Bill Text: MI SB0682 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Juveniles: juvenile justice services; juvenile records; require to be confidential. Amends sec. 28, ch. XIIA of 1939 PA 288 (MCL 712A.28).
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2020-12-30 - Assigned Pa 0362'20 [SB0682 Detail]
Download: Michigan-2019-SB0682-Chaptered.html
Act No. 362
Public Acts of 2020
Approved by the Governor
January 4, 2021
Filed with the Secretary of State
January 4, 2021
EFFECTIVE DATE: March 24, 2021
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senators Lucido, Irwin, Bayer, Polehanki, Alexander, Chang, Geiss, Bullock, McMorrow and Santana
ENROLLED SENATE BILL No. 682
AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 28 of chapter XIIA (MCL 712A.28), as amended by 1998 PA 478.
The People of the State of Michigan enact:
CHAPTER XIIA
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 are open only by court order to persons having a legitimate interest, except that diversion records are 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, until December 31, 2020, records of a case brought before the court are open to the general public. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter 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 are open only by court order to persons having a legitimate interest.
(3) Beginning January 1, 2021, except as otherwise provided, records of a case brought before the court are not open to the general public and are open only to persons having a legitimate interest. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter 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 are open only by court order to persons having a legitimate interest.
(4) If the court issues an order in respect to payments by a parent under section 18(2) of this chapter, a copy must be mailed to the department of treasury. Action taken against parents or adults must not be released for publicity unless the parents or adults are found guilty of contempt of court. The court shall furnish the department and a county juvenile agency with reports of the administration of the court in a form recommended by the Michigan Probate Judges Association. Copies of these reports must, upon request, be made available to other state departments by the department.
(5) As used in this section:
(a) “Child placing agency” means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) “Indian child” and “Indian child’s tribe” mean those terms as defined in section 3 of the Michigan Indian family preservation act, chapter XIIB of the probate code of 1939, 1939 PA 288, MCL 712B.3.
(c) “Juvenile diversion act” means the juvenile diversion act, 1988 PA 13, MCL 722.821 to 722.831.
(d) “Persons having a legitimate interest” includes, but is not limited to, the juvenile, the juvenile’s parent, the juvenile’s guardian or legal custodian, the juvenile’s guardian ad litem, counsel for the juvenile, the department or a licensed child caring institution or child placing agency under contract with the department to provide for the juvenile’s care and supervision if related to an investigation of child neglect or child abuse, law enforcement personnel, a prosecutor, a member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a, the Indian child’s tribe if the juvenile is an Indian child, and a court of this state.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
