SB-0436, As Passed Senate, November 10, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 436

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 2a of chapter XIIA (MCL 712A.2a), as amended by

1998 PA 474.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIIA

     Sec. 2a. (1) Except as otherwise provided in subsection (2),

this section, if the court has exercised jurisdiction over a

juvenile under section 2(a) or (b) of this chapter, jurisdiction

shall continue for a period of 2 years beyond the maximum age of

jurisdiction conferred under section 2 of this chapter, unless the

juvenile is released sooner by court order.

     (2) If the department files a report with the court under

section 15 of the young adult voluntary foster care act, the court

shall determine whether it is in the youth's best interests to

continue in voluntary foster care within 21 days of the filing of

the report. A hearing is not required under this subsection, but

may be held on the court's own motion or at the request of the

youth or the department.

     (3) If the court finds that the voluntary foster care

agreement is in the youth's best interests, the court shall issue

an order containing individualized findings to support its

determinations made under subsection (2) and close the case in

accordance with section 19 of the young adult voluntary foster care

act. The individualized findings shall be based on the department's

written report and other materials and information submitted to the

court.

     (4) (2) If the court has exercised jurisdiction over a

juvenile under section 2(a)(1) of this chapter for an offense that,

if committed by an adult, would be a violation or attempted

violation of section 72, 83, 84, 86, 88, 89, 91, 110a(2), 186a,

316, 317, 349, 520b, 520c, 520d, 520g, 529, 529a, 530, or 531 of

the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83, 750.84,

750.86, 750.88, 750.89, 750.91, 750.110a, 750.186a, 750.316,

750.317, 750.349, 750.520b, 750.520c, 750.520d, 750.520g, 750.529,

750.529a, 750.530, and 750.531, or section 7401(2)(a)(i) or

7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401

and 333.7403, jurisdiction may be continued under section 18d of

this chapter until the juvenile is 21 years of age.

(5) (3) If the court exercised jurisdiction over a child under

section 2(h) of this chapter, jurisdiction of the court continues

until the order expires but action regarding the personal

protection order after the respondent's eighteenth birthday shall

not be subject to this chapter.

(6) (4) This section does not apply if the juvenile is

sentenced to the jurisdiction of the department of corrections.

(7) (5) As used in this chapter, "child", "juvenile", "minor",

or any other term signifying a person under the age of 18 applies

to a person 18 years of age or older concerning whom proceedings

are commenced in the court under section 2 of this chapter and over

whom the court has continuing jurisdiction pursuant to under

subsections (1) and (3) to (5).

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 435 of the 96th Legislature is enacted into

law.