PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
***** 712A.15 THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2024: See 712A.15.amended *****
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.Sec. 15.
(1) In the case of a juvenile concerning whom a complaint has been made or a petition has been filed under this chapter, the court may order the juvenile, pending the hearing, detained in a facility as the court designates. The court may release the juvenile, pending the hearing, in the custody of a parent, guardian, or custodian, to be brought before the court at the time designated. As used in this subsection, "petition" includes all of the following:
(a) Petition.
(b) Supplemental petition.
(c) Petition for revocation of probation.
(d) Supplemental petition alleging a violation of a personal protection order.
(e) A petition or supplemental petition alleging that a juvenile violated a court order under section 2(a)(2) to (4) of this chapter.
(2) Custody, pending hearing, is limited to the following children:
(a) Those whose home conditions make immediate removal necessary.
(b) Those who have a record of unexcused failures to appear at juvenile court proceedings.
(c) Those who have failed to remain in a detention or nonsecure facility or placement in violation of a court order.
(d) Those whose offenses are so serious that release would endanger public safety.
(e) Those who have allegedly violated a personal protection order and for whom it appears there is a substantial likelihood of retaliation or continued violation.
(f) Those who have allegedly violated a court order under section 2(a)(2) to (4) of this chapter.
(3) If a juvenile is taken into custody for violating a court order under section 2(a)(2) to (4) of this chapter and is detained in a secure facility, the petitioner shall ensure that an appropriately trained, licensed, or certified mental health or substance abuse professional interviews the juvenile in person within 24 hours to assess the immediate mental health and substance abuse needs of the juvenile. The assessment may alternatively be done upon filing the petition, prior to any order for placement in a secure facility. Within 48 hours of the placement in the secure facility, the petitioner shall submit the assessment to the court and the court shall conduct a hearing to determine all of the following:
(a) If there is reasonable cause to believe that the juvenile violated the court order.
(b) The appropriate placement of the juvenile pending the disposition of the alleged violation, including if the juvenile should be placed in a secure facility.
(4) A child taken into custody under section 2(b) of this chapter or subsection (2)(a) must not be detained in any secure facility or in a cell or other secure area of any secure facility designed to incarcerate adults.
(5) A juvenile taken into custody under section 2(a)(2) to (4) of this chapter must not be detained in a cell or other secure area of any secure facility designed to incarcerate adults unless either of the following applies:
(a) The juvenile is under the jurisdiction of the court under section 2(a)(1) of this chapter for an offense which, if committed by an adult, would be a felony.
(b) Until September 30, 2021, the juvenile is not less than 17 years of age and is under the jurisdiction of the court under a supplemental petition under section 2(h) of this chapter. Beginning October 1, 2021, the juvenile is not less than 18 years of age and is under the jurisdiction of the court under a supplemental petition under section 2(h) of this chapter.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944
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CL 1948, 712A.15
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Am. 1972, Act 175, Imd. Eff. June 16, 1972
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Am. 1987, Act 72, Eff. Sept. 1, 1987
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Am. 1998, Act 474, Eff. Mar. 1, 1999
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Am. 2019, Act 111, Eff. Oct. 1, 2021
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Am. 2020, Act 389, Eff. Apr. 4, 2021
Compiler's Notes: Section 2 of Act 72 of 1987 provides: “If this amendatory act requires any increase in the level of any activity or service currently required by this act or requires a new activity or service by a local unit of government, the state shall reimburse the local unit of government for any new or increased costs.”
Former Law: See section 18 of Ch. XII of Act 288 of 1939; section 5 of Act 6 of 1907, Ex. Sess.; Act 310 of 1909; Act 164 of 1911; Act 262 of 1911; Act 363 of 1913; Act 308 of 1915; CL 1915, § 2015; Act 24 of 1921, 1st Ex. Sess.; Act 105 of 1923; Act 127 of 1927; and CL 1929, § 12838.
Popular Name: Probate Code
Popular Name: Juvenile Code