SENATE BILL NO. 760 September 28, 1999, Introduced by Senators PETERS, JOHNSON and HAMMERSTROM and referred to the Committee on Judiciary. 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 1998 PA 530, 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 any other 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 following applies: 02634'99 a DAM 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 any 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 PA 14 328, 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. 02634'99 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) Any 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) Any other violation arising out of the same transaction 26 as a violation described in paragraphs (A) to (G) if the 02634'99 a 4 1 individual is charged with a violation described in paragraphs 2 (A) to (G). 3 (2) The juvenile has deserted his or her home without suffi- 4 cient cause and the court finds on the record that the juvenile 5 has been placed or refused alternative placement or the juvenile 6 and the juvenile's parent, guardian, or custodian have exhausted 7 or refused family counseling. 8 (3) The juvenile is repeatedly disobedient to the reasonable 9 and lawful commands of his or her parents, guardian, or custodian 10 and the court finds on the record by clear and convincing evi- 11 dence that court-accessed services are necessary. 12 (4) The juvenile willfully and repeatedly absents himself or 13 herself from school or other learning program intended to meet 14 the juvenile's educational needs, or repeatedly violates rules 15 and regulations of the school or other learning program, and the 16 court finds on the record that the juvenile, the juvenile's 17 parent, guardian, or custodian, and school officials or learning 18 program personnel have met on the juvenile's educational problems 19 and educational counseling and alternative agency help have been 20 sought. As used in this sub-subdivision only, "learning program" 21 means an organized educational program that is appropriate, given 22 the age, intelligence, ability, and any psychological limitations 23 of a juvenile, in the subject areas of reading, spelling, mathe- 24 matics, science, history, civics, writing, and English grammar. 25 (5) THE JUVENILE IS ABSENT FROM SCHOOL WITHOUT VALID EXCUSE 26 AS DEFINED IN SECTION 1586 OF THE REVISED SCHOOL CODE, 1976 PA 27 451, MCL 380.1586, AND, IF APPLICABLE, A PARENT OR OTHER PERSON 02634'99 a 5 1 IN PARENTAL RELATIONSHIP REFUSES TO ENTER INTO AN AGREEMENT AS 2 PROVIDED IN THAT SECTION. 3 (b) Jurisdiction in proceedings concerning any juvenile 4 under 18 years of age found within the county: 5 (1) Whose parent or other person legally responsible for the 6 care and maintenance of the juvenile, when able to do so, 7 neglects or refuses to provide proper or necessary support, edu- 8 cation, medical, surgical, or other care necessary for his or her 9 health or morals, who is subject to a substantial risk of harm to 10 his or her mental well-being, who is abandoned by his or her par- 11 ents, guardian, or other custodian, or who is without proper cus- 12 tody or guardianship. As used in this sub-subdivision: 13 (A) "Education" means learning based on an organized educa- 14 tional program that is appropriate, given the age, intelligence, 15 ability, and any psychological limitations of a juvenile, in the 16 subject areas of reading, spelling, mathematics, science, histo- 17 ry, civics, writing, and English grammar. 18 (B) "Without proper custody or guardianship" does not mean a 19 parent has placed the juvenile with another person who is legally 20 responsible for the care and maintenance of the juvenile and who 21 is able to and does provide the juvenile with proper care and 22 maintenance. 23 (2) Whose home or environment, by reason of neglect, cruel- 24 ty, drunkenness, criminality, or depravity on the part of a 25 parent, guardian, nonparent adult, or other custodian, is an 26 unfit place for the juvenile to live in. 02634'99 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 424a of the revised probate code, 1978 PA 4 642, MCL 700.424a, OR IN SECTION 5206 OF THE ESTATES AND PRO- 5 TECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5206, regarding the 6 juvenile. 7 (4) Whose parent has substantially failed, without good 8 cause, to comply with a court-structured plan described in 9 section 424b or 424c of the revised probate code, 1978 PA 642, 10 MCL 700.424b and 700.424c, OR IN SECTION 5207 OR 5209 OF THE 11 ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5207 12 AND 700.5209, regarding the juvenile. 13 (5) If the juvenile has a guardian under the revised probate 14 code, 1978 PA 642, MCL 700.1 to 700.993, OR THE ESTATES AND PRO- 15 TECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.1101 TO 700.8102, 16 and the juvenile's parent meets both of the following criteria: 17 (A) The parent, having the ability to support or assist in 18 supporting the juvenile, has failed or neglected, without good 19 cause, to provide regular and substantial support for the juve- 20 nile for 2 years or more before the filing of the petition or, if 21 a support order has been entered, has failed to substantially 22 comply with the order for 2 years or more before the filing of 23 the petition. 24 (B) The parent, having the ability to visit, contact, or 25 communicate with the juvenile, has regularly and substantially 26 failed or neglected, without good cause, to do so for 2 years or 27 more before the filing of the petition. 02634'99 a 7 1 If a petition is filed in the court alleging that a juvenile 2 is within the provisions of subdivision (b)(1), (2), (3), (4), or 3 (5) and the custody of that juvenile is subject to the prior or 4 continuing order of another court of record of this state, the 5 manner of notice to the other court of record and the authority 6 of the court to proceed is governed by rule of the supreme 7 court. 8 (c) Jurisdiction over juveniles under 18 years of age, 9 jurisdiction of whom has been waived to the family division of 10 circuit court by a circuit court under a provision in a temporary 11 order for custody of juveniles based upon a complaint for divorce 12 or upon a motion pursuant to a complaint for divorce by the pros- 13 ecuting attorney, in a divorce judgment dissolving a marriage 14 between the parents of the juveniles, or by an amended judgment 15 relative to the custody of the juvenile in a divorce. 16 (d) If the court finds on the record that voluntary services 17 have been exhausted or refused, concurrent jurisdiction in pro- 18 ceedings concerning any juvenile between the ages of 17 and 18 19 found within the county who is any of the following: 20 (1) Repeatedly addicted to the use of drugs or the intemper- 21 ate use of alcoholic liquors. 22 (2) Repeatedly associating with criminal, dissolute, or dis- 23 orderly persons. 24 (3) Found of his or her own free will and knowledge in a 25 house of prostitution, assignation, or ill-fame. 26 (4) Repeatedly associating with thieves, prostitutes, pimps, 27 or procurers. 02634'99 a 8 1 (5) Willfully disobedient to the reasonable and lawful 2 commands of his or her parents, guardian, or other custodian and 3 in danger of becoming morally depraved. 4 If any juvenile is brought before the court in a county 5 other than that in which the juvenile resides, before a hearing 6 and with the consent of the judge of the court in the county of 7 residence, the court may enter an order transferring jurisdiction 8 of the matter to the court of the county of residence. Consent 9 to transfer jurisdiction is not required if the county of resi- 10 dence is a county juvenile agency and satisfactory proof of resi- 11 dence is furnished to the court of the county of residence. The 12 order is not a legal settlement as defined in section 55 of the 13 social welfare act, 1939 PA 280, MCL 400.55. The order and a 14 certified copy of the proceedings in the transferring court shall 15 be delivered to the court of the county of residence. A case 16 designated as a case in which the juvenile shall be tried in the 17 same manner as an adult under section 2d of this chapter may be 18 transferred for venue or for juvenile disposition, but shall not 19 be transferred on grounds of residency. If the case is not 20 transferred, the case shall be tried by the court having juris- 21 diction of the offense. 22 (e) Authority to establish or assist in developing a program 23 or programs within the county to prevent delinquency and provide 24 services to act upon reports submitted to the court related to 25 the behavior of juveniles who do not require formal court juris- 26 diction but otherwise fall within subdivision (a). These 02634'99 a 9 1 services shall be used only if they are voluntarily accepted by 2 the juvenile and his or her parents, guardian, or custodian. 3 (f) If the court operates a detention home for juveniles 4 within the court's jurisdiction under subdivision (a)(1), author- 5 ity to place a juvenile within that home pending trial if the 6 juvenile is within the circuit court's jurisdiction under section 7 606 of the revised judicature act of 1961, 1961 PA 236, MCL 8 600.606, and if the circuit court orders the family division of 9 circuit court in the same county to place the juvenile in that 10 home. The family division of circuit court shall comply with 11 that order. 12 (g) Authority to place a juvenile in a county jail under 13 section 27a of chapter IV of the code of criminal procedure, 1927 14 PA 175, MCL 764.27a, if the court designates the case under sec- 15 tion 2d of this chapter as a case in which the juvenile is to be 16 tried in the same manner as an adult and the court determines 17 there is probable cause to believe that the offense was committed 18 and probable cause to believe the juvenile committed that 19 offense. 20 (h) Jurisdiction over a proceeding under section 2950 or 21 2950a of the revised judicature act of 1961, 1961 PA 236, 22 MCL 600.2950 and 600.2950a, in which a minor less than 18 years 23 of age is the respondent. Venue for an initial action under sec- 24 tion 2950 or 2950a of the revised judicature act of 1961, 1961 25 PA 236, MCL 600.2950 and 600.2950a, is proper in the county of 26 residence of either the petitioner or respondent. If the 02634'99 a 10 1 respondent does not live in this state, venue for the initial 2 action is proper in the petitioner's county of residence. 3 (I) JURISDICTION OVER AN ADULT WHO VIOLATES SECTION 1599 OF 4 THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1599, AND WHO IS 5 THE PARENT OR GUARDIAN OF A JUVENILE OVER WHOM THE COURT HAS 6 JURISDICTION UNDER SECTION 2(A)(5) OF THIS CHAPTER. A PROCEEDING 7 UNDER THIS SUBDIVISION IS A CRIMINAL PROCEEDING THAT SHALL BE 8 CONDUCTED IN THE SAME MANNER AND WITH ALL THE SAME PROCEDURAL 9 PROTECTIONS AND GUARANTEES AS A TRIAL FOR THAT VIOLATION IN A 10 COURT OF GENERAL CRIMINAL JURISDICTION. 11 Sec. 6. The court has jurisdiction over adults as provided 12 in this chapter and may make orders affecting adults as in the 13 opinion of the court are necessary for the physical, mental, or 14 moral well-being of a particular juvenile or juveniles under its 15 jurisdiction.HoweverEXCEPT AS OTHERWISE PROVIDED IN THIS 16 CHAPTER, those orders shall be incidental to the COURT'S juris- 17 dictionof the courtover the juvenile or juveniles. 18 Sec. 6a. The parent or guardian of a juvenile who is within 19 the court's jurisdiction under section 2(a)(1), (4), OR (5) of 20 this chapter shall attend each hearing held under this chapter 21 unless the court excuses the parent or guardian from attendance 22 for good cause. A parent or guardian who fails to attend the 23 juvenile's hearing without good cause may be held in contempt and 24 subject to fines. Failure of a parent or guardian to attend a 25 hearing, however, is not grounds for an adjournment, continuance, 26 or other delay of the proceeding and does not provide a basis for 27 appellate or other relief. 02634'99 a 11 1 Sec. 11. (1)Except as provided in subsection (2), ifIF 2 a person gives information to the court that a juvenile is within 3 section 2(a)(2) to(6)(4), (b), (c), or (d) of this chapter, a 4 preliminary inquiry may be made to determine whether the inter- 5 ests of the public or the juvenile require that further action be 6 taken. If the court determines that formal jurisdiction should 7 be acquired, the court shall authorize a petition to be filed. 8 (2) Only the prosecuting attorney may file a petition 9 requesting the court to take jurisdiction of a juvenile allegedly 10 within section 2(a)(1) of this chapter. If the prosecuting 11 attorney submits a petition requesting the court to take juris- 12 diction of a juvenile allegedly within section 2(a)(1) of this 13 chapter and the court determines that formal jurisdiction should 14 be acquired, the court shall authorize a petition to be filed. 15 (3) ONLY THE SCHOOL DISTRICT SUPERINTENDENT OF SCHOOLS OR 16 INTERMEDIATE SUPERINTENDENT OR HIS OR HER DESIGNEE OR THE PROSE- 17 CUTING ATTORNEY MAY FILE A PETITION REQUESTING THE COURT TO TAKE 18 JURISDICTION OF A JUVENILE ALLEGEDLY WITHIN SECTION 2(A)(5) OF 19 THIS CHAPTER. IF A PETITION IS FILED, THE COURT SHALL HOLD A 20 HEARING WITHIN 10 DAYS. IF THE COURT DETERMINES THAT THE ALLEGA- 21 TIONS IN THE PETITION ARE SUPPORTED, THE COURT SHALL AUTHORIZE A 22 PETITION TO BE FILED AND OBTAIN FORMAL JURISDICTION. THE COURT 23 SHALL NOTIFY THE PROSECUTING ATTORNEY UNLESS HE OR SHE FILED THE 24 PETITION. 25 (4)(3)The petition described in subsections (1),and26 (2), AND (3) shall be verified and may be upon information and 27 belief. The petition shall set forth plainly the facts that 02634'99 a 12 1 bring the juvenile within this chapter and shall contain all of 2 the following information: 3 (a) The juvenile's name, birth date, and address. 4 (b) The name and address of the juvenile's parents. 5 (c) The name and address of the juvenile's legal guardian, 6 if there is one. 7 (d) The name and address of each person having custody or 8 control of the juvenile. 9 (e) The name and address of the juvenile's nearest known 10 relative, if no parent or guardian can be found. 11 (5)(4)If any of the facts required under subsection 12(3)(4) are not known to the petitioner, the petition shall 13 state that the facts are not known. If the juvenile attains his 14 or her seventeenth birthday after the filing of the petition, the 15 court's jurisdiction shall continue beyond the juvenile's seven- 16 teenth birthday and the court may hear and dispose of the peti- 17 tion under this chapter. 18 (6)(5)When a petition is authorized, the court shall 19 examine the court file to determine if a juvenile has had finger- 20 prints taken as required under section 3 ofAct No. 289 of the21Public Acts of 1925, being section 28.243 of the Michigan22Compiled Laws1925 PA 289, MCL 28.243. If a juvenile has not 23 had his or her fingerprints taken, the court shall do either of 24 the following: 25 (a) Order the juvenile to submit himself or herself to the 26 police agency that arrested or obtained the warrant for the 02634'99 a 13 1 JUVENILE'S arrestof the juvenileso the juvenile's 2 fingerprints can be taken. 3 (b) Order the juvenile committed to the SHERIFF'S custody 4of the sheriffforthetakingofthe juvenile's 5 fingerprints. 6 (7)(6)A petition or other court record may be amended at 7 any stage of the proceedings as the ends of justice require. 8 (8)(7)If the juvenile diversion act,Act No. 13 of the9Public Acts of 1988, being sections 722.821 to 722.831 of the10Michigan Compiled Laws1988 PA 13, MCL 722.821 TO 722.831, is 11 complied with and the court determines that court services can be 12 used in the prevention of delinquency without formal jurisdic- 13 tion, the court may offer court services to a juvenile without a 14 petition being authorized as provided in section 2(e) of this 15 chapter. 16 SEC. 11A. IF THE COURT ACQUIRES JURISDICTION OVER A JUVE- 17 NILE UNDER SECTION 2(A)(5) OF THIS CHAPTER, THE PROSECUTING 18 ATTORNEY MAY FILE A COMPLAINT ALLEGING A VIOLATION OF SECTION 19 1599 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1599, BY 20 THE JUVENILE'S PARENT OR GUARDIAN IN THE SAME MANNER AS FOR THE 21 DISTRICT COURT. 22 SEC. 17E. (1) WITHIN 10 DAYS AFTER ACQUIRING JURISDICTION 23 OVER A JUVENILE UNDER SECTION 2(A)(5) OF THIS CHAPTER, THE COURT 24 SHALL HOLD A HEARING. THE JUVENILE, THE JUVENILE'S PARENT OR 25 GUARDIAN, THE SCHOOL DISTRICT SUPERINTENDENT OF SCHOOLS OR INTER- 26 MEDIATE SUPERINTENDENT OR HIS OR HER DESIGNEE, AND ANY INTERESTED 02634'99 a 14 1 PARTY SHALL HAVE THE OPPORTUNITY AT THE HEARING TO PROPOSE A 2 RESOLUTION TO THE JUVENILE'S ATTENDANCE PROBLEMS. 3 (2) THE COURT SHALL ENTER AN ORDER OF DISPOSITION WITHIN 5 4 DAYS AFTER THE HEARING. THE ORDER OF DISPOSITION SHALL DO ALL OF 5 THE FOLLOWING: 6 (A) ORDER THE JUVENILE TO ATTEND HIS OR HER SCHOOL OR AN 7 ALTERNATIVE AS PROVIDED BY LAW. 8 (B) ORDER THE SECRETARY OF STATE TO DO 1 OF THE FOLLOWING: 9 (i) SUSPEND THE JUVENILE'S OPERATOR'S OR CHAUFFEUR'S LICENSE 10 FOR A SPECIFIED PERIOD OF NOT MORE THAN 2 YEARS UNLESS THE COURT 11 SHORTENS OR ELIMINATES THE SUSPENSION PERIOD UNDER THIS SECTION. 12 IF THE JUVENILE'S LICENSE IS SUSPENDED WHEN THE COURT ENTERS THE 13 ORDER, THE SUSPENSION UNDER THIS SECTION SHALL BEGIN AT THE END 14 OF THAT SUSPENSION. 15 (ii) DENY THE JUVENILE AN OPERATOR'S OR CHAUFFEUR'S LICENSE 16 FOR A SPECIFIED PERIOD OF NOT MORE THAN 2 YEARS AFTER THE JUVE- 17 NILE IS OTHERWISE ELIGIBLE FOR A LICENSE UNLESS THE COURT REIN- 18 STATES THE JUVENILE'S ELIGIBILITY UNDER THIS SECTION. 19 (C) REQUIRE ANY OTHER ACTIONS BY THE JUVENILE, THE 20 JUVENILE'S PARENT OR GUARDIAN, OR SCHOOL AUTHORITIES NECESSARY TO 21 RESOLVE THE JUVENILE'S ATTENDANCE PROBLEM. 22 (3) IN ADDITION, THE ORDER OF DISPOSITION MAY CONTAIN ANY 23 PROVISION AUTHORIZED UNDER SECTION 18 OF THIS CHAPTER. 24 (4) THE COURT MAY SHORTEN THE LICENSE SUSPENSION OR DENIAL 25 PERIOD UNDER SUBSECTION (2)(B) OR END THE PERIOD IF THE JUVENILE 26 SATISFIES SCHOOL ATTENDANCE REQUIREMENTS SPECIFIED BY THE COURT 27 IN ITS ORDER AND THE COURT DETERMINES THAT SHORTENING OR 02634'99 a 15 1 ELIMINATING THE PERIOD IS IN THE JUVENILE'S BEST INTERESTS. THE 2 COURT SHALL ORDER THE SECRETARY OF STATE TO SHORTEN OR END THE 3 LICENSE SUSPENSION OR DENIAL PERIOD. 4 (5) A DESIGNEE OF A SCHOOL DISTRICT SUPERINTENDENT OR INTER- 5 MEDIATE SUPERINTENDENT DESCRIBED IN SUBSECTION (1) SHALL BE AN 6 ADMINISTRATOR OR TEACHER OF THE SCHOOL OR SCHOOL DISTRICT. 7 Enacting section 1. This amendatory act does not take 8 effect unless all of the following bills of the 90th Legislature 9 are enacted into law: 10 (a) Senate Bill No. 759. 11 12 (b) Senate Bill No. 758. 13 02634'99 a Final page. DAM