PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
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 transcript to be taken of the hearing. The court shall adjourn a hearing or grant a continuance regarding a case under section 2(b) of this chapter only for good cause with factual findings on the record and not solely upon stipulation of counsel or for the convenience of a party. In addition to a factual finding of good cause, the court shall not adjourn the hearing or grant a continuance unless 1 of the following is also true:
(a) The motion for the adjournment or continuance is made in writing not less than 14 days before the hearing.
(b) The court grants the adjournment or continuance upon its own motion after taking into consideration the child's best interests. An adjournment or continuance granted under this subdivision shall not last more than 28 days unless the court states on the record the specific reasons why a longer adjournment or continuance is necessary.
(2) Except as otherwise provided in this subsection, in a hearing other than a criminal trial under this chapter, a person interested in the hearing may demand a jury of 6 individuals, or the court, on its own motion, may order a jury of 6 individuals to try the case. In a proceeding under section 2(h) of this chapter, a jury shall not be demanded or ordered on a supplemental petition alleging a violation of a personal protection order. In a criminal trial, a jury may be demanded as provided by law. The jury shall be summoned and impaneled in accordance with chapter 13 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1300 to 600.1376, and, in the case of a criminal trial, as provided in chapter VIII of the code of criminal procedure, 1927 PA 175, MCL 768.1 to 768.36.
(3) A parent, guardian, or other custodian of a juvenile held under this chapter has the right to give bond or other security for the appearance of the juvenile at the hearing of the case.
(4) The prosecuting attorney shall appear for the people when requested by the court, and in a proceeding under section 2(a)(1) of this chapter, the prosecuting attorney shall appear if the proceeding requires a hearing and the taking of testimony.
(5) In a proceeding under section 2(b) of this chapter, upon request of the family independence agency or an agent of the family independence agency under contract with the family independence agency, the prosecuting attorney shall serve as a legal consultant to the family independence agency or its agent at all stages of the proceeding. If in a proceeding under section 2(b) of this chapter the prosecuting attorney does not appear on behalf of the family independence agency or its agent, the family independence agency may contract with an attorney of its choice for legal representation.
(6) A member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a, shall be admitted to a hearing under subsection (1).
(7) Upon motion of a party or a victim, the court may close the hearing of a case brought under this chapter to members of the general public during the testimony of a juvenile witness or the victim if the court finds that closing the hearing is necessary to protect the welfare of the juvenile witness or the victim. In determining whether closing the hearing is necessary to protect the welfare of the juvenile witness or the victim, the court shall consider the following:
(a) The age of the juvenile witness or the victim.
(b) The nature of the proceeding.
(c) The desire of the juvenile witness, of the witness's family or guardian, or of the victim to have the testimony taken in a room closed to the public.
(8) As used in subsection (7), “juvenile witness” does not include a juvenile against whom a proceeding is brought under section 2(a)(1) of this chapter.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944
CL 1948, 712A.17
Am. 1980, Act 499, Imd. Eff. Jan. 21, 1981
Am. 1982, Act 330, Imd. Eff. Dec. 14, 1982
Am. 1984, Act 420, Imd. Eff. Dec. 28, 1984
Am. 1986, Act 170, Imd. Eff. July 7, 1986
Am. 1988, Act 91, Eff. June 1, 1988
Am. 1988, Act 92, Eff. June 1, 1988
Am. 1988, Act 224, Eff. Apr. 1, 1989
Am. 1989, Act 73, Imd. Eff. June 16, 1989
Am. 1996, Act 258, Eff. Jan. 1, 1997
Am. 1996, Act 409, Eff. Jan. 1, 1998
Am. 1997, Act 169, Eff. Mar. 31, 1998
Am. 1998, Act 325, Imd. Eff. Aug. 3, 1998
Am. 1998, Act 474, Eff. Mar. 1, 1999
Former Law: See section 12 of Ch. XII of Act 288 of 1939; and CL 1929, §§ 12835 and 12836.
Popular Name: Probate Code
Popular Name: Juvenile Code
© 2009 Legislative Council, State of Michigan