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1 chapters · 163 sections in this title.
Mich. Comp. Laws § 712A.18o Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment.
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Sec. 18o. (1) A competency evaluation ordered under section 18n of this chapter shall be conducted by a qualified juvenile forensic mental health examiner. The qualified juvenile forensic mental health examiner shall provide the court with an opinion as to whether the juvenile is…
Mich. Comp. Laws § 712A.18p Providing information relating to competency; submission of report by qualified forensic mental health examiner; extension; copies of report to be provided to certain individuals.
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Sec. 18p. (1) The court shall order the prosecuting attorney to provide to the juvenile's attorney all information related to competency and shall order the prosecuting attorney and juvenile's attorney to submit to the qualified juvenile forensic mental health examiner any inform…
Mich. Comp. Laws § 712A.18q Competency hearing.
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Sec. 18q. (1) Not later than 30 days after a report is filed under section 18p of this chapter, the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile's mental condition or…
Mich. Comp. Laws § 712A.18r Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure.
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Sec. 18r. (1) The constitutional protections against self-incrimination apply to all competency evaluations. (2) Any evidence or statement obtained during a competency evaluation is not admissible in any proceeding to determine the juvenile's responsibility. (3) A statement that …
Mich. Comp. Laws § 712A.18s Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court; order to provide treatment; report from entity providing services; duties of court; record.
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Sec. 18s. (1) If the juvenile is incompetent to proceed but the court finds that the juvenile may be restored to competency in the foreseeable future, 1 of the following applies: (a) If the offense is a traffic offense or a misdemeanor other than a serious misdemeanor, the matter…
Mich. Comp. Laws § 712A.18t Automatic expungements; exceptions; notification; nonpublic record; disclosure; violation; misdemeanor; implementation.
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Sec. 18t. (1) Except as otherwise provided in this section, beginning 2 years after the effective date of the amendatory act that added this section, an adjudication is set aside under this section without filing an application under section 18e of this chapter 2 years after the …
Mich. Comp. Laws § 712A.19 Termination of cause; supplemental order of disposition; review hearing; notice of review hearing; factors to be reviewed; modification of case service plan; determination as to placement; order; determination as to review; issuance of order without hearing; agency report and other information as evidence; access; concurrent efforts to reunify child with family.
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Sec. 19. (1) Subject to section 20 of this chapter, if a child remains under the court's jurisdiction, a cause may be terminated or an order may be amended or supplemented, within the authority granted to the court in section 18 of this chapter, at any time as the court considers…
Mich. Comp. Laws § 712A.19a Permanency planning hearing; conditions; time limitation; reunion of child and family not required; purpose; obtaining child's views regarding permanency plan; consideration of out-of-state placement; notice; statement; return of child to parent; noncompliance with case service plan; other conditions as evidence; termination of parental rights to child; exceptions; alternative placement plans; powers and appointment of guardian; information considered as evidence; revocation or termination of guardianship.
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Sec. 19a. (1) Subject to subsection (2), if a child remains in foster care and parental rights to the child have not been terminated, the court shall conduct a permanency planning hearing within 12 months after the child was removed from his or her home. Subsequent permanency pla…
Mich. Comp. Laws § 712A.19b Termination of parental rights to child; petition; hearing; record; findings; opinion or order; notice of hearing; suspension of parenting time; grounds for termination; "concerned person" defined.
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Sec. 19b. (1) Except as provided in subsection (4), if a child remains in foster care in the temporary custody of the court following a review hearing under section 19(3) of this chapter or a permanency planning hearing under section 19a of this chapter or if a child remains in t…
Mich. Comp. Laws § 712A.19c Review hearing of child's placement after termination of parental rights; appointment of guardian; applicability of section.
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Sec. 19c. (1) Except as provided in section 19(4) of this chapter and subject to subsection (14), if a child remains in placement following the termination of parental rights to the child, the court shall conduct a review hearing not more than 91 days after the termination of par…
Mich. Comp. Laws § 712A.2 Authority and jurisdiction of court.
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Sec. 2. The court has the following authority and jurisdiction: (a) Exclusive original jurisdiction superior to and regardless of the jurisdiction of another court in proceedings concerning a juvenile under 18 years of age who is found within the county if 1 or more of the follow…
Mich. Comp. Laws § 712A.20 Temporary or permanent custody.
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Sec. 20. The court in all cases involving custody shall state in the order for disposition or any supplemental order of disposition whether the child is placed in the temporary or permanent custody of the court. If the child is placed in the temporary custody of the court, no sup…
Mich. Comp. Laws § 712A.21 Petition for rehearing; affirming, modifying, or setting aside order; conduct of rehearing; order for supplemental disposition; applicability of section to criminal proceeding; “interested person” construed.
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Sec. 21. (1) At any time while the juvenile is under the jurisdiction of the court, an interested person may file a petition in writing and under oath for a rehearing upon all matters coming within the provisions of this chapter. Upon the rehearing, the court may affirm, modify, …
Mich. Comp. Laws § 712A.22 Annual report.
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Sec. 22. The state court administrative office shall publish an annual report evaluating the court regarding its duty under this act to engage in obtaining permanency for children. The report shall include at least information and statistics detailing the court's adherence to eac…
Mich. Comp. Laws § 712A.23 Use of evidence against juvenile.
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Sec. 23. Evidence regarding the disposition of a juvenile under this chapter and evidence obtained in a dispositional proceeding under this chapter shall not be used against that juvenile for any purpose in any judicial proceeding except in a subsequent case against that juvenile…
Mich. Comp. Laws § 712A.24 Placement in institutions; summary of information; conveyance of child; progress report.
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Sec. 24. Whenever the court shall place a child in any public or private institution or agency, it shall transmit with the order of disposition or supplemental order of disposition a summary of its information concerning such child, and such child may be placed in the care of a c…
Mich. Comp. Laws § 712A.25 Payment of expenses.
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Sec. 25. (1) Except as otherwise provided by law, expenses incurred in carrying out this chapter shall be paid upon the court's order by the county treasurer from the county's general fund. (2) A county that is a county juvenile agency shall pay expenses for county juvenile agenc…
Mich. Comp. Laws § 712A.26 Contempt of court; punishment.
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Sec. 26. The court shall have the power to punish for contempt of court under chapter 17 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1701 to 600.1745, any person who willfully violates, neglects, or refuses to obey and perform any order or process the court has ma…
Mich. Comp. Laws § 712A.27 Quarters, equipment and supplies for use of juvenile division.
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Sec. 27. Suitable quarters, equipment, and supplies shall be provided by the board of supervisors of each county for the use of the juvenile division of the probate court in said county.
Mich. Comp. Laws § 712A.28 Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; definitions.
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Sec. 28. (1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. The records are open only by court order to persons having a legitimate interest, except that diversion records are open only as provid…
Mich. Comp. Laws § 712A.29 Allocation and application of money collected; "crime victim payment" defined.
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Sec. 29. (1) If a child is subject to restitution or payments arising out of the same order of disposition, money collected from that child, or the child's parent or parents, for the payment of restitution or other payments must be allocated as provided in this section. (2) If a …
Mich. Comp. Laws § 712A.29a Reimbursement or collection of fines, fees, and costs; prohibition.
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Sec. 29a. (1) The court shall not order a juvenile within the court's jurisdiction under section 2(a)(1) or (f) of this chapter or the juvenile's parent, guardian, or legal custodian to reimburse the court for any fine, fees, or costs related to the juvenile's court case. (2) Beg…
Mich. Comp. Laws § 712A.2a Continuing jurisdiction beyond maximum age; voluntary foster care; extended guardianship assistance; jurisdiction over juvenile committing certain violations; juvenile under jurisdiction of department of corrections; definitions.
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Sec. 2a. (1) Except as otherwise provided in 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 th…
Mich. Comp. Laws § 712A.2b Violation of vehicle code or corresponding ordinance; procedure.
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Sec. 2b. When a juvenile is accused of an act that constitutes a violation of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a provision of an ordinance substantially corresponding to any provis…
Mich. Comp. Laws § 712A.2c Court order authorizing apprehension of juvenile; contents of order; interference with execution of order; penalty.
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Sec. 2c. The court may issue an order authorizing a peace officer or other person designated by the court to apprehend a juvenile who is absent without leave from an institution or facility to which he or she was committed under section 18 of this chapter, has violated probation,…
Mich. Comp. Laws § 712A.2d Juvenile to be tried as adult; designation by prosecuting attorney or court; factors; probable cause hearing; setting case for trial; proceedings as criminal proceedings; disposition or imposition of sentence; "specified juvenile violation" defined.
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Sec. 2d. (1) In a petition or amended petition alleging that a juvenile is within the court's jurisdiction under section 2(a)(1) of this chapter for a specified juvenile violation, the prosecuting attorney may designate the case as a case in which the juvenile is to be tried in t…
Mich. Comp. Laws § 712A.2e Waiver of jurisdiction over civil infractions; agreement.
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Sec. 2e. (1) The court may enter into an agreement with any or all district courts or municipal courts within the court's geographic jurisdiction to waive jurisdiction over any or all civil infractions alleged to have been committed by juveniles within the geographic jurisdiction…
Mich. Comp. Laws § 712A.2f Jurisdiction over juvenile; placement of case on consent calendar; maintenance in nonpublic manner; conduct of consent calendar conference; issuance of written consent calendar case plan; order of disposition in case while on consent calendar; completion of consent calendar case plan; closure of case; consent calendar not in best interest of juvenile or public; use of statements; report of successful completion; record.
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Sec. 2f. (1) Subject to subsection (2), if the court determines that formal jurisdiction should not be acquired over a juvenile, the court may proceed in an informal manner referred to as a consent calendar. The court shall not consider restitution when determining if the case sh…
Mich. Comp. Laws § 712A.3 Criminal charge against person under age 17 for offense occurring before October 1, 2021 or age 18 for offense occurring on or after October 1, 2021; transfer of case to family division of circuit court.
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Sec. 3. (1) For an offense occurring before October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 17 at the time of the commission of the offense, the other court shall tran…
Mich. Comp. Laws § 712A.30 “Offense” and “victim” defined; order of restitution.
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Sec. 30. (1) For purposes of this section and section 31: (a) "Juvenile offense" means a violation by a juvenile of a penal law of this state or a violation by a juvenile of an ordinance of a local unit of government of this state punishable by imprisonment or by a fine that is n…
Mich. Comp. Laws § 712A.31 Determining amount of restitution; factors in disposition report; disclosure of matters described in subsection (1); burden of demonstrating amount or type of restitution.
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Sec. 31. (1) In determining the amount of restitution to order under section 30 of this chapter, the court shall consider the amount of the loss sustained by any victim as a result of the juvenile offense. In determining whether to order the juvenile's supervisory parent to pay r…
Mich. Comp. Laws § 712A.32 Order to appear for identification; notice of right to attorney; appointment of attorney.
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Sec. 32. (1) If a complaint or petition is filed with the court against a juvenile for violating a criminal law of this state or of a local unit of government of this state, the court may, at the request of the person or entity submitting the complaint or petition, order the juve…
Mich. Comp. Laws § 712A.3a Prior order of another court affecting child's welfare; notice, filing, service, disclosure.
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Sec. 3a. When any order affecting the welfare of a child is entered under this chapter by the judge of probate in any case where the child is subject to the prior or continuing order of any other court of this state, a notice thereof shall be filed in such other court and a copy …
Mich. Comp. Laws § 712A.4 Waiver of jurisdiction when child of 14 or older accused of felony.
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Sec. 4. (1) If a juvenile 14 years of age or older is accused of an act that if committed by an adult would be a felony, the judge of the family division of circuit court in the county in which the offense is alleged to have been committed may waive jurisdiction under this sectio…
Mich. Comp. Laws § 712A.5 Jurisdiction over juvenile after 19 years of age.
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Sec. 5. The court does not have jurisdiction over an individual after he or she attains the age of 19 years, except as provided in section 2a of this chapter. A commitment of a juvenile to a private or public institution or agency is not valid after the juvenile has reached the a…
Mich. Comp. Laws § 712A.6 Jurisdiction; adults.
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Sec. 6. The court has jurisdiction over adults as provided in this chapter and as provided in chapter 10A and chapter 10C of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082 and 600.1099b to 600.1099m, and may make orders affecting adults as in the opinio…
Mich. Comp. Laws § 712A.6a Hearing; attendance by parent or guardian required; exception; failure to attend.
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Sec. 6a. The parent or guardian of a juvenile who is within the court's jurisdiction under section 2(a)(1) of this chapter shall attend each hearing held under this chapter unless the court excuses the parent or guardian from attendance for good cause. A parent or guardian who fa…
Mich. Comp. Laws § 712A.6b Order affecting nonparent adult.
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Sec. 6b. (1) The court may issue an order that affects a nonparent adult and that does 1 or more of the following: (a) Requires the nonparent adult to participate in the development of a case service plan. (b) Requires the nonparent adult to comply with a case service plan. (c) P…
Mich. Comp. Laws § 712A.7 Juvenile division of probate court; register of probate; appointment, duties, salary.
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Sec. 7. The judge of probate may appoint the register of probate, a deputy probate register, or clerk of his court as register of the juvenile division of the probate court. Such register of the juvenile division shall prepare all petitions for investigation, summons, writs and o…
Mich. Comp. Laws § 712A.8 County agent; creation of office; duties; assistants.
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Sec. 8. The office of county agent is created. The county agent is an officer of the court and under the general supervision of the judges of the court and shall serve at their pleasure. The county agent shall organize, direct and develop the juvenile welfare work of the court as…
Mich. Comp. Laws § 712A.9 Probation officers; appointment, compensation, duties; notification to social welfare office.
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Sec. 9. The judge of probate in each county may appoint 1 or more suitable persons of good character and qualified training or experience, other than the county agent or assistants, to act as probation officer, who shall receive such compensation as the board of supervisors may a…
Mich. Comp. Laws § 712A.9a Probation.
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Sec. 9a. If the court acting under section 18(1)(p) of this chapter imposes a sentence of probation in the same manner as probation could be imposed upon an adult convicted of the same offense for which the juvenile was convicted or enters an order of disposition delaying imposit…
Mich. Comp. Laws § 712B.1 Chapter; short title.
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Sec. 1. This chapter shall be known and may be cited as the "Michigan Indian family preservation act".
Mich. Comp. Laws § 712B.11 Examination of reports or documents by parties.
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Sec. 11. Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or other documents filed with the court upon which any decision with respect to that proceeding may be based.
Mich. Comp. Laws § 712B.13 Guardianship; adoptive placement; termination of parental rights; consent.
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Sec. 13. (1) If both parents or Indian custodian voluntarily consent to a petition for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, or if a parent consents to adoptive placement or the termination o…
Mich. Comp. Laws § 712B.15 Failure of parent to provide consent; requirements; removal of child from parent or Indian custodian; clear and convincing evidence; termination of parental rights; remedial services and rehabilitative programs; determination that continued custody likely to result in serious emotional or physical damage.
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Sec. 15. (1) If an Indian child is the subject of a child protective proceeding under section 2(b) of chapter XIIA, including instances in which the parent executed a release under section 28 of chapter X during the pendency of that proceeding, or a guardianship proceeding under …
Mich. Comp. Laws § 712B.17 Qualified expert witness.
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Sec. 17. (1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of preference: (a) A member of the Indian child's tribe, or witness approved by the Indian child's tribe, who is recognized by the tribal…
Mich. Comp. Laws § 712B.19 Improper removal of child from custody.
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Sec. 19. If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the c…
Mich. Comp. Laws § 712B.21 Appointment of counsel.
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Sec. 21. (1) In a case in which the court determines indigency, the parent or Indian custodian has the right to court-appointed counsel in a removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that the appo…
Mich. Comp. Laws § 712B.23 Placement; least restrictive setting; order of preference; documentation.
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Sec. 23. (1) Except for a placement for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, where both parents submit a consent for the guardianship, an Indian child shall be placed in the least restrictiv…