reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.6b - Order Affecting Nonparent Adult.

712A.6b Order affecting nonparent adult.
Sec. 6b.
(1) The court may issue an order that affects a nonparent adult and that does 1 or more of the following:
(a) Requires the nonparent adult to participate in the development of a case service plan.
(b) Requires the nonparent adult to comply with a case service plan.
(c) Permanently removes the nonparent adult from the home of the child as provided in section 13a of this chapter.
(d) Permanently restrains the nonparent adult from coming into contact with or within close proximity of the child.
(2) Except as provided in subsection (3), a nonparent adult who violates an order issued under this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(3) A nonparent adult who violates an order issued under this section and who has 1 or more prior convictions for violating an order issued under this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(4) This section does not prohibit a nonparent adult from being charged with, convicted of, or punished for any other violation of law the nonparent adult commits while violating an order issued under this section.
(5) This section does not prohibit the court from exercising its criminal or civil contempt powers for a violation of an order issued under this section.
(6) This section does not in any manner affect the authority or jurisdiction of the court as provided in section 6.
History:
Add. 1998, Act 530, Eff. July 1, 1999
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.7 - Juvenile Division of Probate Court; Register of Probate; Appointment, Duties, Salary.

712A.7 Juvenile division of probate court; register of probate; appointment, duties, salary.
Sec. 7.
The judge of probate may appoint the register of probate, a deputy probate register, or clerk of his court as register of the juvenile division of the probate court. Such register of the juvenile division shall prepare all petitions for investigation, summons, writs and other necessary papers, and shall perform such duties as required by the judge of probate, and he shall exercise and be competent to do all acts required of the judge of probate, except judicial acts. Such register so appointed shall receive for his services under this chapter, in addition to his regular salary, such sum as the board of supervisors shall fix: Provided, however, That in counties having a population of 100,000, and not more than 350,000 inhabitants, according to the last federal census, the compensation shall be not less than $500.00 annually.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.7
Former Law:
See section 9 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911; Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.8 - County Agent; Creation of Office; Duties; Assistants.

712A.8 County agent; creation of office; duties; assistants.
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, 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.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.8 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 1998, Act 478, Eff. Jan. 12, 1999
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.9 - Probation Officers; Appointment, Compensation, Duties; Notification to Social Welfare Office.

712A.9 Probation officers; appointment, compensation, duties; notification to social welfare office.
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 appointment.
It shall be 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 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.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.9
Former Law:
See section 10 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911; Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.9a - Probation.

712A.9a Probation.
Sec. 9a.
If the court acting under section 18(1)(p) of this chapter imposes a sentence of probation in the same manner as probation could be imposed upon an adult convicted of the same offense for which the juvenile was convicted or enters an order of disposition delaying imposition of sentence and placing the juvenile on probation, the probation supervision and related services shall not be performed by employees of the department of corrections.
History:
Add. 1996, Act 244, Eff. Aug. 1, 1996 ;-- Am. 2020, Act 389, Eff. Apr. 4, 2021
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.10 - Designation of Probation Officer or County Agent as Referee; Duties of Referee.

712A.10 Designation of probation officer or county agent as referee; duties of referee.
Sec. 10.
(1) Except as otherwise provided in subsection (2) and sections 14, 14a, and 14b of this chapter, the judge may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and hearing the statements of parties upon the hearing of petitions alleging that a child is within the provisions of this chapter, if there is no objection by parties in interest. The probation officer or county agent designated to act as referee shall do all of the following:
(a) Take and subscribe the oath of office provided by the constitution.
(b) Administer oaths and examine witnesses.
(c) If a case requires a hearing and the taking of testimony, make a written signed report to the judge containing a summary of the testimony taken and a recommendation for the court's findings and disposition.
(2) If a child is before the court under section 2(a)(1) of this chapter, a probation officer or county agent who is not licensed to practice law in this state shall not be designated to act as a referee in any hearing for the child, except the preliminary inquiry or preliminary hearing. This subsection does not apply to a probation officer or county agent who has been designated to act as a referee by the judge before January 1, 1988 and who is acting as a referee as of January 1, 1988.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.10 ;-- Am. 1988, Act 92, Eff. June 1, 1988 ;-- Am. 2012, Act 163, Imd. Eff. June 12, 2012
Former Law:
See section 11 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911; Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.12 - Examination of Child; Hearing; Summons.

712A.12 Examination of child; hearing; summons.
Sec. 12.
After a petition shall have been filed and after such further investigation as the court may direct, in the course of which the court may order the child to be examined by a physician, dentist, psychologist or psychiatrist, the court may dismiss said petition or may issue a summons reciting briefly the substance of the petition, and requiring the person or persons who have the custody or control of the child, or with whom the child may be, to appear personally and bring the child before the court at a time and place stated: Provided, That the court in its discretion may excuse but not restrict children from attending the hearing. If the person so summoned shall be other than the parent or guardian of the child, then the parents or guardian, or both, shall also be notified of the petition and of the time and place appointed for the hearing thereon, by personal service before the hearing, except as hereinafter provided. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
Any interested party who shall voluntarily appear in said proceedings, may, by writing, waive service of process or notice of hearing.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.12
Former Law:
See section 17 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911, Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.13 - Service of Summons.

712A.13 Service of summons.
Sec. 13.
Service of summons may be made anywhere in the state personally by the delivery of true copies thereof to the persons summoned: Provided, That if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to their last known addresses, or by publication thereof, or both, as he may direct. It shall be sufficient to confer jurisdiction if (1) personal service is effected at least 72 hours before the date of hearing; (2) registered mail is mailed at least 5 days before the date of hearing if within the state or 14 days if outside of the state; (3) publication is made once in some newspaper printed and circulated in the county in which said court is located at least 1 week before the time fixed in the summons or notice for the hearing.
Service of summons, notices or orders required by this chapter may be made by any peace officer or by any other suitable person designated by the judge. The judge may, in his discretion, authorize the payment of necessary traveling expenses incurred by any person summoned or otherwise required to appear at the time of hearing of any case coming within the provisions of this chapter, and such expenses and the expenses of making service as above provided, when approved by the judge, shall be paid by the county treasurer from the general fund of the county.
If any person so summoned, as herein provided, shall fail without reasonable cause to appear before said court, he may be proceeded against for contempt of court and punished accordingly.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.13
Former Law:
See section 17 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911; Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.14a - Immediate Removal of Child Without Court Order; Conditions; Placement Order Pending Preliminary Hearing; Issuance of Placement Order by Designated Judge or Referee; "Officer" Defined.

712A.14a Immediate removal of child without court order; conditions; placement order pending preliminary hearing; issuance of placement order by designated judge or referee; "officer" defined.
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.
History:
Add. 2012, Act 163, Imd. Eff. June 12, 2012
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.14b - Ex Parte Order Authorizing Immediate Protective Custody of Child.

712A.14b Ex parte order authorizing immediate protective custody of child.
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.
(c) Consistent with the circumstances, reasonable efforts were 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.
History:
Add. 2012, Act 163, Imd. Eff. June 12, 2012
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.16a - Repealed. 1963, Act 214, Imd. Eff. May 17, 1963.

712A.16a Repealed. 1963, Act 214, Imd. Eff. May 17, 1963.
Compiler's Notes:
The repealed section provided for joint regional facilities for diagnosis and custody of minors pending criminal proceedings.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.17a - Hearing; Record; Transcription.

712A.17a Hearing; record; transcription.
Sec. 17a.
In any case in which a record of the hearing is kept by a recording device, a transcription of the hearing need not be made in the absence of a request by an interested party. The recording of the hearing shall be maintained as prescribed by rules of the supreme court.
History:
Add. 1969, Act 95, Imd. Eff. July 24, 1969 ;-- Am. 2014, Act 307, Imd. Eff. Oct. 10, 2014
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18a - Placement or Commitment of Ward of the Court to Out-of-State Institutions.

712A.18a Placement or commitment of ward of the court to out-of-state institutions.
Sec. 18a.
If desirable or necessary, the court may place a ward of the court in or commit a ward of the court to a private institution or agency incorporated under the laws of another state and approved or licensed by that state's department of social welfare, or the equivalent approving or licensing agency, for the care of children of similar age, sex, and characteristics.
History:
Add. 1964, Act 83, Eff. Aug. 28, 1964 ;-- Am. 1998, Act 478, Eff. Jan. 12, 1999
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18b - Reimbursement Order; Failure to Comply, Contempt of Court; Assignment of Wages.

712A.18b Reimbursement order; failure to comply, contempt of court; assignment of wages.
Sec. 18b.
Whenever the court under section 18 of this act enters a reimbursement order and the parent or other adult legally responsible for the care of the child fails or refuses to obey and perform the order, and has been found guilty of contempt of court for such failure or refusal, the court making the order may order an assignment to the county or state of the salary, wages or other income of the person responsible for the care of the child, which assignment shall continue until the support is paid in full. The order of assignment shall be effective 1 week after service upon the employer of a true copy of the order by personal service or by registered or certified mail. Thereafter the employer shall withhold from the earnings due the employee the amount specified in the order of assignment for transmittal to the county or state until notified by the court that the support arrearage is paid in full. An employer shall not use the assignment as a basis, in whole or in part, for the discharge of an employee or for any other disciplinary action against an employee. Compliance by an employer with the order of assignment operates as a discharge of the employer's liability to the employee as to that portion of the employee's earnings so affected.
History:
Add. 1965, Act 172, Imd. Eff. July 15, 1965
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18c - Retention of Jurisdiction of Child Committed Under MCL 712a.18(1)(e); Effective Date of Subsection (2); Annual Review; Release of Child.

712A.18c Retention of jurisdiction of child committed under MCL 712A.18(1)(e); effective date of subsection (2); annual review; release of child.
Sec. 18c.
(1) If a child is committed under section 18(1)(e) of this chapter for an offense which, if committed by an adult, would be punishable by imprisonment for more than 1 year or an offense expressly designated by law to be a felony, the court shall retain jurisdiction over the child.
(2) If a child is committed under section 18(1)(e) of this chapter and the child was adjudicated as being in the court's jurisdiction under section 2(a) of this chapter, the court shall retain jurisdiction over the child. This subsection shall take effect June 1, 1991.
(3) If the court has retained jurisdiction over a child under this section, the court shall conduct an annual review of the services being provided to the child, the child's placement, and the child's progress in that placement. In conducting this review, the court shall examine the child's annual report prepared pursuant to section 3 of the juvenile facilities act. The court may order changes in the child's placement or treatment plan based on the review.
(4) If the court has retained jurisdiction over a child under this section, the child may be released only with the approval of the court. Except as otherwise provided in section 18d, the child shall be automatically released upon reaching 19 years of age.
History:
Add. 1988, Act 54, Eff. Oct. 1, 1988
Compiler's Notes:
Section 3 of Act 54 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 174 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18g - Commitment Under MCL 712a.18(1)(e).

712A.18g Commitment under MCL 712A.18(1)(e).
Sec. 18g.
(1) In addition to any other disposition under this act, a juvenile other than a juvenile sentenced in the same manner as an adult under section 18(1)(p) of this chapter shall be committed under section 18(1)(e) of this chapter to a detention facility for a specified period of time if all of the following circumstances exist:
(a) The juvenile is under the jurisdiction of the juvenile division of the probate court under section 2(a)(1) of this chapter.
(b) The juvenile is adjudicated as or convicted of violating a criminal municipal ordinance or law of this state or the United States.
(c) The juvenile is found to have used a firearm during the criminal violation.
(2) The period of time specified under subsection (1) must not exceed the length of the sentence that could have been imposed if the juvenile had been sentenced as an adult.
(3) As used in this section, "firearm" means that term as defined in section 3t of 1846 RS 1, MCL 8.3t.
History:
Add. 1996, Act 258, Eff. Jan. 1, 1997 ;-- Am. 2020, Act 389, Eff. Apr. 4, 2021
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18h - Commitment to Department of Corrections Prohibited; Exception.

712A.18h Commitment to department of corrections prohibited; exception.
Sec. 18h.
A juvenile sentenced to imprisonment under section 18(1)(p) of this chapter shall not be committed to the jurisdiction of the department of corrections. This section does not apply if the juvenile was convicted of a specified juvenile violation as defined in section 2d of this chapter.
History:
Add. 1996, Act 244, Eff. Aug. 1, 1996 ;-- Am. 2020, Act 389, Eff. Apr. 4, 2021
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18j - Escape by Juvenile From Facility or Residence; Notification; “Escape” Defined.

712A.18j Escape by juvenile from facility or residence; notification; “escape” defined.
Sec. 18j.
(1) If a juvenile escapes from a facility or residence in which he or she has been placed for a violation described in section 2(a)(1) of this chapter, other than his or her own home or the home of his or her parent or guardian, the individual at that facility or residence who has responsibility for maintaining custody of the juvenile at the time of the escape shall immediately notify 1 of the following of the escape or cause 1 of the following to be immediately notified of the escape:
(a) If the escape occurs in a city, village, or township that has a police department, the police department of that city, village, or township.
(b) Except as provided in subdivision (a), 1 of the following:
(i) The sheriff department of the county in which the escape occurs.
(ii) The department of state police post having jurisdiction over the area in which the escape occurs.
(2) A police agency that receives notification of an escape under subsection (1) shall enter that notification into the law enforcement information network without undue delay.
(3) As used in this section, "escape" means to leave without lawful authority or to fail to return to custody when required.
History:
Add. 1996, Act 482, Eff. Jan. 1, 1997
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18l - Evaluation of Juvenile for Psychiatric or Psychological Treatment; Court Order.

712A.18l Evaluation of juvenile for psychiatric or psychological treatment; court order.
Sec. 18l.
If a juvenile is found to be within the court's jurisdiction under section 2(a)(1) of this chapter for an offense that, if committed by an adult, would be a violation of section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b, having to do with cruelty to animals, or would be a violation of sections 71 to 80 of the Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80, having to do with arson, the court shall order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, the court may order that treatment. This section does not preclude the court from entering any other order of disposition allowed under this chapter.
History:
Add. 2000, Act 175, Eff. Oct. 1, 2000
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18m - Payment of Costs; Minimum Amounts; Disposition; Definitions.

***** 712A.18m THIS SECTION IS REPEALED BY ACT 301 OF 2023 EFFECTIVE OCTOBER 1, 2024 *****
712A.18m Payment of costs; minimum amounts; disposition; definitions.
Sec. 18m.
(1) If a juvenile is within the court's jurisdiction under section 2(a)(1) of this chapter, and is ordered to pay any combination of fines, costs, restitution, assessments, or payments arising out of the same juvenile proceeding, the court shall order the juvenile to pay costs of not less than the following amount, as applicable:
(a) $68.00, if the juvenile is found to be within the court's jurisdiction for a felony.
(b) $50.00, if the juvenile is found to be within the court's jurisdiction for a misdemeanor or ordinance violation.
(2) Of the costs ordered to be paid, the clerk of the court shall pay to the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181, the applicable amount specified as a minimum cost in subsection (1).
(3) If a juvenile who is ordered to pay a minimum state cost under this section is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same juvenile proceeding, money collected from that person for the payment of fines, costs, restitution, assessments, or other payments shall be allocated as provided in section 29 of this chapter. A fine imposed for a felony, misdemeanor, or ordinance violation shall not be waived unless costs, other than the minimum state cost, are waived.
(4) On the last day of each month, the clerk of the court shall transmit the minimum state cost or portions of minimum state cost collected under this section to the department of treasury for deposit in the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(5) As used in this section:
(a) "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.
(b) "Minimum state cost" means the applicable minimum cost to be ordered under subsection (1).
(c) "Ordinance violation" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1.
History:
Add. 2003, Act 71, Eff. Oct. 1, 2003 ;-- Am. 2004, Act 102, Imd. Eff. May 13, 2004 ;-- Am. 2008, Act 543, Eff. Apr. 1, 2009 ;-- Am. 2011, Act 295, Eff. Apr. 1, 2012
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18n - Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding; Record.

712A.18n Competency of juvenile; presumption; order to determine competency during proceeding; record.
Sec. 18n.
(1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed.
(2) The court may order on its own motion, or at the request of the juvenile, the juvenile's attorney, or the prosecuting attorney, a competency evaluation to determine whether the juvenile is incompetent to proceed if the juvenile is the subject of a delinquency petition in the court or if the juvenile is under the court's jurisdiction under section 2(a)(2) to (4) of this chapter. The issue of the juvenile's competency may be raised by the court before which the proceedings are pending or being held, or by motion of a party, at any time during the proceeding.
(3) At the time an issue of the juvenile's competency is raised, the delinquency proceeding shall temporarily cease until determination is made on the competence of the juvenile according to this act.
(4) The court shall maintain a record of how many competency evaluations are requested under this section.
History:
Add. 2012, Act 541, Eff. Mar. 28, 2013
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18o - Competency Evaluation; Conduct by Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations at Party's Expense; Conduct in Least Restrictive Environment.

712A.18o Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment.
Sec. 18o.
(1) A competency evaluation ordered under section 18n of this chapter shall be conducted by a qualified juvenile forensic mental health examiner. The qualified juvenile forensic mental health examiner shall provide the court with an opinion as to whether the juvenile is competent to proceed. The court has the final determination of an expert witness serving as a qualified juvenile forensic mental health examiner.
(2) This section does not prohibit any party from retaining the party's own qualified juvenile forensic mental health examiner to conduct additional evaluations at the party's own expense.
(3) The competency evaluation shall be conducted in the least restrictive environment. There is a presumption in favor of conducting a competency evaluation while the juvenile remains in the custody of a parent or legal guardian, unless removal from the home is necessary for the best interests of the juvenile, for reasons of public safety, or because the parent or guardian has refused to cooperate in the competency evaluation process.
History:
Add. 2012, Act 541, Eff. Mar. 28, 2013
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18q - Competency Hearing.

712A.18q Competency hearing.
Sec. 18q.
(1) Not later than 30 days after a report is filed under section 18p of this chapter, the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile's mental condition or may submit the matter by written stipulation based on the filed report.
(2) Upon a finding by the court that a juvenile is incompetent to proceed and a finding 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 dismiss with prejudice the charges against the juvenile and may determine custody of the juvenile.
(3) The qualified juvenile forensic mental health examiner appointed by the court to determine the juvenile's mental condition shall be allowed reasonable fees for services rendered.
(4) The court shall report to the state court administrator the number of juveniles found to be incompetent to proceed.
History:
Add. 2012, Act 541, Eff. Mar. 28, 2013
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.18r - Competency Evaluations; Self-Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure.

712A.18r Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure.
Sec. 18r.
(1) The constitutional protections against self-incrimination apply to all competency evaluations.
(2) Any evidence or statement obtained during a competency evaluation is not admissible in any proceeding to determine the juvenile's responsibility.
(3) A statement that a juvenile makes during a competency evaluation or evidence resulting from the statement concerning any other event or transaction is not admissible in any proceeding to determine the juvenile's responsibility for any other charges that are based on those events or transactions.
(4) A statement that the juvenile makes during a competency evaluation may not be used for any purpose other than assessment of his or her competency without the written consent of the juvenile or the juvenile's guardian. The juvenile or the juvenile's guardian must have an opportunity to consult with his or her attorney before giving consent.
(5) After the case proceeds to adjudication or the juvenile is found to be unable to regain competence, the court shall order all of the reports that are submitted according to sections 18n to 18q of this chapter to be sealed. The court may order that the reports be opened only as follows:
(a) For further competency or criminal responsibility evaluations.
(b) For statistical analysis.
(c) If the records are considered to be necessary to assist in mental health treatment ordered according to the mental health code.
(d) For data gathering.
(e) For scientific study or other legitimate research.
(6) If the court orders reports to be open for the purposes of statistical analysis, data gathering, or scientific study according to subsection (5), the reports shall remain confidential.
(7) Any statement that a juvenile makes during a competency evaluation, or any evidence resulting from that statement, is not subject to disclosure.
History:
Add. 2012, Act 541, Eff. Mar. 28, 2013
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.20 - Temporary or Permanent Custody.

712A.20 Temporary or permanent custody.
Sec. 20.
The court in all cases involving custody shall state in the order for disposition or any supplemental order of disposition whether the child is placed in the temporary or permanent custody of the court. If the child is placed in the temporary custody of the court, no supplemental order of disposition providing permanent custody, or containing any other order of disposition shall be made except at a hearing pursuant to issuance of summons or notice as provided in sections 12 and 13 of this chapter or at a rehearing provided by section 19 of this chapter. If the child is placed in the permanent custody of the court, all parental rights are terminated, though such rights may be reinstated by a supplemental order of disposition after rehearing pursuant to section 21.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.20 ;-- Am. 1966, Act 181, Imd. Eff. July 1, 1966
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.21 - Petition for Rehearing; Affirming, Modifying, or Setting Aside Order; Conduct of Rehearing; Order for Supplemental Disposition; Applicability of Section to Criminal Proceeding; “Interested Person” Construed.

712A.21 Petition for rehearing; affirming, modifying, or setting aside order; conduct of rehearing; order for supplemental disposition; applicability of section to criminal proceeding; “interested person” construed.
Sec. 21.
(1) At any time while the juvenile is under the jurisdiction of the court, an interested person may file a petition in writing and under oath for a rehearing upon all matters coming within the provisions of this chapter. Upon the rehearing, the court may affirm, modify, or set aside any order reviewed under this section. If parental rights have been terminated by an order entered in the proceedings and custody of the juvenile has been removed from the parents, guardian, or other person, the petition for rehearing shall be filed not later than 20 days after the date of entry of the order terminating parental rights. The petition shall set forth in detail the place, manner, and all other information requested by the court in reference to the proposed future custody of the juvenile. The rehearing shall be conducted in accordance with the provisions of this chapter relating to the conduct of original hearings. The court may enter an order for supplemental disposition while the juvenile remains under the court's jurisdiction.
(2) This section does not apply to a criminal proceeding under this chapter.
(3) As used in subsection (1), "interested person" includes a member of a local foster care review board established under Act No. 422 of the Public Acts of 1984, being sections 722.131 to 722.140 of the Michigan Compiled Laws, to which that juvenile's case has been assigned.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.21 ;-- Am. 1958, Act 129, Eff. Sept. 13, 1958 ;-- Am. 1965, Act 202, Imd. Eff. July 16, 1965 ;-- Am. 1980, Act 499, Imd. Eff. Jan. 21, 1981 ;-- Am. 1982, Act 330, Imd. Eff. Dec. 14, 1982 ;-- Am. 1983, Act 105, Eff. Sept. 1, 1983 ;-- Am. 1984, Act 420, Imd. Eff. Dec. 28, 1984 ;-- Am. 1986, Act 170, Imd. Eff. July 7, 1986 ;-- Am. 1989, Act 73, Imd. Eff. June 16, 1989 ;-- Am. 1996, Act 262, Eff. Jan. 1, 1997
Former Law:
See section 8 of Ch. XII of Act 288 of 1939; and CL 1929, § 12846.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.22 - Annual Report.

712A.22 Annual report.
Sec. 22.
The state court administrative office shall publish an annual report evaluating the court regarding its duty under this act to engage in obtaining permanency for children. The report shall include at least information and statistics detailing the court's adherence to each time period prescribed by this act or court rule for the management and disposition of children's cases that are petitioned under section 2(b) of this chapter and, if the court fails to adhere to a time period, the specific reasons for that failure.
History:
Add. 1997, Act 169, Eff. Mar. 31, 1998
Compiler's Notes:
Former MCL 712A.22, which pertained to appeals to circuit court, was repealed by Act 543 of 1978, Eff. July 1, 1979.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.23 - Use of Evidence Against Juvenile.

712A.23 Use of evidence against juvenile.
Sec. 23.
Evidence regarding the disposition of a juvenile under this chapter and evidence obtained in a dispositional proceeding under this chapter shall not be used against that juvenile for any purpose in any judicial proceeding except in a subsequent case against that juvenile under this chapter. This section does not apply to a criminal conviction under this chapter.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.23 ;-- Am. 1996, Act 258, Eff. Jan. 1, 1997
Former Law:
See sections 13 and 14 of Ch. XII of Act 288 of 1939; and CL 1929, §§ 12834 and 12836.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.24 - Placement in Institutions; Summary of Information; Conveyance of Child; Progress Report.

712A.24 Placement in institutions; summary of information; conveyance of child; progress report.
Sec. 24.
Whenever the court shall place a child in any public or private institution or agency, it shall transmit with the order of disposition or supplemental order of disposition a summary of its information concerning such child, and such child may be placed in the care of a county agent, probation officer, juvenile matron or some other reliable person designated by the court to be conveyed to the institution, and the same compensation shall be paid by the state for the transportation of said child as is paid to county agents in like cases.
Whenever the court shall place a child in a private or incorporated institution or agency, it shall require a progress report concerning said child which shall be made at least once every 6 months from the date of the order.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- Am. 1947, Act 284, Eff. Oct. 11, 1947 ;-- CL 1948, 712A.24
Former Law:
See section 20 of Ch. XII of Act 288 of 1939; and CL 1929, § 12838.
Popular Name:
Probate Code
Popular Name:
Juvenile Code