case shall
be set for trial in the same manner as the trial of an adult in a
court of general criminal jurisdiction unless a probable cause
hearing is required under subsection (4).
(4) If the petition in a case designated under this section
alleges an offense that if committed by an adult would be a felony
or punishable by imprisonment for more than 1 year, the court shall
conduct a probable cause hearing not later than 14 days after the
case is designated to determine whether there is probable cause to
believe the offense was committed and whether there is probable
cause to believe the juvenile committed the offense. This hearing
may be combined with the designation hearing under subsection (2)
for an offense other than a specified juvenile offense. A probable
cause hearing under this section is the equivalent of the
preliminary examination in a court of general criminal jurisdiction
and satisfies the requirement for that hearing. A probable cause
hearing shall be conducted by a judge other than the judge who will
try the case if the juvenile is tried in the same manner as an
adult.
(5) If the court determines there is probable cause to believe
the offense alleged in the petition was committed and probable
cause to believe the juvenile committed the offense, the case shall
be set for trial in the same manner as the trial of an adult in a
court of general criminal jurisdiction.
(6) If the court determines that an offense did not occur or
there is not probable cause to believe the juvenile committed the
offense, the court shall dismiss the petition. If the court
determines there is probable cause to believe another offense was
committed and there is probable cause to believe the juvenile
committed that offense, the court may further determine whether the
case should be designated as a case in which the juvenile should be
tried in the same manner as an adult as provided in subsection (2).
If the court designates the case, the case shall be set for trial
in the same manner as the trial of an adult in a court of general
criminal jurisdiction.
(7) If a case is designated under this section, the
proceedings are criminal proceedings and shall afford all
procedural protections and guarantees to which the juvenile would
be entitled if being tried for the offense in a court of general
criminal jurisdiction. A plea of guilty or nolo contendere or a
verdict of guilty shall result in entry of a judgment of
conviction. The conviction shall have the same effect and
liabilities as if it had been obtained in a court of general
criminal jurisdiction.
(8) Following a judgment of conviction, the court shall enter
a disposition or impose a sentence authorized under section
18(1)(n) of this chapter.
(9) As used in this section, "specified juvenile violation"
means any 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 subdivision,
"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 juvenile escaped or attempted to escape was 1 of the
following:
(i) A high-security or medium-security facility operated by
the
family independence agency department
or a county juvenile
agency.
(ii) A high-security facility operated by a private agency
under
contract with the family independence agency department 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 subdivisions
(a) to (d).
(f) Conspiracy to commit a violation described in subdivisions
(a) to (d).
(g) Solicitation to commit a violation described in
subdivisions (a) to (d).
(h) Any lesser included offense of an offense described in
subdivisions (a) to (g) if the juvenile is alleged in the petition
to have committed an offense described in subdivisions (a) to (g).
(i) Any other offense arising out of the same transaction as
an offense described in subdivisions (a) to (g) if the juvenile is
alleged in the petition to have committed an offense described in
subdivisions (a) to (g).
Sec. 8. The office of county agent is created. The county
agent is an officer of the court and under the general supervision
of the judges of the court and shall serve at their pleasure. The
county agent shall organize, direct and develop the juvenile
welfare work of the court as authorized by the judge. When
requested by the superintendent or director, the county agent shall
supervise juveniles released from public institutions or agencies
and may perform other juvenile welfare work as requested and with
the approval of the judge, including services to school-age
juveniles of the various school districts within the county, after
consultation and agreement with the county school commissioner and
the superintendents of schools in a county. With the judge's
approval, the county agent or his or her assistants shall
investigate and report on juveniles or families within the county
as
requested by the family independence agency, department, the
county juvenile agency, or the superintendent of any state
institution regarding the welfare of any juvenile. Assistant county
agents shall perform the duties assigned to them by the county
agent.
Sec. 9. The judge of probate in each county may appoint 1 or
more suitable persons of good character and qualified training or
experience, other than the county agent or assistants, to act as
probation
officer, who shall receive such compensation as the board
of supervisors may appropriate for that purpose, and who, at the
discretion of the judge, may be authorized and empowered to perform
county agent duties.
The judge of probate may also appoint other probation officers
who shall receive no compensation from the county treasury for the
duties
performed under such the appointment.
It
shall be is the duty of the judge of probate to notify the
state
department of social welfare of the appointment of all paid
probation officers made by him or her under the provisions of this
chapter. All probation officers shall hold office during the
pleasure
of the court and shall report to the said court upon all
cases under their care.
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 for whom there is reasonable cause to believe
is violating or has violated a personal protection order issued
under section 2(h) of this chapter by the court under section 2950
or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950 and 600.2950a, or for whom there is reasonable cause to
believe is violating or has violated a valid foreign protection
order. If the 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 fixed time. 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 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 home of the child's parent, guardian, or custodian.
(b) If a 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 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 child care institution or child placing agency
licensed
by the department of human services to receive for care
children within the jurisdiction of the court.
(d) In 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.
Sec. 14a. (1) If there is reasonable cause to believe that a
child is at substantial risk of harm or is in surroundings that
present an imminent risk of harm and the child's immediate removal
from those surroundings is necessary to protect the child's health
and safety, an officer may, without a court order, immediately take
that child into protective custody. An officer who takes a child
into protective custody under this section shall immediately notify
the
department. of human services. While awaiting the
arrival of
the
department, of human services, the child shall not be
held in a
detention facility.
(2) If a child taken into protective custody under this
section
is not released, the officer or the department of human
services
shall immediately contact the
designated judge or referee,
as provided in subsection (3), to seek a court order for placement
of the child pending a preliminary hearing.
(3) A judge or referee shall be designated as the contact when
a placement order is sought for a child in protective custody under
this section. In accordance with the provisions of section 14b of
this chapter, if the court is closed, the designated judge or
referee may, upon receipt electronically or otherwise of a petition
or affidavit of facts, order placement if the placement order is
communicated in writing, electronically or otherwise, to the
appropriate county department office and filed with the court the
next business day. When a placement order is issued by a designated
referee, the order shall take effect as an interim order pending a
preliminary hearing.
(4) As used in this section, "officer" means a local police
officer, sheriff or deputy sheriff, state police officer, or county
agent or probation officer of a court of record.
Sec. 14b. (1) Upon receipt electronically or otherwise of a
petition or affidavit of facts, a judge or referee may issue a
written ex parte order, electronically or otherwise, authorizing
the
department of human services to immediately take a child into
protective custody and place the child pending the preliminary
hearing if the court finds all of the following:
(a) There is reasonable cause to believe that the child is at
substantial risk of harm or is in surroundings that present an
imminent risk of harm and the child's immediate removal from those
surroundings is necessary to protect the child's health and safety.
(b) The circumstances warrant issuing an ex parte order
pending the preliminary hearing.
(c) Consistent with the circumstances, reasonable efforts were
made to prevent or eliminate the need for removal of the child.
(d) No remedy other than protective custody is reasonably
available to protect the child.
(e) Continuing to reside in the home is contrary to the
child's welfare.
(2) The ex parte order shall be supported by written findings
of fact.
Sec. 16. (1) If a juvenile under the age of 17 years is taken
into custody or detained, the juvenile shall not be confined in any
police station, prison, jail, lock-up, or reformatory or
transported with, or compelled or permitted to associate or mingle
with, criminal or dissolute persons. However, except as otherwise
provided in section 15(3), (4), and (5) of this chapter, the court
may order a juvenile 15 years of age or older whose habits or
conduct are considered a menace to other juveniles, or who may not
otherwise be safely detained, placed in a jail or other place of
detention for adults, but in a room or ward separate from adults
and for not more than 30 days, unless longer detention is necessary
for the service of process.
(2) The county board of commissioners in each county or of
counties contracting together may provide for the diagnosis,
treatment, care, training, and detention of juveniles in a child
care home or facility conducted as an agency of the county if the
home or facility meets licensing standards established under 1973
PA 116, MCL 722.111 to 722.128. The court or a court-approved
agency may arrange for the boarding of juveniles in any of the
following:
(a) If a juvenile is within the court's jurisdiction under
section 2(a) of this chapter, 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.
(b) A child caring institution or child placing agency
licensed
by the department of consumer and industry services to
receive for care juveniles within the court's jurisdiction.
(c) If in a room or ward separate and apart from adult
criminals, the county jail for juveniles over 17 years of age
within the court's jurisdiction.
(3) If a detention home or facility is established as an
agency of the county, the judge may appoint a superintendent and
other necessary employees for the home or facility who shall
receive compensation as provided by the county board of
commissioners of the county. This section does not alter or
diminish
the legal responsibility of the family independence agency
department or a county juvenile agency to receive juveniles
committed by the court.
(4) If the court under subsection (2) arranges for the board
of juveniles temporarily detained in private homes or in a child
caring institution or child placing agency, a reasonable sum fixed
by the court for their board shall be paid by the county treasurer
as provided in section 25 of this chapter.
(5) A court shall not provide foster care home services
subject to the court's supervision to juveniles within section 2(b)
of this chapter.
(6) A juvenile detention home described in subsection (3)
shall be operated under the direction of the county board of
commissioners or, in a county that has an elected county executive,
under
the county executive's direction. However, a A different
method for directing the operation of a detention home may be
agreed to in any county by the chief judge of the circuit court in
that county and the county board of commissioners or, in a county
that has an elected county executive, the county executive.
Sec. 17. (1) The court may conduct a hearing other than a
criminal hearing in an informal manner. The court shall require
stenographic notes or another transcript to be taken of the
hearing. The court shall adjourn a hearing or grant a continuance
regarding a case under section 2(b) of this chapter only for good
cause with factual findings on the record and not solely upon
stipulation of counsel or for the convenience of a party. In
addition to a factual finding of good cause, the court shall not
adjourn the hearing or grant a continuance unless 1 of the
following is also true:
(a) The motion for the adjournment or continuance is made in
writing not less than 14 days before the hearing.
(b) The court grants the adjournment or continuance upon its
own motion after taking into consideration the child's best
interests. An adjournment or continuance granted under this
subdivision shall not last more than 28 days unless the court
states on the record the specific reasons why a longer adjournment
or continuance is necessary.
(2) Except as otherwise provided in this subsection, in a
hearing other than a criminal trial under this chapter, a person
interested in the hearing may demand a jury of 6 individuals, or
the court, on its own motion, may order a jury of 6 individuals to
try the case. In a proceeding under section 2(h) of this chapter, a
jury shall not be demanded or ordered on a supplemental petition
alleging a violation of a personal protection order. In a criminal
trial, a jury may be demanded as provided by law. The jury shall be
summoned and impaneled in accordance with chapter 13 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1300 to 600.1376, and,
in the case of a criminal trial, as provided in chapter VIII of the
code of criminal procedure, 1927 PA 175, MCL 768.1 to 768.36.
(3) A parent, guardian, or other custodian of a juvenile held
under this chapter has the right to give bond or other security for
the appearance of the juvenile at the hearing of the case.
(4) The prosecuting attorney shall appear for the people when
requested by the court, and in a proceeding under section 2(a)(1)
of this chapter, the prosecuting attorney shall appear if the
proceeding requires a hearing and the taking of testimony.
(5) In a proceeding under section 2(b) of this chapter, upon
request
of the family independence agency department or an agent of
the
family independence agency department
under contract with the
family
independence agency, department,
the prosecuting attorney
shall
serve as a legal consultant to the family independence agency
department or its agent at all stages of the proceeding. If in a
proceeding under section 2(b) of this chapter the prosecuting
attorney
does not appear on behalf of the family independence
agency
department or its agent, the family independence agency
department may contract with an attorney of its choice for legal
representation.
(6) A member of a local foster care review board established
under 1984 PA 422, MCL 722.131 to 722.139a, shall be admitted to a
hearing under subsection (1).
(7) Upon motion of a party or a victim, the court may close
the hearing of a case brought under this chapter to members of the
general public during the testimony of a juvenile witness or the
victim if the court finds that closing the hearing is necessary to
protect the welfare of the juvenile witness or the victim. In
determining whether closing the hearing is necessary to protect the
welfare of the juvenile witness or the victim, the court shall
consider the following:
(a) The age of the juvenile witness or the victim.
(b) The nature of the proceeding.
(c) The desire of the juvenile witness, of the witness's
family or guardian, or of the victim to have the testimony taken in
a room closed to the public.
(8) As used in subsection (7), "juvenile witness" does not
include a juvenile against whom a proceeding is brought under
section 2(a)(1) of this chapter.
Sec. 17b. (1) As used in this section:
(a) "Custodian of the videorecorded statement" means the
family
independence agency, department,
investigating law
enforcement agency, prosecuting attorney, or department of attorney
general or another person designated under the county protocols
established as required by section 8 of the child protection law,
1975 PA 238, MCL 722.628.
(b) "Developmental disability" means that term as defined in
section
100a of the mental health code, 1974 PA 258, MCL 330.1100a,
except that, for the purposes of implementing this section,
developmental disability includes only a condition that is
attributable to a mental impairment or to a combination of mental
and physical impairments, and does not include a condition
attributable to a physical impairment unaccompanied by a mental
impairment.
(c) "Videorecorded statement" means a witness's statement
taken by a custodian of the videorecorded statement as provided in
subsection (5). Videorecorded statement does not include a
videorecorded deposition taken as provided in subsections (16) and
(17).
(d) "Witness" means an alleged victim of an offense listed
under subsection (2) who is either of the following:
(i) A person under 16 years of age.
(ii) A person 16 years of age or older with a developmental
disability.
(2) This section only applies to either of the following:
(a) A proceeding brought under section 2(a)(1) of this chapter
in which the alleged offense, if committed by an adult, would be a
felony under section 136b, 145c, 520b to 520e, or 520g of the
Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c, 750.520b
to 750.520e, and 750.520g, or under former section 136 or 136a of
the Michigan penal code, 1931 PA 328.
(b) A proceeding brought under section 2(b) of this chapter.
(3) If pertinent, the witness shall be permitted the use of
dolls or mannequins, including, but not limited to, anatomically
correct dolls or mannequins, to assist the witness in testifying on
direct and cross-examination.
(4) A witness who is called upon to testify shall be permitted
to have a support person sit with, accompany, or be in close
proximity to the witness during his or her testimony. A notice of
intent to use a support person shall name the support person,
identify the relationship the support person has with the witness,
and give notice to all parties to the proceeding that the witness
may request that the named support person sit with the witness when
the witness is called upon to testify during any stage of the
proceeding. The notice of intent to use a named support person
shall be filed with the court and shall be served upon all parties
to the proceeding. The court shall rule on a motion objecting to
the use of a named support person before the date at which the
witness desires to use the support person.
(5) A custodian of the videorecorded statement may take a
witness's videorecorded statement. The videorecorded statement
shall be admitted at all proceedings except the adjudication stage
instead of the live testimony of the witness. The videorecorded
statement shall state the date and time that the statement was
taken; shall identify the persons present in the room and state
whether they were present for the entire videorecording or only a
portion of the videorecording; and shall show a time clock that is
running during the taking of the statement.
(6) In a videorecorded statement, the questioning of the
witness should be full and complete; shall be in accordance with
the forensic interview protocol implemented as required by section
8 of the child protection law, 1975 PA 238, MCL 722.628; and, if
appropriate for the witness's developmental level, shall include,
but need not be limited to, all of the following areas:
(a) The time and date of the alleged offense or offenses.
(b) The location and area of the alleged offense or offenses.
(c) The relationship, if any, between the witness and the
respondent.
(d) The details of the offense or offenses.
(e) The names of other persons known to the witness who may
have personal knowledge of the offense or offenses.
(7) A custodian of the videorecorded statement may release or
consent to the release or use of a videorecorded statement or
copies of a videorecorded statement to a law enforcement agency, an
agency authorized to prosecute the criminal case to which the
videorecorded statement relates, or an entity that is part of
county protocols established under section 8 of the child
protection law, 1975 PA 238, MCL 722.628. Each respondent and, if
represented, his or her attorney has the right to view and hear the
videorecorded statement at a reasonable time before it is offered
into evidence. In preparation for a court proceeding and under
protective conditions, including, but not limited to, a prohibition
on the copying, release, display, or circulation of the
videorecorded statement, the court may order that a copy of the
videorecorded statement be given to the defense.
(8) If authorized by the prosecuting attorney in the county in
which the videorecorded statement was taken, a videorecorded
statement may be used for purposes of training the custodians of
the videorecorded statement in that county on the forensic
interview protocol implemented as required by section 8 of the
child protection law, 1975 PA 238, MCL 722.628.
(9) Except as provided in this section, an individual,
including, but not limited to, a custodian of the videorecorded
statement, the witness, or the witness's parent, guardian, guardian
ad litem, or attorney, shall not release or consent to release a
videorecorded statement or a copy of a videorecorded statement.
(10) A videorecorded statement that becomes part of the court
record is subject to a protective order of the court for the
purpose of protecting the privacy of the witness.
(11) A videorecorded statement shall not be copied or
reproduced in any manner except as provided in this section. A
videorecorded statement is exempt from disclosure under the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246, is not
subject to release under another statute, and is not subject to
disclosure under the Michigan court rules governing discovery. This
section does not prohibit the production or release of a transcript
of a videorecorded statement.
(12) Except as otherwise provided in subsection (15), if, upon
the motion of a party or in the court's discretion, the court finds
on the record that psychological harm to the witness would occur if
the witness were to testify in the presence of the respondent at a
court proceeding or in a videorecorded deposition taken as provided
in subsection (13), the court shall order that the witness during
his or her testimony be shielded from viewing the respondent in
such a manner as to enable the respondent to consult with his or
her attorney and to see and hear the testimony of the witness
without the witness being able to see the respondent.
(13) In a proceeding brought under section 2(b) of this
chapter, if, upon the motion of a party or in the court's
discretion, the court finds on the record that psychological harm
to the witness would occur if the witness were to testify at the
adjudication stage, the court shall order to be taken a
videorecorded deposition of a witness that shall be admitted into
evidence at the adjudication stage instead of the live testimony of
the witness. The examination and cross-examination of the witness
in the videorecorded deposition shall proceed in the same manner as
permitted at the adjudication stage.
(14) In a proceeding brought under section 2(a)(1) of this
chapter in which the alleged offense, if committed by an adult,
would be a felony under section 136b, 145c, 520b to 520e, or 520g
of the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c,
750.520b to 750.520e, and 750.520g, or under former section 136 or
136a of the Michigan penal code, 1931 PA 328, if, upon the motion
of a party made before the adjudication stage, the court finds on
the record that the special arrangements specified in subsection
(15) are necessary to protect the welfare of the witness, the court
shall order 1 or both of those special arrangements. In determining
whether it is necessary to protect the welfare of the witness, the
court shall consider both of the following:
(a) The age of the witness.
(b) The nature of the offense or offenses.
(15) If the court determines on the record that it is
necessary to protect the welfare of the witness and grants the
motion made under subsection (14), the court shall order 1 or both
of the following:
(a) In order to protect the witness from directly viewing the
respondent, the courtroom shall be arranged so that the respondent
is seated as far from the witness stand as is reasonable and not
directly in front of the witness stand. The respondent's position
shall be located so as to allow the respondent to hear and see all
witnesses and be able to communicate with his or her attorney.
(b) A questioner's stand or podium shall be used for all
questioning of all witnesses by all parties, and shall be located
in front of the witness stand.
(16) In a proceeding brought under section 2(a)(1) of this
chapter in which the alleged offense, if committed by an adult,
would be a felony under section 136b, 145c, 520b to 520e, or 520g
of the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.145c,
750.520b to 750.520e, and 750.520g, or under former section 136 or
136a of the Michigan penal code, 1931 PA 328, if, upon the motion
of a party or in the court's discretion, the court finds on the
record that the witness is or will be psychologically or
emotionally unable to testify at a court proceeding even with the
benefit of the protections afforded the witness in subsections (3),
(4), and (15), the court shall order that a videorecorded
deposition of a witness shall be taken to be admitted at the
adjudication stage instead of the witness's live testimony.
(17) For purposes of the videorecorded deposition under
subsection (16), the witness's examination and cross-examination
shall proceed in the same manner as if the witness testified at the
adjudication stage, and the court shall order that the witness,
during his or her testimony, shall not be confronted by the
respondent but shall permit the respondent to hear the testimony of
the witness and to consult with his or her attorney.
(18) This section is in addition to other protections or
procedures afforded to a witness by law or court rule.
(19) A person who intentionally releases a videorecorded
statement in violation of this section is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
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 not less than 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 600.1084. 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 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
department 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 department of human services 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 department of human services
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 department of human services 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 department
of
human services 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 department of human
services
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 department of human services
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 department, of human services, 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 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.
(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 department of human services 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 28.736. 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, misdemeanor, or ordinance violation, 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 department, of human services, 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 28.736.
(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 department of human
services
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 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 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.
Sec. 18f. (1) If, in a proceeding under section 2(b) of this
chapter, an agency advises the court against placing a child in the
custody of the child's parent, guardian, or custodian, the agency
shall report in writing to the court what efforts were made to
prevent the child's removal from his or her home or the efforts
made to rectify the conditions that caused the child's removal from
his or her home. The report shall include all of the following:
(a) If services were provided to the child and his or her
parent, guardian, or custodian, the services, including in-home
services, that were provided.
(b) If services were not provided to the child and his or her
parent, guardian, or custodian, the reasons why services were not
provided.
(c) Likely harm to the child if the child were to be separated
from his or her parent, guardian, or custodian.
(d) Likely harm to the child if the child were to be returned
to his or her parent, guardian, or custodian.
(2) Before the court enters an order of disposition in a
proceeding under section 2(b) of this chapter, the agency shall
prepare a case service plan that shall be available to the court
and all the parties to the proceeding.
(3) The case service plan shall provide for placing the child
in the most family-like setting available and in as close proximity
to the child's parents' home as is consistent with the child's best
interests and special needs. The case service plan shall include,
but is not limited to, the following:
(a) The type of home or institution in which the child is to
be placed and the reasons for the selected placement.
(b) Efforts to be made by the child's parent to enable the
child to return to his or her home.
(c) Efforts to be made by the agency to return the child to
his or her home.
(d) Schedule of services to be provided to the parent, child,
and if the child is to be placed in foster care, the foster parent,
to facilitate the child's return to his or her home or to
facilitate the child's permanent placement.
(e) Except as otherwise provided in this subdivision, unless
parenting time, even if supervised, would be harmful to the child
as determined by the court under section 13a of this chapter or
otherwise, a schedule for regular and frequent parenting time
between the child and his or her parent, which shall not be less
than once every 7 days.
(f) Conditions that would limit or preclude placement or
parenting time with a parent who is required by court order to
register under the sex offenders registration act.
(4) Before the court enters an order of disposition, the court
shall consider the case service plan; any written or oral
information offered concerning the child from the child's parent,
guardian, custodian, foster parent, child caring institution,
relative with whom the child is placed, lawyer-guardian ad litem,
attorney, or guardian ad litem; and any other evidence offered,
including the appropriateness of parenting time, which information
or evidence bears on the disposition. The order of disposition
shall state whether reasonable efforts have been made to prevent
the child's removal from his or her home or to rectify the
conditions that caused the child's removal from his or her home.
The court may order compliance with all or any part of the case
service plan as the court considers necessary.
(5) If a child continues in placement outside of the child's
home, the case service plan shall be updated and revised at 90-day
intervals as required by the rules promulgated under 1973 PA 116,
MCL 722.111 to 722.128. The agency shall consult with the foster
parents
when it updates and revises the case service plan , and
shall attach a statement summarizing the information received from
the foster parents to the updated and revised case service plan.
Updated and revised case service plans shall be available to the
court and all the parties to the proceeding. Within 10 days after
receipt of a written request, the agency shall provide the person
who is providing the foster care with the information itemized in
section 13a(14) of this chapter.
(6) To ensure that the case service plan addresses the child's
medical
needs in relation to abuse and neglect, the department of
human
services shall review a child's
case with the child's
attending physician of record during a hospitalization or with the
child's primary care physician, but only if a physician has
diagnosed the child's abuse or neglect as involving 1 or more of
the following:
(a) Failure to thrive.
(b) Munchausen syndrome by proxy.
(c) Shaken baby syndrome.
(d) A bone fracture that is diagnosed as being the result of
abuse or neglect.
(e) Drug exposure.
(7) If a child is placed outside of his or her home and the
department
of human services is required to review the child's case
with a physician under subsection (6), then in a judicial
proceeding to determine if the child is to be returned to his or
her home, the court must allow the child's attending physician of
record during a hospitalization or the child's primary care
physician to testify regarding the case service plan. The court
shall notify each physician of the hearing's time and place.
Sec. 18k. (1) An individual shall provide samples for chemical
testing for DNA identification profiling or a determination of the
sample's genetic markers and shall provide samples for chemical
testing for a determination of his or her secretor status if any of
the following apply:
(a) The individual is arrested for committing or attempting to
commit an offense that would be a felony if committed by an adult.
(b) The individual is convicted of, or found responsible for,
a felony or attempted felony, or any of the following misdemeanors,
or local ordinances that are substantially corresponding to the
following misdemeanors:
(i) A violation of section 167(1)(c), (f), or (i) of the
Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person by
window peeping, engaging in indecent or obscene conduct in public,
or loitering in a house of ill fame or prostitution.
(ii) A violation of section 335a(1) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, indecent exposure.
(iii) A violation punishable under section 451(1) or (2) of
the Michigan penal code, 1931 PA 328, MCL 750.451, first and second
prostitution violations.
(2) Notwithstanding subsection (1), if at the time the
individual is arrested for the offense the investigating law
enforcement agency or the department of state police already has a
sample from the individual that meets the requirements of the DNA
identification profiling system act, 1990 PA 250, MCL 28.171 to
28.176, the individual is not required to provide another sample or
pay the assessment required under subsection (4).
(3) The samples required to be collected under this section
shall be collected by the investigating law enforcement agency and
transmitted by the investigating law enforcement agency to the
department of state police in the manner prescribed under the DNA
identification profiling system act, 1990 PA 250, MCL 28.171 to
28.176, when a petition is filed or the court issues a summons.
(4) The court shall order each individual found responsible
for or convicted of 1 or more crimes listed in subsection (1) to
pay an assessment of $60.00. The assessment required under this
subsection is in addition to any fine, costs, or other assessments
imposed by the court.
(5) An assessment required under subsection (4) shall be
ordered
upon the record , and
shall be listed separately in the
adjudication order, judgment of sentence, or order of probation.
(6) After reviewing a verified petition by an individual
against whom an assessment is imposed under subsection (4), the
court may suspend payment of all or part of the assessment if it
determines the individual is unable to pay the assessment.
(7) The court that imposes the assessment prescribed under
subsection (4) may retain 10% of all assessments or portions of
assessments collected for costs incurred under this section and
shall transmit that money to its funding unit. On the last day of
each month, the clerk of the court shall transmit the assessments
or portions of assessments collected under this section as follows:
(a) Twenty-five percent to the county sheriff or other
investigating law enforcement agency that collected the DNA sample
as designated by the court to defray the costs of collecting DNA
samples.
(b) Sixty-five percent to the state treasurer for deposit in
the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181.
(8)
The department of human services or a county juvenile
agency, investigating law enforcement agency, prosecuting agency,
or court that has in its possession a DNA identification profile
obtained from a sample of an individual arrested for an offense
described in subsection (1) shall forward the DNA identification
profile to the department of state police when a petition is filed
or the court issues a summons unless the department of state police
already has a DNA identification profile of the individual.
(9) As used in this section:
(a) "DNA identification profile" and "DNA identification
profiling" mean those terms as defined in section 2 of the DNA
identification profiling system act, 1990 PA 250, MCL 28.172.
(b) "Felony" means a violation of a penal law of this state
for which the offender may be punished by imprisonment for more
than 1 year or an offense expressly designated by law to be a
felony.
(c) "Investigating law enforcement agency" means the law
enforcement agency responsible for the investigation of the offense
for which the individual is arrested, convicted, or found
responsible. Investigating law enforcement agency does not include
a probation officer employed by the department of corrections.
(d) "Sample" means a portion of an individual's blood, saliva,
or tissue collected from the individual.
Sec. 18s. (1) If the juvenile is incompetent to proceed but
the court finds that the juvenile may be restored to competency in
the foreseeable future, 1 of the following applies:
(a) If the offense is a traffic offense or a misdemeanor other
than a serious misdemeanor, the matter shall be dismissed.
(b) If the offense is a serious misdemeanor, the court may
dismiss the matter or suspend the proceedings against the juvenile.
(c) If the offense is a felony, the proceedings against the
juvenile shall be further suspended.
(2) If proceedings are suspended because the juvenile is
incompetent to proceed but the court finds that the juvenile may be
restored to competency in the foreseeable future, all of the
following apply:
(a) Before issuing a restoration order, the court shall hold a
hearing to determine the least restrictive environment for
completion of the restoration.
(b) The court may issue a restoration order that is valid for
60 days from the date of the initial finding of incompetency or
until 1 of the following occurs, whichever occurs first:
(i) The qualified juvenile forensic mental health examiner,
based on information provided by the qualified restoration
provider, submits a report that the juvenile has regained
competency or that there is no substantial probability that the
juvenile will regain competency within the period of the order.
(ii) The charges are dismissed.
(iii) The juvenile reaches 18 years of age.
(c) Following issuance of the restoration order, the qualified
restoration provider shall submit a report to the court and the
qualified juvenile forensic mental health examiner that includes
the information required under section 18p of this chapter. The
report shall be submitted to the court and the qualified juvenile
forensic mental health examiner every 30 days, or sooner if and at
the time either of the following occurs:
(i) The qualified restoration provider determines that the
juvenile is no longer incompetent to proceed.
(ii) The qualified restoration provider determines that there
is no substantial probability that the juvenile will be competent
to proceed within the period of the order.
(3) Not later than 14 days before the expiration of the
initial 60-day order, the qualified restoration provider may
recommend to the court and the qualified juvenile forensic mental
health examiner that the restoration order be renewed by the court
for another 60 days, if there is a substantial probability that the
juvenile will not be incompetent to proceed within the period of
that renewed restoration order. The restoration order and any
renewed restoration order shall not exceed a total of 120 days.
(4) Except as otherwise provided in this section, upon receipt
of a report that there is a substantial probability that the
juvenile will remain incompetent to proceed for the foreseeable
future or within the period of the restoration order, the court
shall do both of the following:
(a) Determine custody of the juvenile as follows:
(i) The court may direct that civil commitment proceedings be
initiated, as allowed under section 498d of the mental health code,
MCL 330.1498d.
(ii) If the court determines that commitment proceedings are
inappropriate, the juvenile shall be released to the juvenile's
parent, legal guardian, or legal custodian under conditions
considered appropriate to the court.
(b) Dismiss the charges against the juvenile.
(5) Upon receipt of a report from a qualified juvenile
forensic mental health examiner that there is a substantial
probability that the juvenile is unable to be restored due to
serious emotional disturbance, the court may in its discretion,
except as provided under the youth rehabilitation services act,
1974 PA 150, MCL 803.301 to 803.309, order that mental health
services
be provided to the juvenile by the department, of
community
health, subject to the availability
of inpatient care, a
community
mental health services program, the department of human
services,
a county department, of
human services, or another
appropriate mental health services provider for a period not to
exceed 60 days. The court shall retain jurisdiction over the
juvenile throughout the duration of the order. The entity ordered
to provide services under this subsection shall continue to provide
services for the duration of the period of treatment ordered by the
court.
(6) Not later than 14 days before the expiration of an order
for treatment under this subsection or subsection (5), the entity
providing mental health services under that order shall submit a
report to the court and the qualified juvenile forensic mental
health examiner regarding the juvenile. Upon receipt of the report,
the court shall review the report and do either of the following:
(a) Renew the order for another period of treatment not to
exceed 60 days. The order for treatment and any renewed order shall
not exceed a total of 120 days.
(b) Determine custody of the juvenile and dismiss the charges
against the juvenile.
(7)
The department of community health shall maintain a record
of the number of juveniles for whom the court ordered that mental
health services be provided under subsection (5) or (6).
Sec. 19a. (1) Subject to subsection (2), if a child remains in
foster care and parental rights to the child have not been
terminated, the court shall conduct a permanency planning hearing
within 12 months after the child was removed from his or her home.
Subsequent permanency planning hearings shall be held no later than
every 12 months after each preceding permanency planning hearing
during the continuation of foster care. If proper notice for a
permanency planning hearing is provided, a permanency planning
hearing may be combined with a review hearing held under section
19(2) to (4) of this chapter, but no later than 12 months from the
removal of the child from his or her home, from the preceding
permanency planning hearing, or from the number of days required
under subsection (2). A permanency planning hearing shall not be
canceled or delayed beyond the number of months required by this
subsection or days as required under subsection (2), regardless of
whether there is a petition for termination of parental rights
pending.
(2) The court shall conduct a permanency planning hearing
within 30 days after there is a judicial determination that
reasonable efforts to reunite the child and family are not
required. Reasonable efforts to reunify the child and family must
be made in all cases except if any of the following apply:
(a) There is a judicial determination that the parent has
subjected the child to aggravated circumstances as provided in
section 18(1) and (2) of the child protection law, 1975 PA 238, MCL
722.638.
(b) The parent has been convicted of 1 or more of the
following:
(i) Murder of another child of the parent.
(ii) Voluntary manslaughter of another child of the parent.
(iii) Aiding or abetting in the murder of another child of the
parent or voluntary manslaughter of another child of the parent,
the attempted murder of the child or another child of the parent,
or the conspiracy or solicitation to commit the murder of the child
or another child of the parent.
(iv) A felony assault that results in serious bodily injury to
the child or another child of the parent.
(c) The parent has had rights to the child's siblings
involuntarily terminated.
(d) The parent is required by court order to register under
the sex offenders registration act.
(3) A permanency planning hearing shall be conducted to review
the status of the child and the progress being made toward the
child's return home or to show why the child should not be placed
in the permanent custody of the court. The court shall obtain the
child's views regarding the permanency plan in a manner that is
appropriate to the child's age. In the case of a child who will not
be returned home, the court shall consider in-state and out-of-
state
placement options. In the case of a child placed out-of-
state,
out of state, the court shall determine whether the out-of-
state placement continues to be appropriate and in the child's best
interests. The court shall ensure that the agency is providing
appropriate services to assist a child who will transition from
foster care to independent living.
(4) Not less than 14 days before a permanency planning
hearing, written notice of the hearing and a statement of the
purposes of the hearing, including a notice that the hearing may
result in further proceedings to terminate parental rights, shall
be served upon all of the following:
(a) The agency. The agency shall advise the child of the
hearing if the child is 11 years of age or older.
(b) The foster parent or custodian of the child.
(c) If the parental rights to the child have not been
terminated, the child's parents.
(d) If the child has a guardian, the guardian for the child.
(e) If the child has a guardian ad litem, the guardian ad
litem for the child.
(f) If tribal affiliation has been determined, the elected
leader of the Indian tribe.
(g) The attorney for the child, the attorneys for each party,
and the prosecuting attorney if the prosecuting attorney has
appeared in the case.
(h) If the child is 11 years of age or older, the child.
(i) Other persons as the court may direct.
(5) If parental rights to the child have not been terminated
and the court determines at a permanency planning hearing that the
return of the child to his or her parent would not cause a
substantial risk of harm to the child's life, physical health, or
mental well-being, the court shall order the child returned to his
or her parent. In determining whether the return of the child would
cause a substantial risk of harm to the child, the court shall view
the failure of the parent to substantially comply with the terms
and conditions of the case service plan prepared under section 18f
of this chapter as evidence that return of the child to his or her
parent would cause a substantial risk of harm to the child's life,
physical health, or mental well-being. In addition to considering
conduct of the parent as evidence of substantial risk of harm, the
court shall consider any condition or circumstance of the child
that may be evidence that a return to the parent would cause a
substantial risk of harm to the child's life, physical health, or
mental well-being.
(6) If the court determines at a permanency planning hearing
that a child should not be returned to his or her parent, the court
may order the agency to initiate proceedings to terminate parental
rights. Except as otherwise provided in this subsection, if the
child has been in foster care under the responsibility of the state
for 15 of the most recent 22 months, the court shall order the
agency to initiate proceedings to terminate parental rights. The
court is not required to order the agency to initiate proceedings
to terminate parental rights if 1 or more of the following apply:
(a) The child is being cared for by relatives.
(b) The case service plan documents a compelling reason for
determining that filing a petition to terminate parental rights
would not be in the best interest of the child. Compelling reasons
for not filing a petition to terminate parental rights include, but
are not limited to, all of the following:
(i) Adoption is not the appropriate permanency goal for the
child.
(ii) No grounds to file a petition to terminate parental
rights exist.
(iii) The child is an unaccompanied refugee minor as defined
in 45 CFR 400.11.
(iv) There are international legal obligations or compelling
foreign policy reasons that preclude terminating parental rights.
(c) The state has not provided the child's family, consistent
with the time period in the case service plan, with the services
the state considers necessary for the child's safe return to his or
her home, if reasonable efforts are required.
(7) If the agency demonstrates under subsection (6) that
initiating the termination of parental rights to the child is
clearly not in the child's best interests, or the court does not
order the agency to initiate termination of parental rights to the
child under subsection (6), then the court shall order 1 or more of
the following alternative placement plans:
(a) If the court determines that other permanent placement is
not possible, the child's placement in foster care shall continue
for a limited period to be stated by the court.
(b) If the court determines that it is in the child's best
interests based upon compelling reasons, the child's placement in
foster care may continue on a long-term basis.
(c) Subject to subsection (9), if the court determines that it
is in the child's best interests, appoint a guardian for the child,
which guardianship may continue until the child is emancipated.
(8) A guardian appointed under subsection (7)(c) has all of
the powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(9) If a child is placed in a guardian's or a proposed
guardian's home under subsection (7)(c), the court shall order the
department
of human services to perform an investigation and file a
written report of the investigation for a review under subsection
(10)
and the court shall order the department of human services to
do all of the following:
(a) Perform a criminal record check within 7 days.
(b) Perform a central registry clearance within 7 days.
(c) Perform a home study and file a copy of the home study
with the court within 30 days unless a home study has been
performed within the immediately preceding 365 days, under section
13a(10) of this chapter. If a home study has been performed within
the immediately preceding 365 days, a copy of that home study shall
be submitted to the court.
(10) The court's jurisdiction over a juvenile under section
2(b) of this chapter shall be terminated after the court appoints a
guardian under this section and conducts a review hearing under
section 19 of this chapter, unless the juvenile is released sooner
by the court.
(11) The court's jurisdiction over a guardianship created
under this section shall continue until released by court order.
The court shall review a guardianship created under this section
annually and may conduct additional reviews as the court considers
necessary.
The court may order the department of human services or
a court employee to conduct an investigation and file a written
report of the investigation.
(12) In making the determinations under this section, the
court shall consider any written or oral information concerning the
child from the child's parent, guardian, custodian, foster parent,
child caring institution, relative with whom the child is placed,
or guardian ad litem in addition to any other evidence, including
the appropriateness of parenting time, offered at the hearing.
(13) The court may, on its own motion or upon petition from
the
department of human services or the child's lawyer guardian ad
litem, hold a hearing to determine whether a guardianship appointed
under this section shall be revoked.
(14) A guardian may petition the court for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(15) After notice and hearing on a petition for revocation or
permission to terminate the guardianship, if the court finds by a
preponderance of evidence that continuation of the guardianship is
not in the child's best interests, the court shall revoke or
terminate the guardianship and appoint a successor guardian or
restore
temporary legal custody to the department. of human
services.
Sec. 19c. (1) Except as provided in section 19(4) of this
chapter and subject to subsection (14), if a child remains in
placement following the termination of parental rights to the
child, the court shall conduct a review hearing not more than 91
days after the termination of parental rights and no later than
every 91 days after that hearing for the first year following
termination of parental rights to the child. If a child remains in
a placement for more than 1 year following termination of parental
rights to the child, a review hearing shall be held no later than
182 days from the immediately preceding review hearing before the
end of the first year and no later than every 182 days from each
preceding review hearing thereafter until the case is dismissed. A
review hearing under this subsection shall not be canceled or
delayed beyond the number of days required in this subsection,
regardless of whether any other matters are pending. Upon motion by
any party or in the court's discretion, a review hearing may be
accelerated to review any element of the case. The court shall
conduct the first permanency planning hearing within 12 months from
the date that the child was originally removed from the home.
Subsequent permanency planning hearings shall be held within 12
months of the preceding permanency planning hearing. If proper
notice for a permanency planning hearing is provided, a permanency
planning hearing may be combined with a review hearing held under
section 19(2) to (4) of this chapter. A permanency planning hearing
under this section shall not be canceled or delayed beyond the
number of months required in this subsection, regardless of whether
any other matters are pending. At a hearing under this section, the
court shall review all of the following:
(a) The appropriateness of the permanency planning goal for
the child.
(b) The appropriateness of the child's placement.
(c) The reasonable efforts being made to place the child for
adoption or in other permanent placement in a timely manner.
(2) Subject to subsection (3), if the court determines that it
is in the child's best interests, the court may appoint a guardian
for the child.
(3) The court shall not appoint a guardian for the child
without the written consent of the MCI superintendent or his or her
designee. The MCI superintendent or his or her designee shall
consult with the child's lawyer guardian ad litem when considering
whether to grant written consent.
(4) If a person believes that the decision to withhold the
consent required in subsection (3) is arbitrary or capricious, the
person may file a motion with the court. A motion under this
subsection shall contain information regarding both of the
following:
(a) The specific steps taken by the person to obtain the
consent required and the results, if any.
(b) The specific reasons why the person believes that the
decision to withhold consent was arbitrary or capricious.
(5) If a motion is filed under subsection (4), the court shall
set a hearing date and provide notice to the MCI superintendent,
the foster parents, the prospective guardian, the child, and the
child's lawyer guardian ad litem.
(6) Subject to subsection (8), if a hearing is held under
subsection (5) and the court finds by clear and convincing evidence
that the decision to withhold consent was arbitrary or capricious,
the court may approve the guardianship without the consent of the
MCI superintendent.
(7) A guardian appointed under this section has all of the
powers and duties set forth under section 15 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5215.
(8) If a child is placed in a guardian's or a proposed
guardian's home under subsection (2) or (6), the court shall order
the
department of human services to perform an investigation and
file a written report of the investigation for a review under
subsection
(10) and the court shall order the department of human
services
to do all of the following:
(a) Perform a criminal record check within 7 days.
(b) Perform a central registry clearance within 7 days.
(c) Perform a home study and file a copy of the home study
with the court within 30 days unless a home study has been
performed within the immediately preceding 365 days, under section
13a(10) of this chapter. If a home study has been performed within
the immediately preceding 365 days, a copy of that home study shall
be submitted to the court.
(9) The court's jurisdiction over a juvenile under section
2(b) of this chapter and the jurisdiction of the Michigan
children's institute under section 3 of 1935 PA 220, MCL 400.203,
shall be terminated after the court appoints a guardian under this
section and conducts a review hearing under section 19 of this
chapter, unless the juvenile is released sooner by the court.
(10) The court's jurisdiction over a guardianship created
under this section shall continue until released by court order.
The court shall review a guardianship created under this section
annually and may conduct additional reviews as the court considers
necessary.
The court may order the department of human services or
a court employee to conduct an investigation and file a written
report of the investigation.
(11) The court may, on its own motion or upon petition from
the
department of human services or the child's lawyer guardian ad
litem, hold a hearing to determine whether a guardianship appointed
under this section shall be revoked.
(12) A guardian may petition the court for permission to
terminate the guardianship. A petition may include a request for
appointment of a successor guardian.
(13) After notice and hearing on a petition for revocation or
permission to terminate the guardianship, if the court finds by a
preponderance of evidence that continuation of the guardianship is
not in the child's best interests, the court shall revoke or
terminate the guardianship and appoint a successor guardian or
commit the child to the Michigan children's institute under section
3 of 1935 PA 220, MCL 400.203.
(14) This section applies only to a child's case in which
parental rights to the child were either terminated as the result
of a proceeding under section 2(b) of this chapter or a similar law
of another state or terminated voluntarily following the initiation
of a proceeding under section 2(b) of this chapter or a similar law
of another state. This section applies as long as the child is
subject to the jurisdiction, control, or supervision of the court
or of the Michigan children's institute or other agency.
Sec. 28. (1) Before June 1, 1988, the court shall maintain
records of all cases brought before it and as provided in the
juvenile diversion act. The records shall be open only by court
order to persons having a legitimate interest, except that
diversion records shall be open only as provided in the juvenile
diversion act.
(2) Beginning June 1, 1988, the court shall maintain records
of all cases brought before it and as provided in the juvenile
diversion act. Except as otherwise provided in this subsection,
records of a case brought before the court shall be open to the
general public. Diversion records shall be open only as provided in
the juvenile diversion act. Except as otherwise provided in section
49 of the crime victim's rights act, 1985 PA 87, MCL 780.799, if
the hearing of a case brought before the court is closed under
section 17 of this chapter, the records of that hearing shall be
open only by court order to persons having a legitimate interest.
(3) If the court issues an order in respect to payments by a
parent under section 18(2) of this chapter, a copy shall be mailed
to the department of treasury. Action taken against parents or
adults shall not be released for publicity unless the parents or
adults are found guilty of contempt of court. The court shall
furnish
the family independence agency department
and a county
juvenile agency with reports of the administration of the court in
a form recommended by the Michigan association of probate and
juvenile court judges. Copies of these reports shall, upon request,
be
made available to other state departments by the family
independence
agency.department.
(4) As used in this section:
(a) "Juvenile diversion act" means the juvenile diversion act,
1988 PA 13, MCL 722.821 to 722.831.
(b) "Persons having a legitimate interest" includes a member
of a local foster care review board established under 1984 PA 422,
MCL 722.131 to 722.139a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.