SENATE BILL NO. 1187 June 4, 1998, Introduced by Senator GEAKE and referred to the Committee on Families, Mental Health and Human Services. 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 1, 2, 2d, 8, 16, 18, 18a, 18k, 25, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.8, 712A.16, 712A.18, 712A.18a, 712A.18k, 712A.25, and 712A.28), sections 1, 2, 8, 16, and 28 as amended by 1996 PA 409, section 2d as added by 1996 PA 244, section 18 as amended by 1997 PA 163, and S03599'97 ** JOJ 2 section 18k as added by 1996 PA 507, and by adding section 2e to chapter XIIA. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XIIA 2 Sec. 1. (1) As used in this chapter:, "court"3 (A) "CIVIL INFRACTION" MEANS THAT TERM AS DEFINED IN 4 SECTION 113 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 5 MCL 600.113. 6 (B) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN 7 SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT. 8 (C) "COURT" means the family division of circuit court. 9 (2) Except as otherwise provided, proceedings under this 10 chapter are not criminal proceedings. 11 (3) This chapter shall be liberally construed so that each 12 juvenile coming within the COURT'S jurisdictionof the court13 receives the care, guidance, and control, preferably in his or 14 her own home, conducive to the juvenile's welfare and the best 15 interest of the state. If a juvenile is removed from the control 16 of his or her parents, the juvenile shall be placed in care as 17 nearly as possible equivalent to the care that should have been 18 given to the juvenile by his or her parents. 19 Sec. 2. The court has the following authority and 20 jurisdiction: 21 (a) Exclusive original jurisdiction superior to and regard- 22 less of the jurisdiction of any other court in proceedings con- 23 cerning a juvenile under 17 years of age who is found within the 24 county if 1 or more of the following applies: S03599'97 ** 3 1 (1) Except as otherwise provided in this sub-subdivision, 2 the juvenile has violated any municipal ordinance or law of the 3 state or of the United States. IF THE COURT ENTERS INTO AN 4 AGREEMENT UNDER SECTION 2E OF THIS CHAPTER, THE COURT HAS JURIS- 5 DICTION OVER A JUVENILE WHO COMMITTED A CIVIL INFRACTION AS PRO- 6 VIDED IN THAT SECTION. The court has jurisdiction over a juvenile 7 14 years of age or older who is charged with a specified juvenile 8 violation only if the prosecuting attorney files a petition in 9 the court instead of authorizing a complaint and warrant. As 10 used in this sub-subdivision, "specified juvenile violation" 11 means any of the following: 12 (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 13 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act14No. 328 of the Public Acts of 1931, being sections1931 PA 328, 15 MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 16 750.349, 750.520b, 750.529, 750.529a, and 750.531.of the17Michigan Compiled Laws.18 (B) A violation of section 84 or 110a(2) ofAct No. 328 of19the Public Acts of 1931, being sections 750.84 and 750.110a of20the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 21 MCL 750.84 AND 750.110A, if the juvenile is armed with a danger- 22 ous weapon. As used in this paragraph, "dangerous weapon" means 23 1 or more of the following: 24 (i) A loaded or unloaded firearm, whether operable or 25 inoperable. S03599'97 ** 4 1 (ii) A knife, stabbing instrument, brass knuckles, 2 blackjack, club, or other object specifically designed or 3 customarily carried or possessed for use as a weapon. 4 (iii) An object that is likely to cause death or bodily 5 injury when used as a weapon and that is used as a weapon or car- 6 ried or possessed for use as a weapon. 7 (iv) An object or device that is used or fashioned in a 8 manner to lead a person to believe the object or device is an 9 object or device described in subparagraphs (i) to (iii). 10 (C) A violation of section 186a ofAct No. 328 of the11Public Acts of 1931, being section 750.186a of the Michigan12Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 13 750.186A, regarding escape or attempted escape from a juvenile 14 facility, but only if the juvenile facility from which the indi- 15 vidual escaped or attempted to escape was 1 of the following: 16 (i) A high-security or medium-security facility operated by 17 the family independence agency OR A COUNTY JUVENILE AGENCY. 18 (ii) A high-security facility operated by a private agency 19 under contract with the family independence agency OR A COUNTY 20 JUVENILE AGENCY. 21 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 22 the public health code,Act No. 368 of the Public Acts of 1978,23being sections 333.7401 and 333.7403 of the Michigan Compiled24Laws1978 PA 368, MCL 333.7401 AND 333.7403. 25 (E) An attempt to commit a violation described in paragraphs 26 (A) to (D). S03599'97 ** 5 1 (F) Conspiracy to commit a violation described in paragraphs 2 (A) to (D). 3 (G) Solicitation to commit a violation described in para- 4 graphs (A) to (D). 5 (H) Any lesser included offense of a violation described in 6 paragraphs (A) to (G) if the individual is charged with a viola- 7 tion described in paragraphs (A) to (G). 8 (I) Any other violation arising out of the same transaction 9 as a violation described in paragraphs (A) to (G) if the individ- 10 ual is charged with a violation described in paragraphs (A) to 11 (G). 12 (2) The juvenile has deserted his or her home without suffi- 13 cient cause and the court finds on the record that the juvenile 14 has been placed or refused alternative placement or the juvenile 15 and the juvenile's parent, guardian, or custodian have exhausted 16 or refused family counseling. 17 (3) The juvenile is repeatedly disobedient to the reasonable 18 and lawful commands of his or her parents, guardian, or custodian 19 and the court finds on the record by clear and convincing evi- 20 dence that court-accessed services are necessary. 21 (4) The juvenile willfully and repeatedly absents himself or 22 herself from school or other learning program intended to meet 23 the juvenile's educational needs, or repeatedly violates rules 24 and regulations of the school or other learning program, and the 25 court finds on the record that the juvenile, the juvenile's 26 parent, guardian, or custodian, and school officials or learning 27 program personnel have met on the juvenile's educational problems S03599'97 ** 6 1,and educational counseling and alternative agency help have 2 been sought. As used in this sub-subdivision only, "learning 3 program" means an organized educational program that is appropri- 4 ate, given the age, intelligence, ability, and any psychological 5 limitations of a juvenile, in the subject areas of reading, 6 spelling, mathematics, science, history, civics, writing, and 7 English grammar. 8 (b) Jurisdiction in proceedings concerning any juvenile 9 under 18 years of age found within the county: 10 (1) Whose parent or other person legally responsible for the 11 care and maintenance of the juvenile, when able to do so, 12 neglects or refuses to provide proper or necessary support, edu- 13 cation, medical, surgical, or other care necessary for his or her 14 health or morals, who is subject to a substantial risk of harm to 15 his or her mental well-being, who is abandoned by his or her par- 16 ents, guardian, or other custodian, or who is without proper cus- 17 tody or guardianship. As used in this sub-subdivision: 18 (A) "Education" means learning based on an organized educa- 19 tional program that is appropriate, given the age, intelligence, 20 ability, and any psychological limitations of a juvenile, in the 21 subject areas of reading, spelling, mathematics, science, histo- 22 ry, civics, writing, and English grammar. 23 (B) "Without proper custody or guardianship" does not mean a 24 parent has placed the juvenile with another person who is legally 25 responsible for the care and maintenance of the juvenile and who 26 is able to and does provide the juvenile with proper care and 27 maintenance. S03599'97 ** 7 1 (2) Whose home or environment, by reason of neglect, 2 cruelty, drunkenness, criminality, or depravity on the part of a 3 parent, guardian, or other custodian, is an unfit place for the 4 juvenile to live in. 5 (3) Whose parent has substantially failed, without good 6 cause, to comply with a limited guardianship placement plan 7 described in section 424a of the revised probate code,Act8No. 642 of the Public Acts of 1978, being section 700.424a of the9Michigan Compiled Laws1978 PA 642, MCL 700.424A, regarding the 10 juvenile. 11 (4) Whose parent has substantially failed, without good 12 cause, to comply with a court-structured plan described in 13 section 424b or 424c of the revised probate code,Act No. 642 of14the Public Acts of 1978, being sections 700.424b and 700.424c of15the Michigan Compiled Laws1978 PA 642, MCL 700.424B AND 16 700.424C, regarding the juvenile. 17 (5) If the juvenile has a guardian under the revised probate 18 code,Act No. 642 of the Public Acts of 1978, being sections19700.1 to 700.993 of the Michigan Compiled Laws1978 PA 642, MCL 20 700.1 TO 700.993, and the juvenile's parent meets both of the 21 following criteria: 22 (A) The parent, having the ability to support or assist in 23 supporting the juvenile, has failed or neglected, without good 24 cause, to provide regular and substantial support for the juve- 25 nile fora period of2 years or more before the filing of the 26 petition or, if a support order has been entered, has failed to S03599'97 ** 8 1 substantially comply with the order fora period of2 years or 2 more before the filing of the petition. 3 (B) The parent, having the ability to visit, contact, or 4 communicate with the juvenile, has regularly and substantially 5 failed or neglected, without good cause, to do so fora period6of2 years or more before the filing of the petition. 7 If a petition is filed in the court alleging that a juvenile 8 is within the provisions of subdivision (b)(1), (2), (3), (4), or 9 (5),and the custody of that juvenile is subject to the prior 10 or continuing order of another court of record of this state, the 11 manner of notice to the other court of record and the authority 12 of the court to proceed is governed by rule of the supreme 13 court. 14 (c) Jurisdiction over juveniles under 18 years of age, 15 jurisdiction of whom has been waived to the family division of 16 circuit court by a circuit courtpursuant toUNDER a provision 17 in a temporary order for custody of juveniles based upon a com- 18 plaint for divorce or upon a motion pursuant to a complaint for 19 divorce by the prosecuting attorney, in a divorce judgment dis- 20 solving a marriage between the parents of the juveniles, or by an 21 amended judgment relative to the custody of the juvenile in a 22 divorce. 23 (d) If the court finds on the record that voluntary services 24 have been exhausted or refused, concurrent jurisdiction in pro- 25 ceedings concerning any juvenile between the ages of 17 and 18 26 found within the county WHO IS ANY OF THE FOLLOWING: S03599'97 ** 9 1 (1)Who is repeatedlyREPEATEDLY addicted to the use of 2 drugs or the intemperate use of alcoholic liquors. 3 (2)Who repeatedly associatesREPEATEDLY ASSOCIATING with 4 criminal, dissolute, or disorderly persons. 5 (3)Who is foundFOUND of his or her own free will and 6 knowledge in a house of prostitution, assignation, or ill-fame. 7 (4)Who repeatedly associatesREPEATEDLY ASSOCIATING with 8 thieves, prostitutes, pimps, or procurers. 9 (5)Who is willfullyWILLFULLY disobedient to the reason- 10 able and lawful commands of his or her parents, guardian, or 11 other custodian andisin danger of becoming morally depraved. 12 If any juvenile is brought before thefamily division of13circuitcourt in a county other than that in which the juvenile 14 resides,the court may,before a hearing and with the consent 15 of the judge of thefamily division of circuitcourt in the 16 county of residence, THE COURT MAY enter an order transferring 17thejurisdiction of the matter to the court of the county of 18 residence. CONSENT TO TRANSFER JURISDICTION IS NOT REQUIRED IF 19 THE COUNTY OF RESIDENCE IS A COUNTY JUVENILE AGENCY AND SATISFAC- 20 TORY PROOF OF RESIDENCE IS FURNISHED TO THE COURT OF THE COUNTY 21 OF RESIDENCE. The order is not a legal settlement as defined in 22 section 55 of the social welfare act,Act No. 280 of the Public23Acts of 1939, being section 400.55 of the Michigan Compiled Laws24 1939 PA 280, MCL 400.55. The order, together withAND a cer- 25 tified copy of the proceedings in the transferring court,26 shall be delivered to the court of the countyor circuitof 27 residence. A case designated as a case in which the juvenile S03599'97 ** 10 1 shall be tried in the same manner as an adult under section 2d of 2 this chapter may be transferred for venue or for juvenile dispo- 3 sition, but shall not be transferred on grounds of residency. If 4 the case is not transferred, the case shall be tried by thethe5family division of circuitcourt having jurisdiction of the 6 offense. 7 (e) Authority to establish or assist in developing a program 8 or programs within the county to prevent delinquency and provide 9 services to act upon reports submitted to the court related to 10 the behavior of juveniles who do not require formal court juris- 11 diction but otherwise fall within subdivision (a). These serv- 12 ices shall be used only if they are voluntarily accepted by the 13 juvenile and his or her parents, guardian, or custodian. 14 (f) If the court operates a detention home for juveniles 15 within the court's jurisdiction under subdivision (a)(1), author- 16 ity to place a juvenile within that home pending trial if the 17 juvenile is within the circuit court's jurisdiction under section 18 606 of the revised judicature act of 1961,Act No. 236 of the19Public Acts of 1961, being section 600.606 of the Michigan20Compiled Laws, or within the recorder's court of the city of21Detroit's jurisdiction under section 10a(1)(c) of Act No. 369 of22the Public Acts of 1919, being section 725.10a of the Michigan23Compiled Laws1961 PA 236, MCL 600.606, and if the circuit court 24or the recorder's court of the city of Detroitorders the 25 family division of circuit court in the same county to place the 26 juvenile in that home. The family division of circuit court 27 shall comply with that order. S03599'97 ** 11 1 (g) Authority to place a juvenile in a county jail under 2 section 27a of chapter IV of the code of criminal procedure,Act3No. 175 of the Public Acts of 1927, being section 764.27a of the4Michigan Compiled Laws1927 PA 175, MCL 764.27A, if the COURT 5 DESIGNATES THE caseis designated by the courtunder section 2d 6 of this chapter as a case in which the juvenile is to be tried in 7 the same manner as an adult,and the courthas determined8thatDETERMINES there is probable cause to believe that the 9 offense was committed andthat there isprobable cause to 10 believe the juvenile committed that offense. 11 Sec. 2d. (1) In a petition or amended petition alleging 12 that a juvenile is within the court's jurisdiction under 13 section 2(a)(1) of this chapter for a specified juvenile viola- 14 tion, the prosecuting attorney may designate the case as a case 15 in which the juvenile is to be tried in the same manner as an 16 adult. An amended petition making a designation under this sub- 17 section shall be filed only by leave of the court. 18 (2) In a petition alleging that a juvenile is within the 19 court's jurisdiction under section 2(a)(1) of this chapter for an 20 offense other than a specified juvenile violation, the prosecut- 21 ing attorney may request that the court designate the case as a 22 case in which the juvenile is to be tried in the same manner as 23 an adult. The court may designate the case following a hearing 24 if it determines that the best interests of the juvenile and the 25 public would be served by the juvenile being tried in the same 26 manner as an adult. In determining whether the best interests of 27 the juvenile and the public would be served, the court shall S03599'97 ** 12 1 consider all of the following factors, giving greater weight to 2 the seriousness of the alleged offense and the juvenile's prior 3 delinquency record than to the other factors: 4 (a) The seriousness of the alleged offense in terms of com- 5 munity protection, including, but not limited to, the existence 6 of any aggravating factors recognized by the sentencing guide- 7 lines, the use of a firearm or other dangerous weapon, and the 8 impact on any victim. 9 (b) The JUVENILE'S culpabilityof the juvenilein commit- 10 ting the alleged offense, including, but not limited to, the 11 level of the juvenile's participation in planning and carrying 12 out the offense and the existence of any aggravating or mitigat- 13 ing factors recognized by the sentencing guidelines. 14 (c) The juvenile's prior record of delinquency including, 15 but not limited to, any record of detention, any police record, 16 any school record, or any other evidence indicating prior delin- 17 quent behavior. 18 (d) The juvenile's programming history, including, but not 19 limited to, the juvenile's past willingness to participate mean- 20 ingfully in available programming. 21 (e) The adequacy of the punishment or programming available 22 in the juvenile justice system. 23 (f) The dispositional options available for the juvenile. 24 (3) If a case is designated under this section, the case 25 shall be set for trial in the same manner as the trial of an 26 adult in a court of general criminal jurisdiction unless a 27 probable cause hearing is required under subsection (4). S03599'97 ** 13 1 (4) If the petition in a case designated under this section 2 alleges an offense that if committed by an adult would be a 3 felony or punishable by imprisonment for more than 1 year, the 4 court shall conduct a probable cause hearing not later than 14 5 days after the case is designated to determine whether there is 6 probable cause to believe the offense was committed and whether 7 there is probable cause to believe the juvenile committed the 8 offense. This hearing may be combined with the DESIGNATION hear- 9 ing under subsection (2)on the designation of a case involving10 FOR an offense other than a specified juvenile offense. A proba- 11 ble cause hearing under this section is the equivalent of the 12 preliminary examination in a court of general criminal jurisdic- 13 tion and satisfies the requirement for that hearing. A probable 14 cause hearing shall be conducted by a judge other than the judge 15 who will try the case if the juvenile is tried in the same manner 16 as an adult. 17 (5) If the court determinesthatthere is probable cause 18 to believe the offense alleged in the petition was committed and 19there isprobable cause to believe the juvenile committed the 20 offense, the case shall be set for trial in the same manner as 21 the trial of an adult in a court of general criminal 22 jurisdiction. 23 (6) If the court determines that an offense did not occur or 24thatthere is not probable cause to believe the juvenile com- 25 mittedanTHE offense, the court shall dismiss the petition. 26 If the court determines there is probable cause to believethat27 another offense was committed and there is probable cause to S03599'97 ** 14 1 believe the juvenile committed that offense, the court may 2 further determine whether the case should be designated as a case 3 in which the juvenile should be tried in the same manner as an 4 adult as provided in subsection (2). If the court designates the 5 case, the case shall be set for trial in the same manner as the 6 trial of an adult in a court of general criminal jurisdiction. 7 (7) If a case is designated under this section, the proceed- 8 ings are criminal proceedings and shall afford all procedural 9 protections and guarantees to which the juvenile would be enti- 10 tled if being tried for the offense in a court of general crimi- 11 nal jurisdiction. A plea of guilty or nolo contendere or a ver- 12 dict of guilty shall result in entry of a judgment of 13 conviction. The conviction shall have the same effect and 14 liabilities as if it had been obtained in a court of general 15 criminal jurisdiction. 16 (8) Following a judgment of conviction, the court shall 17 enter a disposition or impose a sentence authorized under 18 section 18(1)(n) of this chapter. 19 (9) As used in this section, "specified juvenile violation" 20 means any of the following: 21 (a) A violation of section 72, 83, 86, 89, 91, 316, 317, 22 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act23No. 328 of the Public Acts of 1931, being sections 750.72,24750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349,25750.520b, 750.529, 750.529a, and 750.531 of the Michigan Compiled26Laws1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, S03599'97 ** 15 1 750.316, 750.317, 750.349, 750.520B, 750.529, 750.529A, AND 2 750.531. 3 (b) A violation of section 84 or 110a(2) ofAct No. 328 of4the Public Acts of 1931, being sections 750.84 and 750.110a of5the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 6 MCL 750.84 AND 750.110A, if the juvenile is armed with a danger- 7 ous weapon. As used in this subdivision, "dangerous weapon" 8 means 1 or more of the following: 9 (i) A loaded or unloaded firearm, whether operable or 10 inoperable. 11 (ii) A knife, stabbing instrument, brass knuckles, black- 12 jack, club, or other object specifically designed or customarily 13 carried or possessed for use as a weapon. 14 (iii) An object that is likely to cause death or bodily 15 injury when used as a weapon and that is used as a weapon or car- 16 ried or possessed for use as a weapon. 17 (iv) An object or device that is used or fashioned in a 18 manner to lead a person to believe the object or device is an 19 object or device described in subparagraphs (i) to (iii). 20 (c) A violation of section 186a ofAct No. 328 of the21Public Acts of 1931, being section 750.186a of the Michigan22Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 23 750.186A, regarding escape or attempted escape from a juvenile 24 facility, but only if the juvenile facility from which the juve- 25 nile escaped or attempted to escape was 1 of the following: 26 (i) A high-security or medium-security facility operated by 27 the family independence agency OR A COUNTY JUVENILE AGENCY. S03599'97 ** 16 1 (ii) A high-security facility operated by a private agency 2 under contract with the family independence agency OR A COUNTY 3 JUVENILE AGENCY. 4 (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 5 the public health code,Act No. 368 of the Public Acts of 1978,6being sections 333.7401 and 333.7403 of the Michigan Compiled7Laws1978 PA 368, MCL 333.7401 AND 333.7403. 8 (e) An attempt to commit a violation described in subdivi- 9 sions (a) to (d). 10 (f) Conspiracy to commit a violation described in subdivi- 11 sions (a) to (d). 12 (g) Solicitation to commit a violation described in subdivi- 13 sions (a) to (d). 14 (h) Any lesser included offense of an offense described in 15 subdivisions (a) to (g) if the juvenile is alleged in the peti- 16 tion to have committed an offense described in subdivisions (a) 17 to (g). 18 (i) Any other offense arising out of the same transaction as 19 an offense described in subdivisions (a) to (g) if the juvenile 20 is alleged in the petition to have committed an offense described 21 in subdivisions (a) to (g). 22 SEC. 2E. (1) THE COURT MAY ENTER INTO AN AGREEMENT WITH ANY 23 OR ALL DISTRICT COURTS OR MUNICIPAL COURTS WITHIN THE COURT'S 24 GEOGRAPHIC JURISDICTION TO WAIVE JURISDICTION OVER ANY OR ALL 25 CIVIL INFRACTIONS ALLEGED TO HAVE BEEN COMMITTED BY JUVENILES 26 WITHIN THE GEOGRAPHIC JURISDICTION OF THE DISTRICT COURT OR S03599'97 ** 17 1 MUNICIPAL COURT. THE AGREEMENT SHALL SPECIFY FOR WHICH CIVIL 2 INFRACTIONS THE COURT WAIVES JURISDICTION. 3 (2) FOR A CIVIL INFRACTION WAIVED UNDER SUBSECTION (1) COM- 4 MITTED BY A JUVENILE ON OR AFTER THE EFFECTIVE DATE OF THE AGREE- 5 MENT, THE DISTRICT COURT OR MUNICIPAL COURT HAS JURISDICTION OVER 6 THE JUVENILE IN THE SAME MANNER AS IF AN ADULT HAD COMMITTED THE 7 CIVIL INFRACTION. THE COURT HAS JURISDICTION OVER JUVENILES WHO 8 COMMIT ANY OTHER CIVIL INFRACTION. 9 Sec. 8. The office of county agent is created. The county 10 agentshall beIS an officer of the court and under the general 11 supervision of the judges of the court and shall serve at their 12 pleasure. The county agent shall organize, direct and develop 13 the juvenile welfare work of the court as authorized by the 14 judge. When requested by the superintendent or director, the 15 county agent shall supervise juveniles released from public 16 institutions or agencies and may perform other juvenile welfare 17 work as requested and with the approval of the judge, including 18 services to school-age juveniles of the various school districts 19 within the county, after consultation and agreement with the 20 county school commissioner and the superintendents of schools in 21 a county.TheWITH THE JUDGE'S APPROVAL, THE county agent or 22 HIS OR HER assistants shall, with the approval of the judge,23make investigations and reportsINVESTIGATE AND REPORT on juve- 24 niles or families within the county as requested by the family 25 independence agency, THE COUNTY JUVENILE AGENCY, orbythe 26 superintendent of any state institution regarding the welfare of S03599'97 ** 18 1 any juvenile. Assistant county agents shall perform the duties 2 assigned to them by the county agent. 3 Sec. 16. (1) If a juvenile under the age of 17 years is 4 taken into custody or detained, the juvenile shall not be con- 5 fined in any police station, prison, jail, lock-up, or reforma- 6 tory,orbetransported with, or compelled or permitted to 7 associate or mingle with, criminal or dissolute persons. 8 However, except as otherwise provided in section 15(3), (4), and 9 (5) of this chapter, THE COURT MAY ORDER a juvenile 15 years of 10 age or older whose habits or conduct are considered a menace to 11 other juveniles, or who may not otherwise be safely detained, 12may, on order of the court, beplaced in a jail or other place 13 of detention for adults, but in a room or ward separate from 14 adults,and fora periodnotto exceedMORE THAN 30 days, 15 unless longer detention is necessary for the service of process. 16 (2)Provision may be made by theTHE county board of com- 17 missioners in each county or of counties contracting together MAY 18 PROVIDE for the diagnosis, treatment, care, training, and deten- 19 tion of juveniles in a child care hometo beOR FACILITY con- 20 ducted as an agency of the county if the home or facility meets 21 licensing standards establishedby the family independence22agency pursuant to subsection (5)UNDER 1973 PA 116, MCL 722.111 23 TO 722.128. The court or a court approved agency may arrange for 24 the boarding of juvenilesbyIN any of the following: 25 (a) If a juvenile is within the court's jurisdiction under 26 section 2(a) of this chapter,ina suitable foster care home 27 subject to the court's supervision. If a juvenile is within the S03599'97 ** 19 1 court's jurisdiction under section 2(b) of this chapter, the 2 court shall not place a juvenile in a foster care home subject to 3 the court's supervision. 4 (b)In aA childcareCARING institution or child plac- 5 ing agency licensed by thefamily independence agency6 DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES to receive for care 7 juveniles within the COURT'S jurisdiction.of the court.8 (c) If in a room or ward,separate and apart from adult 9 criminals,inthe county jailin cases ofFOR juveniles over 10 17 years of age within the COURT'S jurisdiction.of the court.11 (3) If a detention home OR FACILITY is established as an 12 agency of the county, the judge may appoint a superintendent and 13 other necessary employees for the home OR FACILITY who shall 14 receive compensation asshall beprovided by the county board 15 of commissioners of the county. This section does not alter or 16 diminish the legal responsibility of the family independence 17 agency OR A COUNTY JUVENILE AGENCY to receive juveniles committed 18 by theprobate courtsCOURT. 19 (4) If the court under subsection (2) arranges for the board 20 of juveniles temporarily detained in private homes or in a child 21careCARING institution or child placing agency, a reasonable 22 sum, to befixed by the court,fortheTHEIR boardof23the juvenilesshall be paid by the county treasurerout of the24general fund of the countyAS PROVIDED IN SECTION 25 OF THIS 25 CHAPTER. S03599'97 ** 20 1 (5) A court shall not provide foster care home services 2 subject to the court's supervision to juveniles within section 3 2(b) of this chapter. 4 (6) A juvenile detention home described in subsection (3) 5 shall be operated under the direction of the county board of com- 6 missioners or, in a county that has an elected county executive, 7 under the COUNTY EXECUTIVE'S direction.of the county8executive.However, a different method for directing the opera- 9 tion of ayouthdetention home may be agreed to in any county 10 by the chief judge of the circuit court in that county and the 11 county board of commissioners or, in a county that has an elected 12 county executive, the county executive. 13 Sec. 18. (1) If the court finds that a juvenile concerning 14 whom a petition is filed is not within this chapter, the court 15 shall enter an order dismissing the petition. Except as other- 16 wise provided in subsection (10), if the court finds that a juve- 17 nile is within this chapter, the court may enter any of the fol- 18 lowing orders of disposition that are appropriate for the welfare 19 of the juvenile and society in view of the facts proven and 20 ascertained: 21 (a) Warn the juvenile or the juvenile's parents, guardian, 22 or custodian and, except as provided in subsection (7), dismiss 23 the petition. 24 (b) Place the juvenile on probation, or under supervision in 25 the juvenile's own home or in the home of an adult who is related 26 to the juvenile. As used in this subdivision, "related" means 27 being a parent, grandparent, brother, sister, stepparent, S03599'97 ** 21 1 stepsister, stepbrother, uncle, or aunt by marriage, blood, or 2 adoption. The court shall order the terms and conditions of pro- 3 bation or supervision, including reasonable rules for the conduct 4 of the parents, guardian, or custodian, if any, as the court 5 determines necessary for the physical, mental, or moral 6 well-being and behavior of the juvenile. 7 (c) If a juvenile is within the court's jurisdiction under 8 section 2(a) of this chapter, place the juvenile in a suitable 9 foster care home subject to the court's supervision. If a juve- 10 nile is within the court's jurisdiction under section 2(b) of 11 this chapter, the court shall not place a juvenile in a foster 12 care home subject to the court's supervision. 13 (d)PlaceEXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVI- 14 SION, PLACE the juvenile in or commit the juvenile to a private 15 institution or agency approved or licensed by the department of 16 consumer and industry services for the care of juveniles of simi- 17 lar age, sex, and characteristics. IF THE COUNTY IS A COUNTY 18 JUVENILE AGENCY, THE COURT SHALL COMMIT THE JUVENILE TO THAT 19 COUNTY JUVENILE AGENCY FOR PLACEMENT IN OR COMMITMENT TO SUCH AN 20 INSTITUTION OR AGENCY UNDER CONTRACT WITH THE COUNTY JUVENILE 21 AGENCY AS THE COURT ORDERS OR, TO THE EXTENT AUTHORIZED BY COURT 22 ORDER AND SUBJECT TO ANY LEVEL OF PLACEMENT THE COURT DESIGNATES 23 BY ORDER, AS THE COUNTY JUVENILE AGENCY DETERMINES IS MOST 24 APPROPRIATE. 25 (e)CommitEXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVI- 26 SION, COMMIT the juvenile to a public institution, county 27 facility, institution operated as an agency of the court or S03599'97 ** 22 1 county, or agency authorized by law to receive juveniles of 2 similar age, sex, and characteristics. IF THE COUNTY IS A COUNTY 3 JUVENILE AGENCY, THE COURT SHALL COMMIT THE JUVENILE TO THAT 4 COUNTY JUVENILE AGENCY FOR PLACEMENT IN OR COMMITMENT TO SUCH AN 5 INSTITUTION OR FACILITY OPERATED BY OR UNDER CONTRACT WITH THE 6 COUNTY JUVENILE AGENCY AS THE COURT ORDERS OR, TO THE EXTENT 7 AUTHORIZED BY COURT ORDER AND SUBJECT TO ANY LEVEL OF PLACEMENT 8 THE COURT DESIGNATES BY ORDER, AS THE COUNTY JUVENILE AGENCY 9 DETERMINES IS MOST APPROPRIATE. THE COURT SHALL NOT COMMIT THE 10 JUVENILE TO AN INSTITUTION OR FACILITY OPERATED BY THE FAMILY 11 INDEPENDENCE AGENCY, BUT SHALL COMMIT THE JUVENILE TO THE FAMILY 12 INDEPENDENCE AGENCY FOR PLACEMENT IN OR COMMITMENT TO THE INSTI- 13 TUTION OR FACILITY THE FAMILY INDEPENDENCE AGENCY DETERMINES IS 14 MOST APPROPRIATE, SUBJECT TO ANY LEVEL OF PLACEMENT THE COURT 15 DESIGNATES. In a placement under subdivision (d) or a commitment 16 under this subdivision, except to a state institution OR A COUNTY 17 JUVENILE AGENCY INSTITUTION, the JUVENILE'S religious affiliation 18of the juvenileshall be protected by placement or commitment 19 to a private child-placing or child-caring agency or institution, 20 if available.In everyEXCEPT FOR COMMITMENT TO THE FAMILY 21 INDEPENDENCE AGENCY OR A COUNTY JUVENILE AGENCY, AN order of com- 22 mitment under this subdivision to a state institution or agency 23 described in the youth rehabilitation services act, 1974 PA 150, 24 MCL 803.301 to 803.309, or in 1935 PA 220, MCL 400.201 to 25 400.214, the court shall name the superintendent of the institu- 26 tion to which the juvenile is committed as a special guardian to 27 receive benefits due the juvenile from the government of the S03599'97 ** 23 1 United States., and theAN ORDER OF COMMITMENT UNDER THIS 2 SUBDIVISION TO THE FAMILY INDEPENDENCE AGENCY OR A COUNTY JUVE- 3 NILE AGENCY SHALL NAME THAT AGENCY AS A SPECIAL GUARDIAN TO 4 RECEIVE THOSE BENEFITS. THE benefits RECEIVED BY THE SPECIAL 5 GUARDIAN shall be used to the extent necessary to pay for the 6 portions of the cost of care in the institution OR FACILITY that 7 the parent or parents are found unable to pay. 8 (f) Provide the juvenile with medical, dental, surgical, or 9 other health care, in a local hospital if available, or else- 10 where, maintaining as much as possible a local physician-patient 11 relationship, and with clothing and other incidental itemsas12 the courtconsidersDETERMINES ARE necessary. 13 (g) Order the parents, guardian, custodian, or any other 14 person to refrain from continuing conduct that the court deter- 15 mines has caused or tended to cause the juvenile to come within 16 or to remain under this chapter,or that obstructs placement 17 or commitment of the juvenile pursuant to an order under this 18 section. 19 (h) Appoint a guardian under section 424 of the revised pro- 20 bate code, 1978 PA 642, MCL 700.424, pursuant to a petition filed 21 with the court by a person interested in the JUVENILE'S welfare. 22of the juvenile.If the court appoints a guardian pursuant to 23 this subdivision, it mayenter an order dismissingDISMISS the 24 petition under this chapter. 25 (i) Order the juvenile to engage in community service. 26 (j) If the court finds that a juvenile has violated a 27 municipal ordinance or a state or federal law, order the juvenile S03599'97 ** 24 1 to pay a civil fine in the amount of the civil or penal fine 2 provided by the ordinance or law. Money collected from fines 3 levied under this subsection shall be distributed as provided in 4 section 29 of this chapter. 5 (k) Order the juvenile to pay court costs. Money collected 6 from costs ordered under this subsection shall be distributed as 7 provided in section 29 of this chapter. 8 (l) If a juvenile is within the court's jurisdiction under 9 section 2(a)(1) of this chapter, order the juvenile's parent or 10 guardian to personally participate in treatment reasonably avail- 11 able in the parent's or guardian's location. 12 (m) If a juvenile is within the court's jurisdiction under 13 section 2(a)(1) of this chapter, place the juvenile in and order 14 the juvenile to complete satisfactorily a program of training in 15 a juvenile boot camp established by the family independence 16 agency under the juvenile boot camp act, 1996 PA 263, 17 MCL 400.1301 to 400.1309, as provided in that act. IF THE COUNTY 18 IS A COUNTY JUVENILE AGENCY, HOWEVER, THE COURT SHALL COMMIT THE 19 JUVENILE TO THAT COUNTY JUVENILE AGENCY FOR PLACEMENT IN THE PRO- 20 GRAM UNDER THAT ACT. Upon receiving a report of satisfactory com- 21 pletion of the program from the family independence agency, the 22 court shall authorize the juvenile's release from placement in 23 the juvenile boot camp. Following satisfactory completion of the 24 juvenile boot camp program, the juvenile shall complete an addi- 25 tional period of not less than 120 days or more than 180 days of 26 intensive supervised community reintegration in the juvenile's 27 local community. To place OR COMMIT a juvenilein a juvenileS03599'97 ** 25 1boot camp programUNDER THIS SUBDIVISION, the court shall 2 determine all of the following: 3 (i) Placement in a juvenile boot camp will benefit the 4 juvenile. 5 (ii) The juvenile is physically able to participate in the 6 program. 7 (iii) The juvenile does not appear to have any mental handi- 8 cap that would prevent participation in the program. 9 (iv) The juvenile will not be a danger to other juveniles in 10 the boot camp. 11 (v) There is an opening in a juvenile boot camp program. 12 (vi) IF THE COURT MUST COMMIT THE JUVENILE TO A COUNTY JUVE- 13 NILE AGENCY, THE COUNTY JUVENILE AGENCY IS ABLE TO PLACE THE 14 JUVENILE IN A JUVENILE BOOT CAMP PROGRAM. 15 (n) If the court entered a judgment of conviction under sec- 16 tion 2d of this chapter, enter any disposition under this section 17 or, if the court determines that the best interests of the public 18 would be served, impose any sentence upon the juvenile that could 19 be imposed upon an adult convicted of the offense for which the 20 juvenile was convicted. If the juvenile is convicted of a viola- 21 tion or conspiracy to commit a violation of section 7401(2)(a)(i) 22 or 7403(2)(a)(i) of the public health code, 1978 PA 368, 23 MCL 333.7401 and 333.7403, the court may impose the alternative 24 sentence permitted under those sections if the court determines 25 that the best interests of the public would be served. The court 26 may delay imposing a sentence of imprisonment under this 27 subdivision for a period not longer than the period during which S03599'97 ** 26 1 the court has jurisdiction over the juvenile under this chapter 2 by entering an order of disposition delaying imposition of sen- 3 tence and placing the juvenile on probation upon the terms and 4 conditions it considers appropriate, including any disposition 5 under this section. If the court delays imposing sentence under 6 this section, section 18i of this chapter applies. If the court 7 imposes sentence, it shall enter a judgment of sentence. If the 8 court imposes a sentence of imprisonment, the juvenile shall 9 receive credit against the sentence for time served before 10 sentencing. In determining whether to enter an order of disposi- 11 tion or impose a sentence under this subdivision, the court shall 12 consider all of the following factors, giving greater weight to 13 the seriousness of the offense and the juvenile's prior record: 14 (i) The seriousness of the offense in terms of community 15 protection, including, but not limited to, the existence of any 16 aggravating factors recognized by the sentencing guidelines, the 17 use of a firearm or other dangerous weapon, and the impact on any 18 victim. 19 (ii) The JUVENILE'S culpabilityof the juvenilein commit- 20 ting the offense, including, but not limited to, the level of the 21 juvenile's participation in planning and carrying out the offense 22 and the existence of any aggravating or mitigating factors recog- 23 nized by the sentencing guidelines. 24 (iii) The juvenile's prior record of delinquency including, 25 but not limited to, any record of detention, any police record, 26 any school record, or any other evidence indicating prior 27 delinquent behavior. S03599'97 ** 27 1 (iv) The juvenile's programming history, including, but not 2 limited to, the juvenile's past willingness to participate mean- 3 ingfully in available programming. 4 (v) The adequacy of the punishment or programming available 5 in the juvenile justice system. 6 (vi) The dispositional options available for the juvenile. 7 (2) An order of disposition placing a juvenile in or commit- 8 ting a juvenile to care outside of the juvenile's own home and 9 under state, COUNTY JUVENILE AGENCY, or court supervision shall 10 contain a provision for reimbursement by the juvenile, parent, 11 guardian, or custodian to the court for the cost of care or 12 service. The order shall be reasonable, taking into account both 13 the income and resources of the juvenile, parent, guardian, or 14 custodian. The amount may be based upon the guidelines and model 15 schedule created under subsection (6). If the juvenile is 16 receiving an adoption support subsidy under section 115j(4) of 17 the social welfare act, 1939 PA 280, MCL 400.115j, the amount 18 shall not exceed the amount of the support subsidy. The reim- 19 bursement provision applies during the entire period the juvenile 20 remains in care outside of the juvenile's own home and under 21 state, COUNTY JUVENILE AGENCY, or court supervision, unless the 22 juvenile is in the permanent custody of the court. The court 23 shall provide for the collection of all amounts ordered to be 24 reimbursed,and the money collected shall be accounted for and 25 reported to the county board of commissioners. Collections to 26 cover delinquent accounts or to pay the balance due on 27 reimbursement orders may be made after a juvenile is released or S03599'97 ** 28 1 discharged from care outside the juvenile's own home and under 2 state, COUNTY JUVENILE AGENCY, or court supervision. Twenty-five 3 percent of all amounts collected pursuant to an order entered 4 under this subsection shall be credited to the appropriate fund 5 of the county to offset the administrative cost of collections. 6 The balance of all amounts collected under an order entered under 7 this subsection shall be divided in the same ratio in which the 8 county, state, and federal government participate in the cost of 9 care outside the juvenile's own home and under state, COUNTY 10 JUVENILE AGENCY, or court supervision. The court may also col- 11 lect benefits paid for the cost of care of a court ward from the 12 government of the United States. Money collected for juveniles 13 placed BY THE COURT with or committed to the family independence 14 agency OR A COUNTY JUVENILE AGENCY shall be accounted for and 15 reported on an individual juvenile basis. In cases of delinquent 16 accounts, the court may also enter an order to intercept state or 17 federal tax refunds of a juvenile, parent, guardian, or custodian 18 and initiate the necessary offset proceedings in order to recover 19 the cost of care or service. The court shall send to the person 20 who is the subject of the intercept order advance written notice 21 of the proposed offset. The notice shall include notice of the 22 opportunity to contest the offset on the grounds that the inter- 23 cept is not proper because of a mistake of fact concerning the 24 amount of the delinquency or the identity of the person subject 25 to the order. The court shall provide for the prompt reimburse- 26 ment of an amount withheld in error or an amount found to exceed 27 the delinquent amount. S03599'97 ** 29 1 (3) An order of disposition placing a juvenile in the 2 juvenile's own home under subsection (1)(b) may contain a provi- 3 sion for reimbursement by the juvenile, parent, guardian, or cus- 4 todian to the court for the cost of service. If an order is 5 entered under this subsection, an amount due shall be determined 6 and treated in the same manner provided for an order entered 7 under subsection (2). 8 (4) An order directed to a parent or a person other than the 9 juvenile is not effective and binding on the parent or other 10 person unless opportunity for hearing is givenpursuant toBY 11 issuance of summons or notice as provided in sections 12 and 13 12 of this chapter,and until a copy of the order, bearing the 13 seal of the court, is served on the parent or other person as 14 provided in section 13 of this chapter. 15 (5) If the court appoints an attorney to represent a juve- 16 nile, parent, guardian, or custodian, the court may require in an 17 order entered under this section that the juvenile, parent, 18 guardian, or custodian reimburse the court for attorney fees. 19 (6) The office of the state court administrator, under the 20 supervision and direction of the supreme court and in consulta- 21 tion with the family independence agency and the Michigan probate 22 judges association, shall create guidelines and a model schedule 23thatTHE COURT maybe used by the courtUSE in determining 24 the ability of the juvenile, parent, guardian, or custodian to 25 pay for care and any costs of service ordered under subsection 26 (2) or (3). The guidelines and model schedule shall take into S03599'97 ** 30 1 account both the income and resources of the juvenile, parent, 2 guardian, or custodian. 3 (7) If the court finds that a juvenile comes under section 4 30 of this chapter, the court shall order the juvenile or the 5 juvenile's parent to pay restitution as provided in sections 30 6 and 31 of this chapter and in sections 44 and 45 of the crime 7 victim's rights act, 1985 PA 87, MCL 780.794 and 780.795. 8 (8) If the court imposes restitution as a condition of pro- 9 bation, the court shall require the juvenile to do either of the 10 following as an additional condition of probation: 11 (a) Engage in community service or, with the victim's con- 12 sent, perform services for the victim. 13 (b) Seek and maintain paid employment and pay restitution to 14 the victim from the earnings of that employment. 15 (9) If the court finds that the juvenile is in intentional 16 default of the payment of restitution, a court may, as provided 17 in section 31 of this chapter, revoke or alter the terms and con- 18 ditions of probation for nonpayment of restitution. If a juve- 19 nile who is ordered to engage in community service intentionally 20 refuses to perform the required community service, the court may 21 revoke or alter the terms and conditions of probation. 22 (10)For the purposes of this subsection and23subsection (11), "juvenile offense" means that term as defined in24section 1a of 1925 PA 289, MCL 28.241a.The court shall not 25 enter an order of disposition for a juvenile offense AS DEFINED 26 IN SECTION 1A OF 1925 PA 289, MCL 28.241A, OR A JUDGMENT OF 27 SENTENCE FOR A CONVICTION until the court has examined the court S03599'97 ** 31 1 file and has determined that the juvenile's fingerprints have 2 been taken as required by section 3 of 1925 PA 289, MCL 28.243. 3 If a juvenile has not had his or her fingerprints taken, the 4 court shall do either of the following: 5 (a) Order the juvenile to submit himself or herself to the 6 police agency that arrested or obtained the warrant for the 7 JUVENILE'S arrestof the juvenileso the juvenile's finger- 8 prints can be taken. 9 (b) Order the juvenile committed to the SHERIFF'S custody 10of the sheriffforthetakingofthe juvenile's 11 fingerprints. 12 (11) Upon FINAL disposition, CONVICTION, ACQUITTAL, or dis- 13 missal ofa juvenileAN offense WITHIN THE COURT'S JURISDICTION 14 UNDER SECTION 2(A)(1) OF THIS CHAPTER, the clerk of the court 15 entering the FINAL disposition, CONVICTION, ACQUITTAL, or dis- 16 missal shall immediately advise the department of state police of 17theTHAT FINAL disposition, CONVICTION, ACQUITTAL, or dismissal 18 on forms approved by the state court administrator, AS REQUIRED 19 BY SECTION 3 OF 1925 PA 289, MCL 28.243. The report to the 20 department of state police shall include information as to the 21 finding of the judge or jury and a summary of the disposition OR 22 SENTENCE imposed. 23 (12) If the court enters an order of disposition based on an 24 act that is a juvenile offense as defined in section 1 of 1989 25 PA 196, MCL 780.901, the court shall order the juvenile to pay 26 the assessment as provided in that act. If the court enters a 27 judgment of conviction under section 2d of this chapter for an S03599'97 ** 32 1 offense that is a felony, serious misdemeanor, or specified 2 misdemeanor as defined in section 1 of 1989 PA 196, MCL 780.901, 3 the court shall order the juvenile to pay the assessment as pro- 4 vided in that act. 5 (13) If the court has entered an order of disposition OR A 6 JUDGMENT OF CONVICTION for a listed offense as defined in section 7 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, 8 the court,orthe family independence agency, OR THE COUNTY 9 JUVENILE AGENCY shall register the juvenile or accept the 10 juvenile's registration as provided in the sex offenders regis- 11 tration act, 1994 PA 295, MCL 28.721 to 28.732. 12 (14) If the court enters an order of disposition placing a 13 juvenile in a juvenile boot camp program, OR COMMITTING A JUVE- 14 NILE TO A COUNTY JUVENILE AGENCY FOR PLACEMENT IN A JUVENILE BOOT 15 CAMP PROGRAM, and the court receives from the family independence 16 agency a report that the juvenile has failed to perform satisfac- 17 torily in the program,or a reportthat the juvenile does not 18 meet the program's requirements or is medically unable to partic- 19 ipate in the program for more than 25 days,or a reportthat 20 there isnot anNO opening in a juvenile boot camp program, OR 21 THAT THE COUNTY JUVENILE AGENCY IS UNABLE TO PLACE THE JUVENILE 22 IN A JUVENILE BOOT CAMP PROGRAM, the court shall release the 23 juvenile from placementin the juvenile boot campOR COMMITMENT 24 and enter an alternative order of disposition. A juvenile shall 25 not be placed in a juvenile boot camp pursuant to an order of 26 disposition more than once, except that a juvenile returned to 27 the court for a medical condition,orbecause there wasnotS03599'97 ** 33 1anNO opening in a juvenile boot camp program, OR BECAUSE THE 2 COUNTY JUVENILE AGENCY WAS UNABLE TO PLACE THE JUVENILE IN A 3 JUVENILE BOOT CAMP PROGRAM may be placed again in the juvenile 4 boot camp program after the medical condition is corrected,or5 an opening becomes available,in a juvenile boot camp program6 OR THE COUNTY JUVENILE AGENCY IS ABLE TO PLACE THE JUVENILE. 7 (15) The court shall not impose a sentence of imprisonment 8 in the county jail under subsection (1)(n) unless the present 9 county jail facility for the JUVENILE'S imprisonmentof the10juvenilewould meet all requirements under federal law and regu- 11 lations for housing juveniles., and theTHE court shall not 12 impose the sentence until it consults with the sheriff to deter- 13 mine when the sentence will begin to ensure that space will be 14 available for the juvenile. 15 Sec. 18a. (1)WhereIF desirable or necessary, BUT 16 SUBJECT TO SUBSECTION (2), the court may placetheA child in 17 or commit the child to a private institution or agency incorpo- 18 rated under the laws of another state and approved or licensed by 19 that state's department of social welfare, or the equivalent 20 approving or licensing agency, for the care of children of simi- 21 lar age, sex, and characteristics.Any22 (2) IF 1 OR MORE APPROPRIATE JUVENILE RESIDENTIAL CARE PRO- 23 VIDERS LOCATED OR DOING BUSINESS IN THIS STATE HAVE BED SPACE 24 AVAILABLE, THE COURT SHALL PLACE THE CHILD WITH OR COMMIT THE 25 CHILD TO 1 OF THOSE PROVIDERS RATHER THAN USING A SPACE AVAILABLE 26 BY A PROVIDER LOCATED OR DOING BUSINESS IN ANOTHER STATE. THIS 27 REQUIREMENT DOES NOT APPLY IF THE PROVIDER LOCATED OR DOING S03599'97 ** 34 1 BUSINESS IN ANOTHER STATE OFFERS A PROGRAM THAT IS NOT AVAILABLE 2 IN THIS STATE. AS USED IN THIS SUBSECTION, "APPROPRIATE JUVENILE 3 RESIDENTIAL CARE PROVIDER" MEANS A PRIVATE NONPROFIT ENTITY DOMI- 4 CILED IN THIS STATE THAT IS LICENSED BY THE DEPARTMENT OF CON- 5 SUMER AND INDUSTRY SERVICES AND THAT ENTERED INTO 1 OR MORE CON- 6 TRACTS WITH THE FAMILY INDEPENDENCE AGENCY TO PROVIDE RESIDENTIAL 7 CARE SERVICES FOR JUVENILES ON OR BEFORE OCTOBER 1, 1997. 8 (3) AN order committing a child tosuchan out-of-state 9 institution madeprior toBEFORE the effective date ofthis10section whichTHE AMENDATORY ACT THAT ADDED SUBSECTION (2) THAT 11 is otherwise valid isherebyvalidated from the date of its 12 entry. 13 Sec. 18k. (1) An individual convicted of or found responsi- 14 ble for a violation of section 91, 316, or 317 OF THE MICHIGAN 15 PENAL CODE, 1931 PA 328, MCL 750.91, 750.316, AND 750.317, or a 16 violation or attempted violation of section 349, 520b, 520c, 17 520d, 520e, or 520g OF THAT ACT, MCL 750.349, 750.520B, 750.520C, 18 750.520D, 750.520E, AND 750.520G, shall provide samples for chem- 19 ical testing for DNA identification profiling or a determination 20 of the sample's genetic markers and shall provide samples for 21 chemical testing for a determination of his or her secretor 22 status. However, if at the time the individual is convicted of 23 or found responsible for the violation the investigating law 24 enforcement agency, the department of state police,orthe 25 family independence agency, OR THE COUNTY JUVENILE AGENCY already 26 has a sample from the individual that meets the requirements of 27 the rules promulgated under the DNA identification profiling S03599'97 ** 35 1 system act,Act No. 250 of the Public Acts of 1990, being2sections 28.171 to 28.176 of the Michigan Compiled Laws1990 PA 3 250, MCL 28.171 TO 28.176, the individual is not required to pro- 4 vide another sample. 5 (2) The investigating law enforcement agency shall provide 6 for collecting the samples required to be provided under 7 subsection (1) in a medically approved manner by qualified per- 8 sons using supplies provided by the department of state police 9 and shall forward those samples and any samples described in 10 subsection (1) that were already in the agency's possession to 11 the department of state police. The collecting and forwarding of 12 samples shall be done in the manner required under the rules 13 promulgated under the DNA identification profiling system act, 14Act No. 250 of the Public Acts of 19901990 PA 250, MCL 28.171 15 TO 28.176. 16 (3) The family independence agency oranA COUNTY JUVENILE 17 AGENCY, investigating law enforcement agency, prosecuting agency, 18 or court that has in its possession a DNA identification profile 19 obtained from a sample of an individual convicted of or found 20 responsible for an offense described in subsection (1) shall for- 21 ward the DNA identification profile to the department of state 22 police at or before the time the court imposes sentence or enters 23 an order of disposition upon that conviction or finding of 24 responsibility unless the department of state police already has 25 a DNA identification profile of the individual. 26 (4) As used in this section: S03599'97 ** 36 1 (a) "DNA identification profile" and "DNA identification 2 profiling" mean those terms as defined in section 2 of the DNA 3 identification profiling system act,Act No. 250 of the Public4Acts of 1990, being section 28.172 of the Michigan Compiled Laws5 1990 PA 250, MCL 28.172. 6 (b) "Investigating law enforcement agency" means the law 7 enforcement agency responsible for the investigation of the 8 offense for which the individual is convicted or found 9 responsible. 10 (c) "Sample" means a portion of an individual's blood, 11 saliva, or tissue collected from the individual. 12 Sec. 25. (1)ExpensesEXCEPT AS OTHERWISE PROVIDED BY 13 LAW, EXPENSES incurred in carrying out this chapter, except as14may otherwise be specifically provided by law,shall be paid 15 upon the COURT'S orderof the judge of probateby the county 16 treasurer from the COUNTY'S general fund.of the county.17 (2) A COUNTY THAT IS A COUNTY JUVENILE AGENCY MAY PAY 18 EXPENSES FOR COUNTY JUVENILE AGENCY SERVICES INCURRED IN CARRYING 19 OUT THIS CHAPTER FROM THE BLOCK GRANT DISTRIBUTED UNDER 20 SECTION 117A OF THE SOCIAL WELFARE ACT, 1939 PA 280, MCL 21 400.117A, AND IS NOT OBLIGATED UNDER SUBSECTION (1) TO PAY FOR 22 JUVENILE JUSTICE SERVICES OTHER THAN COUNTY JUVENILE AGENCY SERV- 23 ICES AS REQUIRED BY SECTION 117A OF THE SOCIAL WELFARE ACT. AS 24 USED IN THIS SUBSECTION, "COUNTY JUVENILE AGENCY SERVICES" AND 25 "JUVENILE JUSTICE SERVICE" MEAN THOSE TERMS AS DEFINED IN SECTION 26 117A OF THE SOCIAL WELFARE ACT. S03599'97 ** 37 1 Sec. 28. (1) Before June 1, 1988, the court shall maintain 2 records of all cases brought before it and as provided in the 3 juvenile diversion act., Act No. 13 of the Public Acts of 1988,4being sections 722.821 to 722.831 of the Michigan Compiled Laws.5 The records shall be open only by COURT orderof the courtto 6 persons having a legitimate interest, except that diversion 7 records shall be open only as provided inAct No. 13 of the8Public Acts of 1988THE JUVENILE DIVERSION ACT. 9 (2) Beginning June 1, 1988, the court shall maintain records 10 of all cases brought before it and as provided inAct No. 13 of11the Public Acts of 1988THE JUVENILE DIVERSION ACT. Except as 12 otherwise provided in this subsection, records of a case brought 13 before the court shall be open to the general public. Diversion 14 records shall be open only as provided inAct No. 13 of the15Public Acts of 1988THE JUVENILE DIVERSION ACT. Except as oth- 16 erwise provided in section 49 of the crime victim's rights act, 17Act No. 87 of the Public Acts of 1985, being section 780.799 of18the Michigan Compiled Laws1985 PA 87, MCL 780.799, if the hear- 19 ing of a case brought before the court is closed under section 17 20 of this chapter, the records of that hearing shall be open only 21 by COURT orderof the courtto persons having a legitimate 22 interest. 23 (3) If the court issues an order in respect to payments by a 24 parent under section 18(2) of this chapter, a copy shall be 25 mailed to the department of treasury. Action taken against par- 26 ents or adults shall not be released for publicity unless the 27 parents or adults areadjudgedFOUND guilty of contempt of S03599'97 ** 38 1 court. The court shall furnish the family independence agency 2 AND A COUNTY JUVENILE AGENCY with reports of the administration 3 of the court in a form recommended by the Michigan association of 4 probate and juvenile court judges. Copies of these reports 5 shall, upon request, be made available to other state departments 6 by the family independence agency. 7 (4) As used insubsections (1) and (2), "personsTHIS 8 SECTION: 9 (A) "JUVENILE DIVERSION ACT" MEANS THE JUVENILE DIVERSION 10 ACT, 1988 PA 13, MCL 722.821 TO 722.831. 11 (B) "PERSONS having a legitimate interest" includes a member 12 of a local foster care review board established underAct13No. 422 of the Public Acts of 1984, being sections 722.131 to14722.140 of the Michigan Compiled Laws1984 PA 422, MCL 722.131 15 TO 722.139A. 16 Enacting section 1. This amendatory act does not take 17 effect unless all of the following bills of the 89th Legislature 18 are enacted into law: 19 (a) Senate Bill No. 1183. 20 21 (b) Senate Bill No. 1184. 22 23 (c) Senate Bill No. 1185. 24 25 (d) Senate Bill No. 1186. 26 S03599'97 ** 39 1 (e) Senate Bill No. 1196. 2 3 (f) Senate Bill No. 1197. 4 S03599'97 ** Final page. JOJ