Prior to the nineteenth birthday, the court must conduct a hearing to determine if a juvenile under the custody of the Michigan Family Independence Agency has been rehabilitated and does not pose a risk to public safety if released from custody. This legislation amends the probate code to shift the burden of proof from the agency to the juvenile to prove by a preponderance of the evidence that he or she has been rehabilitated and will not present a serious risk to the public if released from custody. The juvenile may use reports by the agency to meet the burden of proof. This legislation requires that parents attend all hearings involving their juvenile unless excused by the court for good cause. Failure to appear does not provide grounds for appeal by the juvenile, nor is it good cause for adjournment of the juvenile case.
Enforcement is through contempt and fines.
In addition, attempt, conspiracy or solicitation to commit one of the above specified offenses, or a lesser included offense of above specified charged offenses, or any other violation arising from the same transaction as a charged specified offense, also constitute a specified juvenile offense. Adult sentence limited to escape from a high or medium security facility operated by the Family Independence Agency or a privately run high security juvenile facility. These materials were used during the Update on the Juvenile Legislation Session. Because it provides a summary overview of the legislation, it may prove helpful to court personnel affected by the new legislation.