CHILD PROTECTION/DELINQUENCY ACTION                                                     H.B. 5744:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5744 (as reported without amendment)

Sponsor:  Representative Kenneth Kurtz

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would amend the Revised Judicature Act to provide that a party would not have to pay a court fee prescribed in Section 2529 of the Act if the party were filing a child protective action or a delinquency action under Section 2 of the juvenile code, or under the Young Adult Voluntary Foster Care Act.

(Section 2 of the juvenile code provides that the family court has the following authority and jurisdiction in proceedings concerning juveniles found within the county:

-- Exclusive original jurisdiction if the juvenile is younger than 17 and has committed certain violations of a municipal ordinance, State law, or Federal law.

-- Jurisdiction if the juvenile is younger than 18, under certain circumstances such as neglect, harm, or abandonment by a parent.

-- Jurisdiction over a juvenile under 18 years old, if jurisdiction has been waived to the family court by a circuit court under a temporary custody order related to a divorce proceeding.

-- Concurrent jurisdiction concerning a juvenile between the ages of 17 and 18, if voluntary services have been exhausted or refused and the juvenile is addicted to drugs or uses alcohol; associates with criminals, is found in a house of prostitution, associates with thieves, prostitutes, or pimps; or is willfully disobedient and in danger of becoming morally depraved.

-- If the court operates a juvenile detention home, authority to place a juvenile in the home pending trial, under certain circumstances.

-- Jurisdiction over a proceeding involving a personal protection order or a valid foreign protection order in which a minor younger than 18 is the respondent.

The Young Adult Voluntary Foster Care Act provides for extended foster care services and guardianship and adoption assistance for youths or adoptees who are at least 18 years old but younger than 21 and meet prescribed criteria.)

MCL 600.2529                                                                  Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on State government. The fiscal impact on local government is indeterminate, but likely would be negative. To the extent that circuit courts rely on the filing fees in question, the revenue would have to be made up from other areas.

Date Completed:  12-1-14                                                    Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.