Michigan Compiled Laws 288-1939-xiia Chapter Xiia Jurisdiction, Procedure, And Disposition Involving Minors (712a.1...712a.32)

• Section 712a.1 Definitions; Proceedings Not Considered Criminal Proceedings; Construction Of Chapter.
  (1) As used in this chapter: (a) "Civil infraction" means that term as defined in section 113 of the revised judicature act of 1961,...
• Section 712a.2 Authority And Jurisdiction Of Court.
  The court has the following authority and jurisdiction: (a) Exclusive original jurisdiction superior to and regardless of the jurisdiction of another court in proceedings...
• Section 712a.2a Continuing Jurisdiction Beyond Maximum Age; Voluntary Foster Care; Extended Guardianship Assistance; Jurisdiction Over Juvenile Committing Certain Violations; Juvenile Under Jurisdiction Of Department Of Corrections; Definitions.
  (1) Except as otherwise provided in this section, if the court has exercised jurisdiction over a juvenile under section 2(a) or (b) of this...
• Section 712a.2b Violation Of Vehicle Code Or Corresponding Ordinance; Procedure.
  When a juvenile is accused of an act that constitutes a violation of the Michigan vehicle code, Act No. 300 of the Public Acts...
• Section 712a.2c Court Order Authorizing Apprehension Of Juvenile; Contents Of Order; Interference With Execution Of Order; Penalty.
  The court may issue an order authorizing a peace officer or other person designated by the court to apprehend a juvenile who is absent...
• Section 712a.2d Juvenile To Be Tried As Adult; Designation By Prosecuting Attorney Or Court; Factors; Probable Cause Hearing; Setting Case For Trial; Proceedings As Criminal Proceedings; Disposition Or Imposition Of Sentence; “specified Juvenile Violation” Defined.
  (1) In a petition or amended petition alleging that a juvenile is within the court's jurisdiction under section 2(a)(1) of this chapter for a...
• Section 712a.2e Waiver Of Jurisdiction Over Civil Infractions; Agreement.
  (1) The court may enter into an agreement with any or all district courts or municipal courts within the court's geographic jurisdiction to waive...
• Section 712a.3 Criminal Charge Against Person Under Age 17; Transfer Of Case To Family Division Of Circuit Court.
  (1) If during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under...
• Section 712a.3a Prior Order Of Another Court Affecting Child's Welfare; Notice, Filing, Service, Disclosure.
  When any order affecting the welfare of a child is entered under this chapter by the judge of probate in any case where the...
• Section 712a.4 Waiver Of Jurisdiction When Child Of 14 Or Older Accused Of Felony.
  (1) If a juvenile 14 years of age or older is accused of an act that if committed by an adult would be a...
• Section 712a.5 Jurisdiction Over Juvenile After 18 Years Of Age.
  The court does not have jurisdiction over a juvenile after he or she attains the age of 18 years, except as provided in section...
• Section 712a.6 Jurisdiction; Adults.
  The court has jurisdiction over adults as provided in this chapter and as provided in chapter 10A of the revised judicature act of 1961,...
• Section 712a.6a Hearing; Attendance By Parent Or Guardian Required; Exception; Failure To Attend.
  The parent or guardian of a juvenile who is within the court's jurisdiction under section 2(a)(1) of this chapter shall attend each hearing held...
• Section 712a.6b Order Affecting Nonparent Adult.
  (1) The court may issue an order that affects a nonparent adult and that does 1 or more of the following: (a) Requires the...
• Section 712a.7 Juvenile Division Of Probate Court; Register Of Probate; Appointment, Duties, Salary.
  The judge of probate may appoint the register of probate, a deputy probate register, or clerk of his court as register of the juvenile...
• Section 712a.8 County Agent; Creation Of Office; Duties; Assistants.
  The office of county agent is created. The county agent is an officer of the court and under the general supervision of the judges...
• Section 712a.9 Probation Officers; Appointment, Compensation, Duties; Notification To Social Welfare Office.
  The judge of probate in each county may appoint 1 or more suitable persons of good character and qualified training or experience, other than...
• Section 712a.9a Probation.
  If the court acting under section 18(1)(n) of this chapter imposes a sentence of probation in the same manner as probation could be imposed...
• Section 712a.10 Designation Of Probation Officer Or County Agent As Referee; Duties Of Referee.
  (1) Except as otherwise provided in subsection (2) and sections 14, 14a, and 14b of this chapter, the judge may designate a probation officer...
• Section 712a.11 Preliminary Inquiry; Petition; Effect Of Juvenile Attaining Seventeenth Birthday; Fingerprints; Amendment Of Petition Or Other Court Record; Offer Of Court Services.
  (1) Except as provided in subsection (2), if a person gives information to the court that a juvenile is within section 2(a)(2) to (6),...
• Section 712a.12 Examination Of Child; Hearing; Summons.
  After a petition shall have been filed and after such further investigation as the court may direct, in the course of which the court...
• Section 712a.13 Service Of Summons.
  Service of summons may be made anywhere in the state personally by the delivery of true copies thereof to the persons summoned: Provided, That...
• Section 712a.13a Definitions; Petition; Release Of Juvenile; Order Removing Abusive Person From Home; Placement Of Child; Foster Care; Conditions; Duty Of Court To Inform Parties; Criminal Record Check And Central Registry Clearance; Family-like Setting; Parenting Time; Review And Modification Of Orders And Plans; Release Of Information; Information Included With Order; "Abuse" Defined.
  (1) As used in this section and sections 2, 6b, 13b, 17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter: (a) "Agency"...
• Section 712a.13b Change In Foster Care Placement.
  (1) If a child under the court's jurisdiction under section 2(b) of this chapter, or under MCI jurisdiction, control, or supervision, is placed in...
• Section 712a.14 Officers Or County Agent Authorized To Take Child Into Custody; Notice; Detention Facility; Release Of Child; Preliminary Hearing; Order; Placement Of Child; Foster Care Home Services.
  (1) Any local police officer, sheriff or deputy sheriff, state police officer, county agent or probation officer of any court of record may, without...
• Section 712a.14a Immediate Removal Of Child Without Court Order; Conditions; Placement Order Pending Preliminary Hearing; Issuance Of Placement Order By Designated Judge Or Referee; "Officer" Defined.
  (1) If there is reasonable cause to believe that a child is at substantial risk of harm or is in surroundings that present an...
• Section 712a.14b Ex Parte Order Authorizing Immediate Protective Custody Of Child.
  (1) Upon receipt electronically or otherwise of a petition or affidavit of facts, a judge or referee may issue a written ex parte order,...
• Section 712a.15 Detention Of Child Pending Hearing; Release Of Child; Petition; Limitation On Custody Of Child Pending Hearing; Detention In Secure Facility, Cell, Or Other Secure Area Designed To Incarcerate Adults; Exception.
  (1) In the case of a child concerning whom a complaint has been made or a petition has been filed pursuant to this chapter,...
• Section 712a.16 Detention And Care Of Juvenile.
  (1) If a juvenile under the age of 17 years is taken into custody or detained, the juvenile shall not be confined in any...
• Section 712a.16a Repealed. 1963, Act 214, Imd. Eff. May 17, 1963.
  Compiler's Notes: The repealed section provided for joint regional facilities for diagnosis and custody of minors pending criminal proceedings.Popular Name: Probate CodePopular Name: Juvenile Code
• Section 712a.17 Hearing; Informality; Adjournment; Transcript; Jury; Giving Security For Appearance Of Juvenile; Appearance By Prosecuting Attorney; Legal Consultant Or Legal Representation; Admitting Foster Care Review Board Member To Hearing; Closing Hearing To Members Of General Public; “juvenile Witness” Defined.
  (1) The court may conduct a hearing other than a criminal hearing in an informal manner. The court shall require stenographic notes or another...
• Section 712a.17a Hearing; Record; Transcription.
  In any case in which a record of the hearing is kept by a recording device, a transcription of the hearing need not be...
• Section 712a.17b Definitions; Proceedings To Which Section Applicable; Use Of Dolls Or Mannequins; Support Person; Notice; Videorecorded Statement; Shielding Of Witness; Videorecorded Deposition; Special Arrangements To Protect Welfare Of Witness; Section Additional To Other Protections Or Procedures.
  (1) As used in this section: (a) “Custodian of the videorecorded statement” means the family independence agency, investigating law enforcement agency, prosecuting attorney, or...
• Section 712a.17c Advising Child Or Respondent Of Right To Attorney; Appointment Of Attorney; Waiver; Appointment Of Lawyer-guardian Ad Litem; Costs; Service Until Discharged By Court; Assistance To Court.
  (1) In a proceeding under section 2(a) or (d) of this chapter or a proceeding regarding a supplemental petition alleging a violation of a...
• Section 712a.17d Lawyer-guardian Ad Litem; Powers And Duties.
  (1) A lawyer-guardian ad litem's duty is to the child, and not the court. The lawyer-guardian ad litem's powers and duties include at least...
• Section 712a.18 Orders Of Disposition; Reimbursement; Hearing; Guidelines And Model Schedule; Restitution; Condition Of Probation; Community Service; Fingerprints; Report To State Police; Payment Of Assessment; Registration Of Juvenile Provided In Mcl 28.721 To 28.736; Release From Placement In Juvenile Boot Camp; Alternative Order Of Disposition; Imposition Of Sentence In County Jail Facility; Violation Of Personal Protection Order; Costs; Remission.
  (1) If the court finds that a juvenile concerning whom a petition is filed is not within this chapter, the court shall enter an...
• Section 712a.18a Placement Or Commitment Of Ward Of The Court To Out-of-state Institutions.
  If desirable or necessary, the court may place a ward of the court in or commit a ward of the court to a private...
• Section 712a.18b Reimbursement Order; Failure To Comply, Contempt Of Court; Assignment Of Wages.
  Whenever the court under section 18 of this act enters a reimbursement order and the parent or other adult legally responsible for the care...
• Section 712a.18c Retention Of Jurisdiction Of Child Committed Under Mcl 712a.18(1)(e); Effective Date Of Subsection (2); Annual Review; Release Of Child.
  (1) If a child is committed under section 18(1)(e) of this chapter for an offense which, if committed by an adult, would be punishable...
• Section 712a.18d Juvenile Committed Under Mcl 712a.18(1)(e); Review Hearing; Burden Of Proof; Determination; Notice; Legal Counsel; Costs; Commitment Reports; Section Nonapplicable To Juvenile Convicted Of Crime Under Chapter.
  (1) If a juvenile is committed under section 18(1)(e) of this chapter for an offense that, if committed by an adult, would be a...
• Section 712a.18e Application For Entry Of Order Setting Aside Adjudication; Filing; Contents; Submitting Copy Of Application And Fingerprints; Report; Fee; Serving Copy Of Application On Attorney General And Prosecuting Attorney; Contesting Application; Notice To Victim; Definitions; Hearing; Affidavits; Proofs; Entry Of Order; Setting Aside Adjudication As Privilege And Conditional; Violation Of Mcl 750.413; Effect Of Entering Order; Sending Copy Of Order To Arresting Agency And Department Of State Police; Nonpublic Record Of Order And Record; Availability Of Nonpublic Record; Fee; Exemption From Disclosure; Divulging, Using, Or Publishing Information As Misdemeanor.
  (1) Except as provided in subsection (2), a person who has been adjudicated of not more than 1 juvenile offense that would be a...
• Section 712a.18f Report; Preparation And Contents Of Case Service Plan; Order Of Disposition; Updating And Revising Case Service Plan; Rules; Review By Child's Physician In Case Of Abuse And Neglect.
  (1) If, in a proceeding under section 2(b) of this chapter, an agency advises the court against placing a child in the custody of...
• Section 712a.18g Commitment Under Mcl 712a.18(1)(e).
  (1) In addition to any other disposition under this act, a juvenile other than a juvenile sentenced in the same manner as an adult...
• Section 712a.18h Commitment To Department Of Corrections Prohibited; Exception.
  A juvenile sentenced to imprisonment under section 18(1)(n) of this chapter shall not be committed to the jurisdiction of the department of corrections. This...
• Section 712a.18i Delay In Sentencing.
  (1) A delay in sentencing does not deprive the court of jurisdiction to sentence the juvenile under section 18(1)(n) of this chapter any time...
• Section 712a.18j Escape By Juvenile From Facility Or Residence; Notification; “escape” Defined.
  (1) If a juvenile escapes from a facility or residence in which he or she has been placed for a violation described in section...
• Section 712a.18k Dna Identification Profiling; Providing Samples For Chemical Testing; Assessment; Forwarding To Department Of State Police; Definitions.
  (1) An individual shall provide samples for chemical testing for DNA identification profiling or a determination of the sample's genetic markers and shall provide...
• Section 712a.18l Evaluation Of Juvenile For Psychiatric Or Psychological Treatment; Court Order.
  If a juvenile is found to be within the court's jurisdiction under section 2(a)(1) of this chapter for an offense that, if committed by...
• Section 712a.18m Payment Of Costs; Minimum Amounts; Disposition; Definitions.
  (1) If a juvenile is within the court's jurisdiction under section 2(a)(1) of this chapter, and is ordered to pay any combination of fines,...
• Section 712a.18n Competency Of Juvenile; Presumption; Order To Determine Competency During Proceeding; Record.
  (1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party....
• Section 712a.18o Competency Evaluation; Conduct By Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations At Party's Expense; Conduct In Least Restrictive Environment.
  (1) A competency evaluation ordered under section 18n of this chapter shall be conducted by a qualified juvenile forensic mental health examiner. The qualified...
• Section 712a.18p Providing Information Relating To Competency; Submission Of Report By Qualified Forensic Mental Health Examiner; Extension; Copies Of Report To Be Provided To Certain Individuals.
  (1) The court shall order the prosecuting attorney to provide to the juvenile's attorney all information related to competency and shall order the prosecuting...
• Section 712a.18q Competency Hearing.
  (1) Not later than 30 days after a report is filed under section 18p of this chapter, the court shall hold a hearing to...
• Section 712a.18r Competency Evaluations; Self-incrimination; Evidence Or Statements Inadmissible In Proceeding Determining Responsibility; Sealing Reports; Order To Open Reports; Purposes; Confidentiality; Disclosure.
  (1) The constitutional protections against self-incrimination apply to all competency evaluations. (2) Any evidence or statement obtained during a competency evaluation is not admissible...
• Section 712a.18s Court Finding That Juvenile May Be Restored To Competency In Foreseeable Future; Restoration Order; Renewal; Report That Substantial Probability That Juvenile Will Remain Incompetent; Actions Of Court; Order To Provide Treatment; Report From Entity Providing Services; Duties Of Court; Record.
  (1) If the juvenile is incompetent to proceed but the court finds that the juvenile may be restored to competency in the foreseeable future,...
• Section 712a.19 Termination Of Cause; Supplemental Order Of Disposition; Review Hearing; Notice Of Review Hearing; Factors To Be Reviewed; Modification Of Plan; Determination As To Placement; Order; Determination As To Review; Issuance Of Order Without Hearing; Access To Agency Report; Agency Report And Other Information As Evidence; Concurrent Efforts To Reunify Child With Family.
  (1) Subject to section 20 of this chapter, if a child remains under the court's jurisdiction, a cause may be terminated or an order...
• Section 712a.19a Permanency Planning Hearing; Conditions; Time Limitation; Reunion Of Child And Family Not Required; Purpose; Obtaining Child's Views Regarding Permanency Plan; Consideration Of Out-of-state Placement; Notice; Statement; Return Of Child To Parent; Noncompliance With Case Service Plan; Other Conditions As Evidence; Termination Of Parental Rights To Child; Exceptions; Alternative Placement Plans; Powers And Appointment Of Guardian; Information Considered As Evidence; Revocation Or Termination Of Guardianship.
  (1) Subject to subsection (2), if a child remains in foster care and parental rights to the child have not been terminated, the court...
• Section 712a.19b Termination Of Parental Rights To Child; Petition; Hearing; Record; Findings; Opinion Or Order; Notice Of Hearing; Suspension Of Parenting Time; Grounds For Termination; “concerned Person” Defined.
  (1) Except as provided in subsection (4), if a child remains in foster care in the temporary custody of the court following a review...
• Section 712a.19c Review Hearing Of Child's Placement After Termination Of Parental Rights; Appointment Of Guardian; Applicability Of Section.
  (1) Except as provided in section 19(4) of this chapter and subject to subsection (14), if a child remains in placement following the termination...
• Section 712a.20 Temporary Or Permanent Custody.
  The court in all cases involving custody shall state in the order for disposition or any supplemental order of disposition whether the child is...
• Section 712a.21 Petition For Rehearing; Affirming, Modifying, Or Setting Aside Order; Conduct Of Rehearing; Order For Supplemental Disposition; Applicability Of Section To Criminal Proceeding; “interested Person” Construed.
  (1) At any time while the juvenile is under the jurisdiction of the court, an interested person may file a petition in writing and...
• Section 712a.22 Annual Report.
  The state court administrative office shall publish an annual report evaluating the court regarding its duty under this act to engage in obtaining permanency...
• Section 712a.23 Use Of Evidence Against Juvenile.
  Evidence regarding the disposition of a juvenile under this chapter and evidence obtained in a dispositional proceeding under this chapter shall not be used...
• Section 712a.24 Placement In Institutions; Summary Of Information; Conveyance Of Child; Progress Report.
  Whenever the court shall place a child in any public or private institution or agency, it shall transmit with the order of disposition or...
• Section 712a.25 Payment Of Expenses.
  (1) Except as otherwise provided by law, expenses incurred in carrying out this chapter shall be paid upon the court's order by the county...
• Section 712a.26 Contempt Of Court; Punishment.
  The court shall have the power to punish for contempt of court under chapter 17 of the revised judicature act of 1961, 1961 PA...
• Section 712a.27 Quarters, Equipment And Supplies For Use Of Juvenile Division.
  Suitable quarters, equipment, and supplies shall be provided by the board of supervisors of each county for the use of the juvenile division of...
• Section 712a.28 Case Records; Opening Records; Order In Respect To Payments By Parent; Copy; Publicizing Action Taken Against Parents Or Adult; Administration Of Court; Reports; Form; Copies; Definitions.
  (1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act....
• Section 712a.29 Allocation And Application Of Money Collected; “victim Payment” Defined.
  (1) If a child is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same order of disposition,...
• Section 712a.30 “offense” And “victim” Defined; Order Of Restitution.
  (1) For purposes of this section and section 31: (a) “Juvenile offense” means a violation by a juvenile of a penal law of this...
• Section 712a.31 Determining Amount Of Restitution; Factors In Disposition Report; Disclosure Of Matters Described In Subsection (1); Burden Of Demonstrating Amount Or Type Of Restitution.
  (1) In determining the amount of restitution to order under section 30 of this chapter, the court shall consider the amount of the loss...
• Section 712a.32 Order To Appear For Identification; Notice Of Right To Attorney; Appointment Of Attorney.
  (1) If a complaint or petition is filed with the court against a juvenile for violating a criminal law of this state or of...

Last modified: October 10, 2016