Bill Text: MI HB5770 | 2015-2016 | 98th Legislature | Introduced

Michigan House Bill 5770 (Prior Session Legislation)

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.

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.

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.

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.

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

(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.

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.

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.

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).

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

(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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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Bill Text: MI HB5770 | 2015-2016 | 98th Legislature | Introduced

Michigan House Bill 5770 (Prior Session Legislation)

HOUSE BILL No. 5770

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