HOUSE BILL No. 4845 May 30, 2001, Introduced by Reps. Hardman, Bernero, Bovin, Woodward, Hart, Jacobs, Schauer and Stewart and referred to the Committee on Education. A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 2, 6, 6a, and 11 of chapter XIIA (MCL 712A.2, 712A.6, 712A.6a, and 712A.11), section 2 as amended by 2000 PA 55, sections 6 and 11 as amended by 1996 PA 409, and section 6a as added by 1996 PA 252, and by adding sections 11a and 17e to chapter XIIA. 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 another court in proceedings 6 concerning a juvenile under 17 years of age who is found within 7 the county if 1 or more of the followingappliesAPPLY: 00772'01 a ** MRM 2 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 juve- 7 nile 14 years of age or older who is charged with a specified 8 juvenile violation only if the prosecuting attorney files a peti- 9 tion in the court instead of authorizing a complaint and 10 warrant. As used in this sub-subdivision, "specified juvenile 11 violation" means 1 or more 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, 1931 14 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 15 750.317, 750.349, 750.520b, 750.529, 750.529a, and 750.531. 16 (B) A violation of section 84 or 110a(2) of the Michigan 17 penal code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile 18 is armed with a dangerous weapon. As used in this paragraph, 19 "dangerous weapon" means 1 or more of the following: 20 (i) A loaded or unloaded firearm, whether operable or 21 inoperable. 22 (ii) A knife, stabbing instrument, brass knuckles, black- 23 jack, club, or other object specifically designed or customarily 24 carried or possessed for use as a weapon. 25 (iii) An object that is likely to cause death or bodily 26 injury when used as a weapon and that is used as a weapon or 27 carried or possessed for use as a weapon. 00772'01 a ** 3 1 (iv) An object or device that is used or fashioned in a 2 manner to lead a person to believe the object or device is an 3 object or device described in subparagraphs (i) to (iii). 4 (C) A violation of section 186a of the Michigan penal code, 5 1931 PA 328, MCL 750.186a, regarding escape or attempted escape 6 from a juvenile facility, but only if the juvenile facility from 7 which the individual escaped or attempted to escape was 1 of the 8 following: 9 (i) A high-security or medium-security facility operated by 10 the family independence agency or a county juvenile agency. 11 (ii) A high-security facility operated by a private agency 12 under contract with the family independence agency or a county 13 juvenile agency. 14 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 15 the public health code, 1978 PA 368, MCL 333.7401 and 333.7403. 16 (E) An attempt to commit a violation described in paragraphs 17 (A) to (D). 18 (F) Conspiracy to commit a violation described in paragraphs 19 (A) to (D). 20 (G) Solicitation to commit a violation described in para- 21 graphs (A) to (D). 22 (H) A lesser included offense of a violation described in 23 paragraphs (A) to (G) if the individual is charged with a viola- 24 tion described in paragraphs (A) to (G). 25 (I) Another violation arising out of the same transaction as 26 a violation described in paragraphs (A) to (G) if the individual 27 is charged with a violation described in paragraphs (A) to (G). 00772'01 a ** 4 1 (2) The juvenile has deserted his or her home without 2 sufficient cause, and the court finds on the record that the 3 juvenile has been placed or refused alternative placement or the 4 juvenile and the juvenile's parent, guardian, or custodian have 5 exhausted or refused family counseling. 6 (3) The juvenile is repeatedly disobedient to the reasonable 7 and lawful commands of his or her parents, guardian, or custodi- 8 an, and the court finds on the record by clear and convincing 9 evidence that court-accessed services are necessary. 10 (4) The juvenile willfully and repeatedly absents himself or 11 herself from school or other learning program intended to meet 12 the juvenile's educational needs, or repeatedly violates rules 13 and regulations of the school or other learning program, and the 14 court finds on the record that the juvenile, the juvenile's 15 parent, guardian, or custodian, and school officials or learning 16 program personnel have met on the juvenile's educational problems 17 and educational counseling and alternative agency help have been 18 sought. As used in this sub-subdivision only, "learning program" 19 means an organized educational program that is appropriate, given 20 the age, intelligence, ability, and psychological limitations of 21 a juvenile, in the subject areas of reading, spelling, mathemat- 22 ics, science, history, civics, writing, and English grammar. 23 (5) THE JUVENILE IS A TRUANT AS DEFINED IN THE STATE 24 APPROVED LOCAL TRUANCY POLICY REQUIRED UNDER SECTION 1590 OF THE 25 REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1590, AND, IF APPLICA- 26 BLE, A PARENT OR OTHER PERSON IN PARENTAL RELATIONSHIP FAILS TO 27 RESPOND TO WRITTEN NOTICE REQUIRED BY THE STATE APPROVED LOCAL 00772'01 a ** 5 1 TRUANCY POLICY OR THE PARENT OR OTHER PERSON IN PARENTAL 2 RELATIONSHIP CONTINUES TO FAIL TO COMPLY WITH THE STATE APPROVED 3 LOCAL TRUANCY POLICY. 4 (b) Jurisdiction in proceedings concerning a juvenile under 5 18 years of age found within the county: 6 (1) Whose parent or other person legally responsible for the 7 care and maintenance of the juvenile, when able to do so, 8 neglects or refuses to provide proper or necessary support, edu- 9 cation, medical, surgical, or other care necessary for his or her 10 health or morals, who is subject to a substantial risk of harm to 11 his or her mental well-being, who is abandoned by his or her par- 12 ents, guardian, or other custodian, or who is without proper cus- 13 tody or guardianship. As used in this sub-subdivision: 14 (A) "Education" means learning based on an organized educa- 15 tional program that is appropriate, given the age, intelligence, 16 ability, and psychological limitations of a juvenile, in the 17 subject areas of reading, spelling, mathematics, science, histo- 18 ry, civics, writing, and English grammar. 19 (B) "Without proper custody or guardianship" does not mean a 20 parent has placed the juvenile with another person who is legally 21 responsible for the care and maintenance of the juvenile and who 22 is able to and does provide the juvenile with proper care and 23 maintenance. 24 (2) Whose home or environment, by reason of neglect, cruel- 25 ty, drunkenness, criminality, or depravity on the part of a 26 parent, guardian, nonparent adult, or other custodian, is an 27 unfit place for the juvenile to live in. 00772'01 a ** 6 1 (3) Whose parent has substantially failed, without good 2 cause, to comply with a limited guardianship placement plan 3 described in section 5205 of the estates and protected individu- 4 als code, 1998 PA 386, MCL 700.5205, regarding the juvenile. 5 (4) Whose parent has substantially failed, without good 6 cause, to comply with a court-structured plan described in sec- 7 tion 5207 or 5209 of the estates and protected individuals code, 8 1998 PA 386, MCL 700.5207 and 700.5209, regarding the juvenile. 9 (5) If the juvenile has a guardian under the estates and 10 protected individuals code, 1998 PA 386, MCL 700.1101 to 11 700.8102, and the juvenile's parent meets both of the following 12 criteria: 13 (A) The parent, having the ability to support or assist in 14 supporting the juvenile, has failed or neglected, without good 15 cause, to provide regular and substantial support for the juve- 16 nile for 2 years or more before the filing of the petition or, if 17 a support order has been entered, has failed to substantially 18 comply with the order for 2 years or more before the filing of 19 the petition. 20 (B) The parent, having the ability to visit, contact, or 21 communicate with the juvenile, has regularly and substantially 22 failed or neglected, without good cause, to do so for 2 years or 23 more before the filing of the petition. 24 If a petition is filed in the court alleging that a juvenile 25 is within the provisions of subdivision (b)(1), (2), (3), (4), or 26 (5) and the custody of that juvenile is subject to the prior or 27 continuing order of another court of record of this state, the 00772'01 a ** 7 1 manner of notice to the other court of record and the authority 2 of the court to proceed is governed by rule of the supreme 3 court. 4 (c) Jurisdiction over juveniles under 18 years of age, 5 jurisdiction of whom has been waived to the family division of 6 circuit court by a circuit court under a provision in a temporary 7 order for custody of juveniles based upon a complaint for divorce 8 or upon a motion related to a complaint for divorce by the prose- 9 cuting attorney, in a divorce judgment dissolving a marriage 10 between the juvenile's parents, or by an amended judgment rela- 11 tive to the juvenile's custody in a divorce. 12 (d) If the court finds on the record that voluntary services 13 have been exhausted or refused, concurrent jurisdiction in pro- 14 ceedings concerning a juvenile between the ages of 17 and 18 15 found within the county who is 1 or more of the following: 16 (1) Repeatedly addicted to the use of drugs or the intemper- 17 ate use of alcoholic liquors. 18 (2) Repeatedly associating with criminal, dissolute, or dis- 19 orderly persons. 20 (3) Found of his or her own free will and knowledge in a 21 house of prostitution, assignation, or ill-fame. 22 (4) Repeatedly associating with thieves, prostitutes, pimps, 23 or procurers. 24 (5) Willfully disobedient to the reasonable and lawful com- 25 mands of his or her parents, guardian, or other custodian and in 26 danger of becoming morally depraved. 00772'01 a ** 8 1 If a juvenile is brought before the court in a county other 2 than that in which the juvenile resides, before a hearing and 3 with the consent of the judge of the court in the county of resi- 4 dence, the court may enter an order transferring jurisdiction of 5 the matter to the court of the county of residence. Consent to 6 transfer jurisdiction is not required if the county of residence 7 is a county juvenile agency and satisfactory proof of residence 8 is furnished to the court of the county of residence. The order 9 does not constitute a legal settlement in this state that is 10 required for the purpose of section 55 of the social welfare act, 11 1939 PA 280, MCL 400.55. The order and a certified copy of the 12 proceedings in the transferring court shall be delivered to the 13 court of the county of residence. A case designated as a case in 14 which the juvenile shall be tried in the same manner as an adult 15 under section 2d of this chapter may be transferred for venue or 16 for juvenile disposition, but shall not be transferred on grounds 17 of residency. If the case is not transferred, the court having 18 jurisdiction of the offense shall try the case. 19 (e) Authority to establish or assist in developing a program 20 or programs within the county to prevent delinquency and provide 21 services to act upon reports submitted to the court related to 22 the behavior of a juvenile who does not require formal court 23 jurisdiction but otherwise falls within subdivision (a). These 24 services shall be used only if the juvenile and his or her par- 25 ents, guardian, or custodian voluntarily accepts them. 26 (f) If the court operates a detention home for juveniles 27 within the court's jurisdiction under subdivision (a)(1), 00772'01 a ** 9 1 authority to place a juvenile within that home pending trial if 2 the juvenile is within the circuit court's jurisdiction under 3 section 606 of the revised judicature act of 1961, 1961 PA 236, 4 MCL 600.606, and if the circuit court orders the family division 5 of circuit court in the same county to place the juvenile in that 6 home. The family division of circuit court shall comply with 7 that order. 8 (g) Authority to place a juvenile in a county jail under 9 section 27a of chapter IV of the code of criminal procedure, 1927 10 PA 175, MCL 764.27a, if the court designates the case under sec- 11 tion 2d of this chapter as a case in which the juvenile is to be 12 tried in the same manner as an adult and the court determines 13 there is probable cause to believe that the offense was committed 14 and probable cause to believe the juvenile committed that 15 offense. 16 (h) Jurisdiction over a proceeding under section 2950 or 17 2950a of the revised judicature act of 1961, 1961 PA 236, 18 MCL 600.2950 and 600.2950a, in which a minor less than 18 years 19 of age is the respondent. Venue for an initial action under sec- 20 tion 2950 or 2950a of the revised judicature act of 1961, 1961 21 PA 236, MCL 600.2950 and 600.2950a, is proper in the county of 22 residence of either the petitioner or respondent. If the respon- 23 dent does not live in this state, venue for the initial action is 24 proper in the petitioner's county of residence. 25 (I) JURISDICTION OVER AN ADULT WHO VIOLATES SECTION 1599 OF 26 THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1599, AND WHO IS 27 THE PARENT OR GUARDIAN OF A JUVENILE OVER WHOM THE COURT HAS 00772'01 a ** 10 1 JURISDICTION UNDER SECTION 2(A)(5) OF THIS CHAPTER. A PROCEEDING 2 UNDER THIS SUBDIVISION IS A CRIMINAL PROCEEDING THAT SHALL BE 3 CONDUCTED IN THE SAME MANNER AND WITH ALL THE SAME PROCEDURAL 4 PROTECTIONS AND GUARANTEES AS A TRIAL FOR THAT VIOLATION IN A 5 COURT OF GENERAL CRIMINAL JURISDICTION. 6 Sec. 6. The court has jurisdiction over adults as provided 7 in this chapter and may make orders affecting adults as in the 8 opinion of the court are necessary for the physical, mental, or 9 moral well-being of a particular juvenile or juveniles under its 10 jurisdiction.HoweverEXCEPT AS OTHERWISE PROVIDED IN THIS 11 CHAPTER, those orders shall be incidental to the COURT'S juris- 12 dictionof the courtover the juvenile or juveniles. 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 00772'01 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) ONLY THE SCHOOL DISTRICT SUPERINTENDENT OR INTERMEDIATE 12 SUPERINTENDENT OR HIS OR HER DESIGNEE OR THE PROSECUTING ATTORNEY 13 MAY FILE A PETITION REQUESTING THE COURT TO TAKE JURISDICTION OF 14 A JUVENILE ALLEGEDLY WITHIN SECTION 2(A)(5) OF THIS CHAPTER. IF 15 A PETITION IS FILED, THE COURT SHALL HOLD A HEARING WITHIN 10 16 DAYS. IF THE COURT DETERMINES THAT THE ALLEGATIONS IN THE PETI- 17 TION ARE SUPPORTED, THE COURT SHALL AUTHORIZE A PETITION TO BE 18 FILED AND OBTAIN FORMAL JURISDICTION. THE COURT SHALL NOTIFY THE 19 PROSECUTING ATTORNEY UNLESS HE OR SHE FILED THE PETITION. 20 (4)(3)The petition described in subsections (1),and21 (2), AND (3) shall be verified and may be upon information and 22 belief. The petition shall set forth plainly the facts that 23 bring the juvenile within this chapter and shall contain all of 24 the following information: 25 (a) The juvenile's name, birth date, and address. 26 (b) The name and address of the juvenile's parents. 00772'01 a ** 12 1 (c) The name and address of the juvenile's legal guardian, 2 if there is one. 3 (d) The name and address of each person having custody or 4 control of the juvenile. 5 (e) The name and address of the juvenile's nearest known 6 relative, if no parent or guardian can be found. 7 (5)(4)If any of the facts required under subsection 8(3)(4) are not known to the petitioner, the petition shall 9 state that the facts are not known. If the juvenile attains his 10 or her seventeenth birthday after the filing of the petition, the 11 court's jurisdiction shall continue beyond the juvenile's seven- 12 teenth birthday and the court may hear and dispose of the peti- 13 tion under this chapter. 14 (6)(5)When a petition is authorized, the court shall 15 examine the court file to determine if a juvenile has had finger- 16 prints taken as required under section 3 ofAct No. 289 of the17Public Acts of 1925, being section 28.243 of the Michigan18Compiled Laws1925 PA 289, MCL 28.243. If a juvenile has not 19 had his or her fingerprints taken, the court shall do either of 20 the following: 21 (a) Order the juvenile to submit himself or herself to the 22 police agency that arrested or obtained the warrant for the 23 JUVENILE'S arrestof the juvenileso the juvenile's finger- 24 prints can be taken. 25 (b) Order the juvenile committed to the SHERIFF'S custody 26of the sheriffforthetakingofthe juvenile's 27 fingerprints. 00772'01 a ** 13 1 (7)(6)A petition or other court record may be amended at 2 any stage of the proceedings as the ends of justice require. 3 (8)(7)If the juvenile diversion act,Act No. 13 of the4Public Acts of 1988, being sections 722.821 to 722.831 of the5Michigan Compiled Laws1988 PA 13, MCL 722.821 TO 722.831, is 6 complied with and the court determines that court services can be 7 used in the prevention of delinquency without formal jurisdic- 8 tion, the court may offer court services to a juvenile without a 9 petition being authorized as provided in section 2(e) of this 10 chapter. 11 SEC. 11A. IF THE COURT ACQUIRES JURISDICTION OVER A JUVE- 12 NILE UNDER SECTION 2(A)(5) OF THIS CHAPTER, THE PROSECUTING 13 ATTORNEY MAY FILE A COMPLAINT ALLEGING A VIOLATION OF SECTION 14 1599 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1599, BY 15 THE JUVENILE'S PARENT OR GUARDIAN IN THE SAME MANNER AS FOR THE 16 DISTRICT COURT. 17 SEC. 17E. (1) WITHIN 10 DAYS AFTER ACQUIRING JURISDICTION 18 OVER A JUVENILE UNDER SECTION 2(A)(5) OF THIS CHAPTER, THE COURT 19 SHALL HOLD A HEARING. THE JUVENILE, THE JUVENILE'S PARENT OR 20 GUARDIAN, THE SCHOOL DISTRICT SUPERINTENDENT OF SCHOOLS OR INTER- 21 MEDIATE SUPERINTENDENT OR HIS OR HER DESIGNEE, AND ANY INTERESTED 22 PARTY SHALL HAVE THE OPPORTUNITY AT THE HEARING TO PROPOSE A RES- 23 OLUTION TO THE JUVENILE'S ATTENDANCE PROBLEMS. 24 (2) THE COURT SHALL ENTER AN ORDER OF DISPOSITION WITHIN 5 25 DAYS AFTER THE HEARING. THE ORDER OF DISPOSITION SHALL DO ALL OF 26 THE FOLLOWING: 00772'01 a ** 14 1 (A) ORDER THE JUVENILE TO ATTEND HIS OR HER SCHOOL OR AN 2 ALTERNATIVE AS PROVIDED BY LAW. 3 (B) ORDER THE SECRETARY OF STATE TO DO 1 OF THE FOLLOWING: 4 (i) SUSPEND THE JUVENILE'S OPERATOR'S OR CHAUFFEUR'S LICENSE 5 FOR A SPECIFIED PERIOD OF NOT MORE THAN 2 YEARS UNLESS THE COURT 6 SHORTENS OR ELIMINATES THE SUSPENSION PERIOD UNDER THIS SECTION. 7 IF THE JUVENILE'S LICENSE IS SUSPENDED WHEN THE COURT ENTERS THE 8 ORDER, THE SUSPENSION UNDER THIS SECTION SHALL BEGIN AT THE END 9 OF THAT SUSPENSION. 10 (ii) DENY THE JUVENILE AN OPERATOR'S OR CHAUFFEUR'S LICENSE 11 FOR A SPECIFIED PERIOD OF NOT MORE THAN 2 YEARS AFTER THE JUVE- 12 NILE IS OTHERWISE ELIGIBLE FOR A LICENSE UNLESS THE COURT REIN- 13 STATES THE JUVENILE'S ELIGIBILITY UNDER THIS SECTION. 14 (C) REQUIRE ANY OTHER ACTIONS BY THE JUVENILE, THE 15 JUVENILE'S PARENT OR GUARDIAN, OR SCHOOL AUTHORITIES NECESSARY TO 16 RESOLVE THE JUVENILE'S ATTENDANCE PROBLEM. 17 (3) IN ADDITION, THE ORDER OF DISPOSITION MAY CONTAIN ANY 18 PROVISION AUTHORIZED UNDER SECTION 18 OF THIS CHAPTER. 19 (4) THE COURT MAY SHORTEN THE LICENSE SUSPENSION OR DENIAL 20 PERIOD UNDER SUBSECTION (2)(B) OR END THE PERIOD IF THE JUVENILE 21 SATISFIES SCHOOL ATTENDANCE REQUIREMENTS SPECIFIED BY THE COURT 22 IN ITS ORDER AND THE COURT DETERMINES THAT SHORTENING OR ELIMI- 23 NATING THE PERIOD IS IN THE JUVENILE'S BEST INTERESTS. THE COURT 24 SHALL ORDER THE SECRETARY OF STATE TO SHORTEN OR END THE LICENSE 25 SUSPENSION OR DENIAL PERIOD. 00772'01 a ** 15 1 (5) A DESIGNEE OF A SCHOOL DISTRICT SUPERINTENDENT OR 2 INTERMEDIATE SUPERINTENDENT DESCRIBED IN SUBSECTION (1) SHALL BE 3 AN ADMINISTRATOR OR TEACHER OF THE SCHOOL OR SCHOOL DISTRICT. 4 Enacting section 1. This amendatory act does not take 5 effect unless all of the following bills of the 91st Legislature 6 are enacted into law: 7 (a) Senate Bill No. _____ or House Bill No. 4844 (request 8 no. 00772'01 **). 9 (b) Senate Bill No. _____ or House Bill No. 4842 (request 10 no. 00772'01 b **). 11 (c) Senate Bill No. _____ or House Bill No. _____ (request 12 no. H02107'01 **). 00772'01 a ** Final page. MRM