HOUSE BILL No. 4294


     February 11, 1997, Introduced by Rep. Scott and referred to the Committee on Judiciary.


        A bill to amend 1939 PA 288, entitled

   "An act to revise and consolidate the statutes relating to cer-
   tain aspects of the organization and jurisdiction of the probate
   court of this state, the powers and duties of such court and the
   judges and other officers thereof, certain aspects of the stat-
   utes of descent and distribution of property, and the statutes
   governing the change of name of adults and children, the adoption
   of adults and children, and the jurisdiction of the juvenile
   division of the probate court; to prescribe the powers and duties
   of the juvenile division of the probate court, and the judges and
   other officers thereof; to prescribe the manner and time within
   which actions and proceedings may be brought in the juvenile
   division of the probate court; to prescribe pleading, evidence,
   practice, and procedure in actions and proceedings in the juve-
   nile division of the probate court; to provide for appeals from
   the juvenile division of the probate court; to prescribe the
   powers and duties of certain state departments, agencies, and
   officers; and to provide remedies and penalties for the violation
   of this act,"

   by amending section 28 of chapter XIIA, as amended by 1996 PA

   409.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:





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 1                               CHAPTER XIIA

 2         Sec. 28.  (1) Before June 1, 1988, the court shall maintain

 3    records of all cases brought before it and as provided in the

 4    juvenile diversion act,  Act No. 13 of the Public Acts of 1988,

 5     being sections 722.821 to 722.831 of the Michigan Compiled Laws 

 6    1988 PA 13, MCL 722.821 TO 722.831.  The records shall be open

 7    only by order of the court to persons having a legitimate inter-

 8    est except that diversion records shall be open only as provided

 9    in  Act No. 13 of the Public Acts of 1988  THE JUVENILE DIVERSION

10    ACT, 1988 PA 13, MCL 722.821 TO 722.831.

11         (2) Beginning June 1, 1988, the court shall maintain records

12    of all cases brought before it and as provided in  Act No. 13 of

13     the Public Acts of 1988  THE JUVENILE DIVERSION ACT, 1988 PA 13,

14    MCL 722.821 TO 722.851.  Except as otherwise provided in this

15    subsection, records of a case brought before the court shall be

16    open to the general public.  Diversion records shall be open only

17    as provided in  Act No. 13 of the Public Acts of 1988  THE JUVE-

18    NILE DIVERSION ACT, 1988 PA 13, MCL 722.821 TO 722.831.  Except

19    as otherwise provided in section 49 of the crime victim's rights

20    act,  Act No. 87 of the Public Acts of 1985, being section

21     780.799 of the Michigan Compiled Laws  1985 PA 87, MCL 780.799,

22    if the hearing of a case brought before the court is closed under

23    section 17 of this chapter, the records of that hearing shall be

24    open only by order of the court to persons having a legitimate

25    interest.

26         (3) If the court issues an order in respect to payments by a

27    parent under section 18(2) of this chapter, a copy shall be



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 1    mailed to the department of treasury.  Action taken against

 2    parents or adults shall not be released for publicity unless the

 3    parents or adults are adjudged guilty of contempt of court.  The

 4    court shall furnish the family independence agency with reports

 5    of the administration of the court in a form recommended by the

 6    Michigan association of probate and juvenile court judges.

 7    Copies of these reports shall, upon request, be made available to

 8    other state departments by the family independence agency.

 9         (4) As used in subsections (1) and (2), "persons having a

10    legitimate interest" includes  a  BOTH OF THE FOLLOWING:

11         (A) A member of a local foster care review board established

12    under  Act No. 422 of the Public Acts of 1984, being sections

13     722.131 to 722.140 of the Michigan Compiled Laws  1984 PA 422,

14    MCL 722.131 TO 722.140.

15         (B) A PERSON INSTITUTING AN ACTION UNDER THE DRUG NUISANCE

16    ABATEMENT ACT.

17         Enacting section 1.  This amendatory act does not take

18    effect unless all of the following bills of the 89th Legislature

19    are enacted into law:

20         (a) Senate Bill No. _____ or House Bill No. _____ (request

21    no. 00940'97).

22         (b) Senate Bill No. _____ or House Bill No. _____ (request

23    no. 00941'97).

24         (c) Senate Bill No. _____ or House Bill No. _____ (request

25    no. 00942'97).







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