Bill Text: MI SB0997 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Family law; parenting time; regular and frequent parenting time for foster children; provide for. Amends secs. 13a & 18, ch. XIIA of 1939 PA 288 (MCL 712A.13a & 712A.18).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-12-04 - Referred To Committee On Judiciary [SB0997 Detail]

Download: Michigan-2013-SB0997-Engrossed.html

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SB-0997, As Passed Senate, December 4, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 997

 

 

June 12, 2014, Introduced by Senators JONES and MARLEAU and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and

 

712A.18), section 13a as amended by 2012 PA 163 and section 18 as

 

amended by 2011 PA 295.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIIA

 

     Sec. 13a. (1) As used in this section and sections 2, 6b, 13b,

 

17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter:

 

     (a) "Agency" means a public or private organization,

 

institution, or facility that is performing the functions under

 

part D of title IV of the social security act, 42 USC 651 to 669b,

 

or that is responsible under court order or contractual arrangement

 

for a juvenile's care and supervision.

 

     (b) "Agency case file" means the current file from the agency

 

providing direct services to the child, that can include the child

 

protective services file if the child has not been removed from the

 

home or the department of human services or contract agency foster

 

care file as defined provided under 1973 PA 116, MCL 722.111 to

 

722.128.

 

     (c) "Attorney" means, if appointed to represent a child in a

 

proceeding under section 2(b) or (c) of this chapter, an attorney

 

serving as the child's legal advocate in a traditional attorney-

 

client relationship with the child, as governed by the Michigan

 

rules of professional conduct. An attorney defined under this

 

subdivision owes the same duties of undivided loyalty,

 

confidentiality, and zealous representation of the child's

 

expressed wishes as the attorney would to an adult client. For the

 

purpose of a notice required under these sections, attorney

 

includes a child's lawyer-guardian ad litem.

 

     (d) "Case service plan" means the plan developed by an agency

 

and prepared under section 18f of this chapter that includes

 

services to be provided by and responsibilities and obligations of

 

the agency and activities, responsibilities, and obligations of the

 

parent. The case service plan may be referred to using different

 

names than case service plan including, but not limited to, a

 

parent/agency agreement or a parent/agency treatment plan and

 

service agreement.

 

     (e) "Foster care" means care provided to a juvenile in a

 

foster family home, foster family group home, or child caring

 

institution licensed or approved under 1973 PA 116, MCL 722.111 to

 

722.128, or care provided to a juvenile in a relative's home under

 

a court order.

 

     (f) "Guardian ad litem" means an individual whom the court

 

appoints to assist the court in determining the child's best

 

interests. A guardian ad litem does not need to be an attorney.

 

     (g) "Lawyer-guardian ad litem" means an attorney appointed

 

under section 17c of this chapter. A lawyer-guardian ad litem

 

represents the child, and has the powers and duties, as set forth

 

in section 17d of this chapter. The provisions of section 17d of

 

this chapter also apply to a lawyer-guardian ad litem appointed

 

under each of the following:

 

     (i) Section 5213 or 5219 of the estates and protected

 

individuals code, 1998 PA 386, MCL 700.5213 and 700.5219.

 

     (ii) Section 4 of the child custody act of 1970, 1970 PA 91,

 

MCL 722.24.

 

     (iii) Section 10 of the child protection law, 1975 PA 238, MCL

 

722.630.

 

     (h) "Nonparent adult" means a person who is 18 years of age or

 

older and who, regardless of the person's domicile, meets all of

 

the following criteria in relation to a child over whom the court

 

takes jurisdiction under this chapter:

 

     (i) Has substantial and regular contact with the child.

 

     (ii) Has a close personal relationship with the child's parent

 

or with a person responsible for the child's health or welfare.

 

     (iii) Is not the child's parent or a person otherwise related to

 

the child by blood or affinity to the third degree.

 

     (i) "Permanent foster family agreement" means an agreement for

 

a child 14 years old or older to remain with a particular foster

 

family until the child is 18 years old under standards and

 

requirements established by the department of human services, which

 

agreement is among all of the following:

 

     (i) The child.

 

     (ii) If the child is a temporary ward, the child's family.

 

     (iii) The foster family.

 

     (iv) The child placing agency responsible for the child's care

 

in foster care.

 

     (j) "Relative" means an individual who is at least 18 years of

 

age and related to the child by blood, marriage, or adoption, as

 

grandparent, great-grandparent, great-great-grandparent, aunt or

 

uncle, great-aunt or great-uncle, great-great-aunt or great-great-

 

uncle, sibling, stepsibling, nephew or niece, first cousin or first

 

cousin once removed, and the spouse of any of the above, even after

 

the marriage has ended by death or divorce. A child may be placed

 

with the parent of a man whom the court has found probable cause to

 

believe is the putative father if there is no man with legally

 

established rights to the child. A placement with the parent of a

 

putative father under this subdivision is not to be construed as a

 

finding of paternity or to confer legal standing on the putative

 

father.

 

     (k) "Sex offenders registration act" means the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.736.

 

     (2) If a juvenile is alleged to be within the provisions of

 

section 2(b) of this chapter, the court may authorize a petition to

 

be filed at the conclusion of the preliminary hearing or inquiry.

 

The court may authorize the petition upon a showing of probable

 

cause that 1 or more of the allegations in the petition are true

 

and fall within the provisions of section 2(b) of this chapter. If

 

a petition is before the court because the department of human

 

services is required to submit the petition under section 17 of the

 

child protection law, 1975 PA 238, MCL 722.637, the court shall

 

hold a hearing on the petition within 24 hours or on the next

 

business day after the petition is submitted, at which hearing the

 

court shall consider at least the matters governed by subsections

 

(4) and (5).

 

     (3) Except as provided in subsections (5) and (6), if a

 

petition under subsection (2) is authorized, the court may release

 

the juvenile in the custody of either of the juvenile's parents or

 

the juvenile's guardian or custodian under reasonable terms and

 

conditions necessary for either the juvenile's physical health or

 

mental well-being.

 

     (4) The court may order a parent, guardian, custodian,

 

nonparent adult, or other person residing in a child's home to

 

leave the home and, except as the court orders, not to subsequently

 

return to the home if all of the following take place:

 

     (a) A petition alleging abuse of the child by the parent,

 

guardian, custodian, nonparent adult, or other person is authorized

 

under subsection (2).

 

     (b) The court after a hearing finds probable cause to believe

 

the parent, guardian, custodian, nonparent adult, or other person

 

committed the abuse.

 

     (c) The court finds on the record that the presence in the

 

home of the person alleged to have committed the abuse presents a

 

substantial risk of harm to the child's life, physical health, or

 

mental well-being.

 

     (5) If a petition alleges abuse by a person described in

 

subsection (4), regardless of whether the court orders the alleged

 

abuser to leave the child's home under subsection (4), the court

 

shall not leave the child in or return the child to the child's

 

home or place the child with a person not licensed under 1973 PA

 

116, MCL 722.111 to 722.128, unless the court finds that the

 

conditions of custody at the placement and with the individual with

 

whom the child is placed are adequate to safeguard the child from

 

the risk of harm to the child's life, physical health, or mental

 

well-being.

 

     (6) If a court finds a parent is required by court order to

 

register under the sex offenders registration act, the department

 

of human services may, but is not required to, make reasonable

 

efforts to reunify the child with the parent. The court may order

 

reasonable efforts to be made by the department of human services.

 

     (7) In determining whether to enter an order under subsection

 

(4), the court may consider whether the parent who is to remain in

 

the juvenile's home is married to the person to be removed or has a

 

legal right to retain possession of the home.

 

     (8) An order entered under subsection (4) may also contain 1

 

or more of the following terms or conditions:

 

     (a) The court may require the alleged abusive parent to pay

 

appropriate support to maintain a suitable home environment for the

 

juvenile during the duration of the order.

 

     (b) The court may order the alleged abusive person, according

 

to terms the court may set, to surrender to a local law enforcement

 

agency any firearms or other potentially dangerous weapons the

 

alleged abusive person owns, possesses, or uses.

 

     (c) The court may include any reasonable term or condition

 

necessary for the juvenile's physical or mental well-being or

 

necessary to protect the juvenile.

 

     (9) The court may order placement of the child in foster care

 

if the court finds all of the following conditions:

 

     (a) Custody of the child with the parent presents a

 

substantial risk of harm to the child's life, physical health, or

 

mental well-being.

 

     (b) No provision of service or other arrangement except

 

removal of the child is reasonably available to adequately

 

safeguard the child from risk as described in subdivision (a).

 

     (c) Continuing the child's residence in the home is contrary

 

to the child's welfare.

 

     (d) Consistent with the circumstances, reasonable efforts were

 

made to prevent or eliminate the need for removal of the child.

 

     (e) Conditions of child custody away from the parent are

 

adequate to safeguard the child's health and welfare.

 

     (10) If the court orders placement of the juvenile outside the

 

juvenile's home, the court shall inform the parties of the

 

following:

 

     (a) That the agency has the responsibility to prepare an

 

initial services plan within 30 days of the juvenile's placement.

 

     (b) The general elements of an initial services plan as

 

required by the rules promulgated under 1973 PA 116, MCL 722.111 to

 

722.128.

 

     (c) That participation in the initial services plan is

 

voluntary without a court order.

 

     (11) Before or within 7 days after a child is placed in a

 

relative's home, the department of human services shall perform a

 

criminal record check and central registry clearance. If the child

 

is placed in the home of a relative, the court shall order a home

 

study to be performed and a copy of the home study to be submitted

 

to the court not more than 30 days after the placement.

 

     (12) In determining placement of a juvenile pending trial, the

 

court shall order the juvenile placed in the most family-like

 

setting available consistent with the juvenile's needs.

 

     (13) If a juvenile is removed from his or her home, the

 

parent's custody at any time, the court shall permit the juvenile's

 

parent to have frequent parenting time with the juvenile. If Unless

 

the court determines that parenting time, even if supervised, may

 

be harmful to the juvenile, the juvenile's life, physical health,

 

or mental well-being, parenting time between the juvenile and his

 

or her parent shall be regular and frequent and not less than 1

 

time every 7 days. If the court determines that parenting time,

 

even if supervised, may be harmful to the juvenile's life, physical

 

health, or mental well-being, the court may suspend parenting time

 

until the risk of harm no longer exists. The court shall may order

 

the child juvenile to have a psychological evaluation or

 

counseling, or both, to determine the appropriateness and the

 

conditions of parenting time. The court may suspend parenting time

 

while the psychological evaluation or counseling is conducted.

 

     (14) Upon the motion of any party, the court shall review

 

custody and placement orders and initial services plans pending

 

trial and may modify those orders and plans as the court considers

 

under this section are in the juvenile's best interests.

 

     (15) The court shall include in an order placing a child in

 

foster care an order directing the release of information

 

concerning the child in accordance with this subsection. If a child

 

is placed in foster care, within 10 days after receipt of a written

 

request, the agency shall provide the person who is providing the

 

foster care with copies of all initial, updated, and revised case

 

service plans and court orders relating to the child and all of the

 

child's medical, mental health, and education reports, including

 

reports compiled before the child was placed with that person.

 

     (16) In an order placing a child in foster care, the court

 

shall include both of the following:

 

     (a) An order that the child's parent, guardian, or custodian

 

provide the supervising agency with the name and address of each of

 

the child's medical providers.

 

     (b) An order that each of the child's medical providers

 

release the child's medical records. The order may specify

 

providers by profession or type of institution.

 

     (17) As used in this section, "abuse" means 1 or more of the

 

following:

 

     (a) Harm or threatened harm by a person to a juvenile's health

 

or welfare that occurs through nonaccidental physical or mental

 

injury.

 

     (b) Engaging in sexual contact or sexual penetration as

 

defined in section 520a of the Michigan penal code, 1931 PA 328,

 

MCL 750.520a, with a juvenile.

 

     (c) Sexual exploitation of a juvenile, which includes, but is

 

not limited to, allowing, permitting, or encouraging a juvenile to

 

engage in prostitution or allowing, permitting, encouraging, or

 

engaging in photographing, filming, or depicting a juvenile engaged

 

in a listed sexual act as defined in section 145c of the Michigan

 

penal code, 1931 PA 328, MCL 750.145c.

 

     (d) Maltreatment of a juvenile.

 

     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. 600.1099a. The court also shall order, as a

 

condition of probation or supervision, that the juvenile shall pay

 

the minimum state cost prescribed by section 18m of this chapter.

 

     (c) If a juvenile is within the court's jurisdiction under

 

section 2(a) of this chapter, or under section 2(h) of this chapter

 

for a supplemental petition, place the juvenile in a suitable

 

foster care home subject to the court's supervision. If a juvenile

 

is within the court's jurisdiction under section 2(b) of this

 

chapter, the court shall not place a juvenile in a foster care home

 

subject to the court's supervision.

 

     (d) Except as otherwise provided in this subdivision, place

 

the juvenile in or commit the juvenile to a private institution or

 

agency approved or licensed by the department of consumer and

 

industry human 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 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 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.

 

     (n) In a proceeding under section 2(b) or (c) of this chapter,

 

if a juvenile is removed from the custody of a parent, the court

 

shall permit the juvenile's parent to have regular and frequent

 

parenting time that is not less than 1 time every 7 days. If the

 

court determines that parenting time, even if supervised, may be

 

harmful to the child, the court may suspend parenting time.

 

     (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, 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.