Bill Text: MI SB0997 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
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.