HOUSE BILL No. 6220 November 5, 1998, Introduced by Rep. Basham 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 family division of circuit court, to the jurisdiction, powers, and duties of the family division of cir- cuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family divi- sion of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 2, 6a, and 11 of chapter XIIA (MCL 712A.2, 712A.6a, and 712A.11), sections 2 and 11 as amended by 1996 PA 409 and section 6a as added by 1996 PA 252, and by adding section 17d to chapter XIIA. 06568'98 a TAV 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XIIA 2 Sec. 2. The court has the following authority and 3 jurisdiction: 4 (a) Exclusive original jurisdiction superior to and regard- 5 less of the jurisdiction of any other court in proceedings con- 6 cerning a juvenile under 17 years of age who is found within the 7 county if 1 or more of the following applies: 8 (1) Except as otherwise provided in this sub-subdivision, 9 the juvenile has violated any municipal ordinance or law of the 10 state or of the United States. The court has jurisdiction over a 11 juvenile 14 years of age or older who is charged with a specified 12 juvenile violation only if the prosecuting attorney files a peti- 13 tion in the court instead of authorizing a complaint and 14 warrant. As used in this sub-subdivision, "specified juvenile 15 violation" means any of the following: 16 (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 17 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act18No. 328 of the Public Acts of 1931, being sections1931 PA 328, 19 MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 20 750.349, 750.520b, 750.529, 750.529a, and 750.531.of the21Michigan Compiled Laws.22 (B) A violation of section 84 or 110a(2) ofAct No. 328 of23the Public Acts of 1931, being sections 750.84 and 750.110a of24the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 25 MCL 750.84 AND 750.110A, if the juvenile is armed with a 06568'98 a 3 1 dangerous weapon. As used in this paragraph, "dangerous weapon" 2 means 1 or more of the following: 3 (i) A loaded or unloaded firearm, whether operable or 4 inoperable. 5 (ii) A knife, stabbing instrument, brass knuckles, black- 6 jack, club, or other object specifically designed or customarily 7 carried or possessed for use as a weapon. 8 (iii) An object that is likely to cause death or bodily 9 injury when used as a weapon and that is used as a weapon or car- 10 ried or possessed for use as a weapon. 11 (iv) An object or device that is used or fashioned in a 12 manner to lead a person to believe the object or device is an 13 object or device described in subparagraphs (i) to (iii). 14 (C) A violation of section 186a ofAct No. 328 of the15Public Acts of 1931, being section 750.186a of the Michigan16Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 17 750.186A, regarding escape or attempted escape from a juvenile 18 facility, but only if the juvenile facility from which the indi- 19 vidual escaped or attempted to escape was 1 of the following: 20 (i) A high-security or medium-security facility operated by 21 the family independence agency. 22 (ii) A high-security facility operated by a private agency 23 under contract with the family independence agency. 24 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 25 the public health code,Act No. 368 of the Public Acts of 1978,26being sections 333.7401 and 333.7403 of the Michigan Compiled27Laws1978 PA 368, MCL 333.7401 AND 333.7403. 06568'98 a 4 1 (E) An attempt to commit a violation described in paragraphs 2 (A) to (D). 3 (F) Conspiracy to commit a violation described in paragraphs 4 (A) to (D). 5 (G) Solicitation to commit a violation described in para- 6 graphs (A) to (D). 7 (H) Any lesser included offense of a violation described in 8 paragraphs (A) to (G) if the individual is charged with a viola- 9 tion described in paragraphs (A) to (G). 10 (I) Any other violation arising out of the same transaction 11 as a violation described in paragraphs (A) to (G) if the individ- 12 ual is charged with a violation described in paragraphs (A) to 13 (G). 14 (2) The juvenile has deserted his or her home without suffi- 15 cient cause and the court finds on the record that the juvenile 16 has been placed or refused alternative placement or the juvenile 17 and the juvenile's parent, guardian, or custodian have exhausted 18 or refused family counseling. 19 (3) The juvenile is repeatedly disobedient to the reasonable 20 and lawful commands of his or her parents, guardian, or custodian 21 and the court finds on the record by clear and convincing evi- 22 dence that court-accessed services are necessary. 23 (4) The juvenile willfully and repeatedly absents himself or 24 herself from school or other learning program intended to meet 25 the juvenile's educational needs, or repeatedly violates rules 26 and regulations of the school or other learning program, and the 27 court finds on the record that the juvenile, the juvenile's 06568'98 a 5 1 parent, guardian, or custodian, and school officials or learning 2 program personnel have met on the juvenile's educational problems 3,and educational counseling and alternative agency help have 4 been sought. As used in this sub-subdivision only, "learning 5 program" means an organized educational program that is appropri- 6 ate, given the age, intelligence, ability, and any psychological 7 limitations of a juvenile, in the subject areas of reading, 8 spelling, mathematics, science, history, civics, writing, and 9 English grammar. 10 (5) THE JUVENILE IS ABSENT FROM SCHOOL WITHOUT VALID EXCUSE 11 FOR MORE THAN 5 DAYS IN A SEMESTER IN VIOLATION OF SECTION 1580 12 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1580. 13 (b) Jurisdiction in proceedings concerning any juvenile 14 under 18 years of age found within the county: 15 (1) Whose parent or other person legally responsible for the 16 care and maintenance of the juvenile, when able to do so, 17 neglects or refuses to provide proper or necessary support, edu- 18 cation, medical, surgical, or other care necessary for his or her 19 health or morals, who is subject to a substantial risk of harm to 20 his or her mental well-being, who is abandoned by his or her par- 21 ents, guardian, or other custodian, or who is without proper cus- 22 tody or guardianship. As used in this sub-subdivision: 23 (A) "Education" means learning based on an organized educa- 24 tional program that is appropriate, given the age, intelligence, 25 ability, and any psychological limitations of a juvenile, in the 26 subject areas of reading, spelling, mathematics, science, 27 history, civics, writing, and English grammar. 06568'98 a 6 1 (B) "Without proper custody or guardianship" does not mean a 2 parent has placed the juvenile with another person who is legally 3 responsible for the care and maintenance of the juvenile and who 4 is able to and does provide the juvenile with proper care and 5 maintenance. 6 (2) Whose home or environment, by reason of neglect, cruel- 7 ty, drunkenness, criminality, or depravity on the part of a 8 parent, guardian, or other custodian, is an unfit place for the 9 juvenile to live in. 10 (3) Whose parent has substantially failed, without good 11 cause, to comply with a limited guardianship placement plan 12 described in section 424a of the revised probate code,Act13No. 642 of the Public Acts of 1978, being section 700.424a of the14Michigan Compiled Laws1978 PA 642, MCL 700.424A, regarding the 15 juvenile. 16 (4) Whose parent has substantially failed, without good 17 cause, to comply with a court-structured plan described in 18 section 424b or 424c of the revised probate code,Act No. 642 of19the Public Acts of 1978, being sections 700.424b and 700.424c of20the Michigan Compiled Laws1978 PA 642, MCL 700.424B AND 21 700.424C, regarding the juvenile. 22 (5) If the juvenile has a guardian under the revised probate 23 code,Act No. 642 of the Public Acts of 1978, being sections24700.1 to 700.993 of the Michigan Compiled Laws1978 PA 642, MCL 25 700.1 TO 700.993, and the juvenile's parent meets both of the 26 following criteria: 06568'98 a 7 1 (A) The parent, having the ability to support or assist in 2 supporting the juvenile, has failed or neglected, without good 3 cause, to provide regular and substantial support for the juve- 4 nile fora period of2 years or more before the filing of the 5 petition or, if a support order has been entered, has failed to 6 substantially comply with the order fora period of2 years or 7 more before the filing of the petition. 8 (B) The parent, having the ability to visit, contact, or 9 communicate with the juvenile, has regularly and substantially 10 failed or neglected, without good cause, to do so fora period11of2 years or more before the filing of the petition. 12 If a petition is filed in the court alleging that a juvenile 13 is within the provisions of subdivision (b)(1), (2), (3), (4), or 14 (5),and the custody of that juvenile is subject to the prior 15 or continuing order of another court of record of this state, the 16 manner of notice to the other court of record and the authority 17 of the court to proceed is governed by rule of the supreme 18 court. 19 (c) Jurisdiction over juveniles under 18 years of age, 20 jurisdiction of whom has been waived to the family division of 21 circuit court by a circuit courtpursuant toUNDER a provision 22 in a temporary order for custody of juveniles based upon a com- 23 plaint for divorce or upon a motion pursuant to a complaint for 24 divorce by the prosecuting attorney, in a divorce judgment dis- 25 solving a marriage between the parents of the juveniles, or by an 26 amended judgment relative to the custody of the juvenile in a 27 divorce. 06568'98 a 8 1 (d) If the court finds on the record that voluntary services 2 have been exhausted or refused, concurrent jurisdiction in pro- 3 ceedings concerning any juvenile between the ages of 17 and 18 4 found within the county WHO IS ANY OF THE FOLLOWING: 5 (1)Who is repeatedlyREPEATEDLY addicted to the use of 6 drugs or the intemperate use of alcoholic liquors. 7 (2)Who repeatedly associatesREPEATEDLY ASSOCIATING with 8 criminal, dissolute, or disorderly persons. 9 (3)Who is foundFOUND of his or her own free will and 10 knowledge in a house of prostitution, assignation, or ill-fame. 11 (4)Who repeatedly associatesREPEATEDLY ASSOCIATING with 12 thieves, prostitutes, pimps, or procurers. 13 (5)Who is willfullyWILLFULLY disobedient to the reason- 14 able and lawful commands of his or her parents, guardian, or 15 other custodian andisin danger of becoming morally depraved. 16 If any juvenile is brought before thefamily division of17circuitcourt in a county other than that in which the juvenile 18 resides,the court may,before a hearing and with the consent 19 of the judge of thefamily division of circuitcourt in the 20 county of residence, THE COURT MAY enter an order transferring 21thejurisdiction of the matter to the court of the county of 22 residence. The order is not a legal settlement as defined in 23 section 55 of the social welfare act,Act No. 280 of the Public24Acts of 1939, being section 400.55 of the Michigan Compiled Laws25 1939 PA 280, MCL 400.55. The order, together withAND a cer- 26 tified copy of the proceedings in the transferring court,27 shall be delivered to the court of the countyor circuitof 06568'98 a 9 1 residence. A case designated as a case in which the juvenile 2 shall be tried in the same manner as an adult under section 2d of 3 this chapter may be transferred for venue or for juvenile dispo- 4 sition, but shall not be transferred on grounds of residency. If 5 the case is not transferred, the case shall be tried by thethe6family division of circuitcourt having jurisdiction of the 7 offense. 8 (e) Authority to establish or assist in developing a program 9 or programs within the county to prevent delinquency and provide 10 services to act upon reports submitted to the court related to 11 the behavior of juveniles who do not require formal court juris- 12 diction but otherwise fall within subdivision (a). These serv- 13 ices shall be used only if they are voluntarily accepted by the 14 juvenile and his or her parents, guardian, or custodian. 15 (f) If the court operates a detention home for juveniles 16 within the court's jurisdiction under subdivision (a)(1), author- 17 ity to place a juvenile within that home pending trial if the 18 juvenile is within the circuit court's jurisdiction under section 19 606 of the revised judicature act of 1961,Act No. 236 of the20Public Acts of 1961, being section 600.606 of the Michigan21Compiled Laws, or within the recorder's court of the city of22Detroit's jurisdiction under section 10a(1)(c) of Act No. 369 of23the Public Acts of 1919, being section 725.10a of the Michigan24Compiled Laws1961 PA 236, MCL 600.606, and if the circuit court 25or the recorder's court of the city of Detroitorders the 26 family division of circuit court in the same county to place the 06568'98 a 10 1 juvenile in that home. The family division of circuit court 2 shall comply with that order. 3 (g) Authority to place a juvenile in a county jail under 4 section 27a of chapter IV of the code of criminal procedure,Act5No. 175 of the Public Acts of 1927, being section 764.27a of the6Michigan Compiled Laws1927 PA 175, MCL 764.27A, if the COURT 7 DESIGNATES THE caseis designated by the courtunder section 2d 8 of this chapter as a case in which the juvenile is to be tried in 9 the same manner as an adult,and the courthas determined10thatDETERMINES there is probable cause to believe that the 11 offense was committed andthat there isprobable cause to 12 believe the juvenile committed that offense. 13 Sec. 6a. The parent or guardian of a juvenile who is within 14 the court's jurisdiction under section 2(a)(1), (4), OR (5) of 15 this chapter shall attend each hearing held under this chapter 16 unless the court excuses the parent or guardian from attendance 17 for good cause. A parent or guardian who fails to attend the 18 juvenile's hearing without good cause may be held in contempt and 19 subject to fines. Failure of a parent or guardian to attend a 20 hearing, however, is not grounds for an adjournment, continuance, 21 or other delay of the proceeding and does not provide a basis for 22 appellate or other relief. 23 Sec. 11. (1)Except as provided in subsection (2), ifIF 24 a person gives information to the court that a juvenile is within 25 section 2(a)(2) to(6)(4), (b), (c), or (d) of this chapter, a 26 preliminary inquiry may be made to determine whether the 27 interests of the public or the juvenile require that further 06568'98 a 11 1 action be taken. If the court determines that formal 2 jurisdiction should be acquired, the court shall authorize a 3 petition to be filed. 4 (2) Only the prosecuting attorney may file a petition 5 requesting the court to take jurisdiction of a juvenile allegedly 6 within section 2(a)(1) of this chapter. If the prosecuting 7 attorney submits a petition requesting the court to take juris- 8 diction of a juvenile allegedly within section 2(a)(1) of this 9 chapter and the court determines that formal jurisdiction should 10 be acquired, the court shall authorize a petition to be filed. 11 (3) IF A PETITION IS FILED REQUESTING THE COURT TO TAKE 12 JURISDICTION OF A JUVENILE ALLEGEDLY WITHIN SECTION 2(A)(5) OF 13 THIS CHAPTER, THE COURT SHALL HOLD A HEARING WITHIN 10 DAYS. IF 14 THE COURT DETERMINES THAT THE ALLEGATIONS IN THE PETITION ARE 15 SUPPORTED, THE COURT SHALL AUTHORIZE A PETITION TO BE FILED AND 16 OBTAIN FORMAL JURISDICTION. THE COURT SHALL NOTIFY THE PROSECUT- 17 ING ATTORNEY UNLESS HE OR SHE FILED THE PETITION. 18 (4)(3)The petition described in subsections (1),and19 (2), AND (3) shall be verified and may be upon information and 20 belief. The petition shall set forth plainly the facts that 21 bring the juvenile within this chapter and shall contain all of 22 the following information: 23 (a) The juvenile's name, birth date, and address. 24 (b) The name and address of the juvenile's parents. 25 (c) The name and address of the juvenile's legal guardian, 26 if there is one. 06568'98 a 12 1 (d) The name and address of each person having custody or 2 control of the juvenile. 3 (e) The name and address of the juvenile's nearest known 4 relative, if no parent or guardian can be found. 5 (5)(4)If any of the facts required under subsection 6(3)(4) are not known to the petitioner, the petition shall 7 state that the facts are not known. If the juvenile attains his 8 or her seventeenth birthday after the filing of the petition, the 9 court's jurisdiction shall continue beyond the juvenile's seven- 10 teenth birthday and the court may hear and dispose of the peti- 11 tion under this chapter. 12 (6)(5)When a petition is authorized, the court shall 13 examine the court file to determine if a juvenile has had finger- 14 prints taken as required under section 3 ofAct No. 289 of the15Public Acts of 1925, being section 28.243 of the Michigan16Compiled Laws1925 PA 289, MCL 28.243. If a juvenile has not 17 had his or her fingerprints taken, the court shall do either of 18 the following: 19 (a) Order the juvenile to submit himself or herself to the 20 police agency that arrested or obtained the warrant for the 21 JUVENILE'S arrestof the juvenileso the juvenile's finger- 22 prints can be taken. 23 (b) Order the juvenile committed to the SHERIFF'S custody 24of the sheriffforthetakingofthe juvenile's 25 fingerprints. 26 (7)(6)A petition or other court record may be amended at 27 any stage of the proceedings as the ends of justice require. 06568'98 a 13 1 (8)(7)If the juvenile diversion act,Act No. 13 of the2Public Acts of 1988, being sections 722.821 to 722.831 of the3Michigan Compiled Laws1988 PA 13, MCL 722.821 TO 722.831, is 4 complied with and the court determines that court services can be 5 used in the prevention of delinquency without formal jurisdic- 6 tion, the court may offer court services to a juvenile without a 7 petition being authorized as provided in section 2(e) of this 8 chapter. 9 SEC. 17D. (1) WITHIN 10 DAYS AFTER ACQUIRING JURISDICTION 10 OVER A JUVENILE UNDER SECTION 2(A)(5) OF THIS CHAPTER, THE COURT 11 SHALL HOLD A HEARING. 12 (2) THE COURT SHALL ENTER AN ORDER OF DISPOSITION WITHIN 5 13 DAYS AFTER THE HEARING. THE ORDER OF DISPOSITION SHALL DO ALL OF 14 THE FOLLOWING: 15 (A) ORDER THE JUVENILE TO ATTEND SCHOOL AS PROVIDED BY LAW. 16 (B) ORDER THE JUVENILE TO PERFORM AT LEAST 4 HOURS OF COMMU- 17 NITY SERVICE OR TO SERVE AT LEAST 4 HOURS OF DETENTION AT SCHOOL 18 WITH HIS OR HER PARENT OR LEGAL GUARDIAN. 19 (3) IN ADDITION, THE ORDER OF DISPOSITION MAY CONTAIN ANY 20 PROVISION AUTHORIZED UNDER SECTION 18 OF THIS CHAPTER. 21 Enacting section 1. This amendatory act does not take 22 effect unless Senate Bill No. __________ or House Bill 23 No. __________ (request no. 06568'98) of the 89th Legislature is 24 enacted into law. 06568'98 a Final page. TAV