SB-0436, As Passed House, November 9, 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.