Any secure detention involved is incidental to the adjustment of the original disposition, rather than a new disposition imposed as a result of violating the court order. Under these circumstances, the federal regulations should not apply unless the original charge was a status offense. In all other cases, the juvenile has already been adjudicated on a criminal-type offense. Juveniles who have deserted lawful placements and are being returned. The federal regulatory procedures does not apply unless the juvenile is charged with contempt of court, secure detention is being sought as a disposition of the contempt charge.
Any secure detention is incidental to the original disposition.
The Michigan Juvenile Court rules are currently in the process of being reviewed, and a change has been suggested to clarify the court's authority to detain without additional charges for a limited period in order to accomplish a return to placement. It is the position of the Michigan Committee on Juvenile Justice that juveniles who are bound over to the adult district or municipal court or who are waived to the adult court by juvenile court should be treated alike whether they are waived by a juvenile court judge or bound over by or directly charged by a prosecutor, and may be jailed without sight or sound housing or pathway separation consideration. Questions have arisen about whether juveniles waived to adult court should be counted as juveniles or adults for purposes of jail monitoring. 4 of the Juvenile Code, may not be detained in a jail with adult prisoners pending trial, acquittal or conviction, or decision at a juvenile disposition hearing. Information from the State Court Administrative Office also reinforces the idea that judicially waived youths may be incarcerated in adult jails, but that juveniles waived as a result of prosecutorial action must be kept separate from adult prisoners.