PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
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 police station, prison, jail, lock-up, or reformatory or transported with, or compelled or permitted to associate or mingle with, criminal or dissolute persons. However, except as otherwise provided in section 15(3), (4), and (5) of this chapter, the court may order a juvenile 15 years of age or older whose habits or conduct are considered a menace to other juveniles, or who may not otherwise be safely detained, placed in a jail or other place of detention for adults, but in a room or ward separate from adults and for not more than 30 days, unless longer detention is necessary for the service of process.
(2) The county board of commissioners in each county or of counties contracting together may provide for the diagnosis, treatment, care, training, and detention of juveniles in a child care home or facility conducted as an agency of the county if the home or facility meets licensing standards established under 1973 PA 116, MCL 722.111 to 722.128. The court or a court-approved agency may arrange for the boarding of juveniles in any of the following:
(a) If a juvenile is within the court's jurisdiction under section 2(a) of this chapter, a suitable foster care home subject to the court's supervision. If a juvenile is within the court's jurisdiction under section 2(b) of this chapter, the court shall not place a juvenile in a foster care home subject to the court's supervision.
(b) A child caring institution or child placing agency licensed by the department of consumer and industry services to receive for care juveniles within the court's jurisdiction.
(c) If in a room or ward separate and apart from adult criminals, the county jail for juveniles over 17 years of age within the court's jurisdiction.
(3) If a detention home or facility is established as an agency of the county, the judge may appoint a superintendent and other necessary employees for the home or facility who shall receive compensation as provided by the county board of commissioners of the county. This section does not alter or diminish the legal responsibility of the family independence agency or a county juvenile agency to receive juveniles committed by the court.
(4) If the court under subsection (2) arranges for the board of juveniles temporarily detained in private homes or in a child caring institution or child placing agency, a reasonable sum fixed by the court for their board shall be paid by the county treasurer as provided in section 25 of this chapter.
(5) A court shall not provide foster care home services subject to the court's supervision to juveniles within section 2(b) of this chapter.
(6) A juvenile detention home described in subsection (3) shall be operated under the direction of the county board of commissioners or, in a county that has an elected county executive, under the county executive's direction. However, a different method for directing the operation of a detention home may be agreed to in any county by the chief judge of the circuit court in that county and the county board of commissioners or, in a county that has an elected county executive, the county executive.
History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944
CL 1948, 712A.16
Am. 1963, Act 65, Eff. May 8, 1963
Am. 1968, Act 150, Eff. Nov. 15, 1968
Am. 1972, Act 175, Imd. Eff. June 16, 1972
Am. 1987, Act 72, Eff. Sept. 1, 1987
Am. 1988, Act 224, Eff. Apr. 1, 1989
Am. 1996, Act 409, Eff. Jan. 1, 1998
Am. 1998, Act 478, Eff. Jan. 12, 1999
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 27 of Ch. XII of Act 288 of 1939; and CL 1929, § 12841.
Popular Name: Probate Code
Popular Name: Juvenile Code
Admin Rule: R 400.1 et seq. of the Michigan Administrative Code.
© 2009 Legislative Council, State of Michigan