Bill Text: MI SB0421 | 2023-2024 | 102nd Legislature | Enrolled
Bill Title: Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18). TIE BAR WITH: SB 0418'23
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2023-12-29 - Assigned Pa 0298'23 [SB0421 Detail]
Download: Michigan-2023-SB0421-Enrolled.html
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Senators Klinefelt, Irwin, Chang, Bayer, Shink, Wojno, Geiss and Santana
ENROLLED SENATE BILL No. 421
AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2022 PA 209.
The People of the State of Michigan enact:
CHAPTER XIIA
Sec. 18. (1) If the court finds that a juvenile concerning whom a petition is filed is not within this chapter, the court shall enter an order dismissing the petition. Except as otherwise provided in subsection (10) and subject to subsection (11), if the court finds that a juvenile is within this chapter, the court shall order the juvenile returned to the juvenile’s parent if the return of the juvenile to the juvenile’s parent would not cause a substantial risk of harm to the juvenile or society. Subject to subsection (11), the court may also enter any of the following orders of disposition that are appropriate for the welfare of the juvenile and society in view of the facts proven and ascertained:
(a) Warn the juvenile or the juvenile’s parents, guardian, or
custodian and, except as provided in subsection (7), dismiss the petition.
(b) Place the juvenile on probation, or under supervision in the juvenile’s own home or in the home of an adult who is related to the juvenile. As used in this subdivision, “related” means a relative as that term is defined in section 13a of this chapter. The court shall order the terms and conditions of probation or supervision, including reasonable rules for the conduct of the parents, guardian, or custodian, if any, as the court determines necessary for the physical, mental, or moral well-being and behavior of the juvenile. The court may order that the juvenile participate in a juvenile drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. The court also shall order, as a condition of probation or supervision, that the juvenile shall pay the minimum state cost prescribed by section 18m of this chapter.
(c) If a juvenile is within the court’s jurisdiction under section 2(a) of this chapter, or under section 2(h) of this chapter for a supplemental petition, place the juvenile in 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.
(d) Except as otherwise provided in this subdivision, place the juvenile in or commit the juvenile to a private institution or agency approved or licensed by the department’s division of child welfare licensing for the care of juveniles of similar age, sex, and characteristics. If the juvenile is not a ward of the court, the court shall commit the juvenile to the department or, if the county is a county juvenile agency, to that county juvenile agency for placement in or commitment to an institution or agency as the department or county juvenile agency determines is most appropriate, subject to any initial level of placement the court designates.
(e) Except as otherwise provided in this subdivision, commit the juvenile to a public institution, county facility, institution operated as an agency of the court or county, or agency authorized by law to receive juveniles of similar age, sex, and characteristics. If the juvenile is not a ward of the court, the court shall commit the juvenile to the department or, if the county is a county juvenile agency, to that county juvenile agency for placement in or commitment to an institution or facility as the department or county juvenile agency determines is most appropriate, subject to any initial level of placement the court designates. In a placement under subdivision (d) or a commitment under this subdivision, except to a state institution or a county juvenile agency, the juvenile’s religious affiliation must be protected by placement or commitment to a private child placing or child caring agency or institution, if available. Except for commitment to the department or a county juvenile agency, in an order of commitment under this subdivision to a state institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, or in 1935 PA 220, MCL 400.201 to 400.214, the court shall name the superintendent of the institution where the juvenile is committed as a special guardian to receive benefits due to the juvenile from the government of the United States. An order of commitment under this subdivision to the department or a county juvenile agency must name the department or that agency as a special guardian to receive those benefits. The benefits received by the special guardian must be used to the extent necessary to pay for the portions of the cost of care in the institution or facility that the parent or parents are found unable to pay.
(f) Provide the juvenile with medical, dental, surgical, or other health care, in a local hospital if available, or elsewhere, maintaining as much as possible a local physician-patient relationship, and with clothing and other incidental items the court determines are necessary.
(g) Order the parents, guardian, custodian, or any other person to refrain from continuing conduct that the court determines has caused or tended to cause the juvenile to come within or to remain under this chapter or that obstructs placement or commitment of the juvenile by an order under this section.
(h) Appoint a guardian under section 5204 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204, in response to a petition filed with the court by a person interested in the juvenile’s welfare. If the court appoints a guardian as authorized by this subdivision, it may dismiss the petition under this chapter.
(i) Order the juvenile to engage in community service.
(j) If the court finds that a juvenile has violated a municipal ordinance or a state or federal law, order the juvenile to pay a civil fine in the amount of the civil or penal fine provided by the ordinance or law. Money collected from fines levied under this subsection must be distributed as provided in section 29 of this chapter.
(k) If the court finds that the juvenile has violated a court order under section 2(a)(2) to (4) of this chapter, order the juvenile to be placed in a secure facility. A court order under this subdivision must state all of the following:
(i) The court order the juvenile violated.
(ii) The factual basis for determining that
there was reasonable cause to believe that the juvenile violated the court
order.
(iii) The court’s finding of fact to support a determination that there is no appropriate less restrictive alternative placement available considering the best interests of the juvenile.
(iv) The length of time, not to exceed 7 days, that the juvenile may remain in the secure facility and the plan for the juvenile’s release from the facility.
(v) That the order may not be renewed or extended.
(l) For a second or subsequent violation of a court order under section 2(a)(2) to (4) of this chapter, issue a second or subsequent order under subdivision (k), but only if the court finds both of the following:
(i) The juvenile violated a court order after the date that the court issued the first order under subdivision (k).
(ii) The court has procedures in place to ensure that a juvenile held in a secure facility by a court order is not in custody more than 7 days or the length of time authorized by the court, whichever is shorter.
(m) If a juvenile is within the court’s jurisdiction under section 2(a)(1) of this chapter, order the juvenile’s parent or guardian to personally participate in treatment reasonably available in the parent’s or guardian’s location.
(n) If a juvenile is within the court’s jurisdiction under section 2(a)(1) of this chapter, place the juvenile in and order the juvenile to complete satisfactorily a program of training in a juvenile boot camp established by the department under the juvenile boot camp act, 1996 PA 263, MCL 400.1301 to 400.1309, as provided in that act. If the county is a county juvenile agency, the court shall commit the juvenile to that county juvenile agency for placement in the program under that act. Upon receiving a report of satisfactory completion of the program from the department, the court shall authorize the juvenile’s release from placement in the juvenile boot camp. Following satisfactory completion of the juvenile boot camp program, the juvenile shall complete an additional period of not less than 120 days or more than 180 days of intensive supervised community reintegration in the juvenile’s local community. To place or commit a juvenile under this subdivision, the court shall determine all of the following:
(i) Placement in a juvenile boot camp will benefit the juvenile.
(ii) The juvenile is physically able to participate in the program.
(iii) The juvenile does not appear to have any mental handicap that would prevent participation in the program.
(iv) The juvenile will not be a danger to other juveniles in the boot camp.
(v) There is an opening in a juvenile boot camp program.
(vi) If the court must commit the juvenile to a county juvenile agency, the county juvenile agency is able to place the juvenile in a juvenile boot camp program.
(o) If the court entered a judgment of conviction under section 2d of this chapter, enter any disposition under this section or, if the court determines that the best interests of the public would be served, impose any sentence upon the juvenile that could be imposed upon an adult convicted of the offense for which the juvenile was convicted. If the juvenile is convicted of a violation or conspiracy to commit a violation of section 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403, the court may impose the alternative sentence permitted under that section if the court determines that the best interests of the public would be served. The court may delay imposing a sentence of imprisonment under this subdivision for a period not longer than the period during which the court has jurisdiction over the juvenile under this chapter by entering an order of disposition delaying imposition of sentence and placing the juvenile on probation upon the terms and conditions it considers appropriate, including any disposition under this section. If the court delays imposing sentence under this section, section 18i of this chapter applies. If the court imposes sentence, it shall enter a judgment of sentence. If the court imposes a sentence of imprisonment, the juvenile shall receive credit against the sentence for time served before sentencing. In determining whether to enter an order of disposition or impose a sentence under this subdivision, the court shall consider all of the following factors, giving greater weight to the seriousness of the offense and the juvenile’s prior record:
(i) The seriousness of the offense in terms of community protection, including, but not limited to, the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm or other dangerous weapon, and the impact on any victim.
(ii) The juvenile’s culpability in committing the offense, including, but not limited to, the level of the juvenile’s participation in planning and carrying out the offense and the existence of any aggravating or mitigating factors recognized by the sentencing guidelines.
(iii) The juvenile’s prior record of
delinquency including, but not limited to, any record of detention, any police
record, any school record, or any other evidence indicating prior delinquent
behavior.
(iv) The juvenile’s programming history, including, but not limited to, the juvenile’s past willingness to participate meaningfully in available programming.
(v) The adequacy of the punishment or programming available in the juvenile justice system.
(vi) The dispositional options available for the juvenile.
(p) In a proceeding under section 2(b) or (c) of this chapter, if a juvenile is removed from the parent’s custody at any time, the court shall permit the juvenile’s parent to have regular and frequent parenting time with the juvenile. Parenting time between the juvenile and the juvenile’s parent must not be less than 1 time every 7 days unless the court determines either that exigent circumstances require less frequent parenting time or that parenting time, even if supervised, may be harmful to the juvenile’s life, physical health, or mental well-being. If the court determines that parenting time, even if supervised, may be harmful to the juvenile’s life, physical health, or mental well-being, the court may suspend parenting time until the risk of harm no longer exists. The court may order the juvenile to have a psychological evaluation or counseling, or both, to determine the appropriateness and the conditions of parenting time.
(2) An order of disposition placing a juvenile in or committing a juvenile to care outside of the juvenile’s own home and under state, county juvenile agency, or court supervision must contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of care or service. The order must be reasonable, taking into account both the income and resources of the juvenile, parent, guardian, or custodian. The amount may be based upon the guidelines created under subsection (6). If the juvenile is receiving an adoption assistance under sections 115f to 115m or 115t of the social welfare act, 1939 PA 280, MCL 400.115f to 400.115m and 400.115t, the amount must not exceed the amount of the support subsidy. The reimbursement provision applies during the entire period the juvenile remains in care outside of the juvenile’s own home and under state, county juvenile agency, or court supervision, unless the juvenile is in the permanent custody of the court. The court shall provide for the collection of all amounts ordered to be reimbursed and the money collected must be accounted for and reported to the county board of commissioners. Collections to cover delinquent accounts or to pay the balance due on reimbursement orders may be made after a juvenile is released or discharged from care outside the juvenile’s own home and under state, county juvenile agency, or court supervision. Twenty-five percent of all amounts collected under an order entered under this subsection must be credited to the appropriate fund of the county to offset the administrative cost of collections. The balance of all amounts collected under an order entered under this subsection must be divided in the same ratio in which the county, state, and federal government participate in the cost of care outside the juvenile’s own home and under state, county juvenile agency, or court supervision. The court may also collect from the government of the United States benefits paid for the cost of care of a court ward. Money collected for juveniles placed by the court with or committed to the department or a county juvenile agency must be accounted for and reported on an individual juvenile basis. In cases of delinquent accounts, the court may also enter an order to intercept state or federal tax refunds of a juvenile, parent, guardian, or custodian and initiate the necessary offset proceedings to recover the cost of care or service. The court shall send to the person who is the subject of the intercept order advance written notice of the proposed offset. The notice must include notice of the opportunity to contest the offset on the grounds that the intercept is not proper because of a mistake of fact concerning the amount of the delinquency or the identity of the person subject to the order. The court shall provide for the prompt reimbursement of an amount withheld in error or an amount found to exceed the delinquent amount.
(3) An order of disposition placing a juvenile in the juvenile’s own home under subsection (1)(b) may contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of service. If an order is entered under this subsection, an amount due must be determined and treated in the same manner provided for an order entered under subsection (2).
(4) An order directed to a parent or a person other than the juvenile is not effective and binding on the parent or other person unless opportunity for hearing is given by issuance of summons or notice as provided in sections 12 and 13 of this chapter and until a copy of the order, bearing the seal of the court, is served on the parent or other person as provided in section 13 of this chapter.
(5) If the court appoints an attorney to represent a juvenile, parent, guardian, or custodian, the court may require in an order entered under this section that the juvenile, parent, guardian, or custodian reimburse the court for attorney fees.
(6) The state court administrative office, under the supervision and direction of the supreme court, shall create guidelines that the court may use in determining the ability of the juvenile, parent, guardian, or custodian to pay for care and any costs of service ordered under subsection (2) or (3). The guidelines must take into account both the income and resources of the juvenile, parent, guardian, or custodian.
(7) If the court finds that a juvenile comes under section 30
of this chapter, the court shall order the juvenile or the juvenile’s parent to
pay restitution as provided in sections 30 and 31 of this chapter and in
sections 44 and 45 of the William Van Regenmorter crime victim’s rights act,
1985 PA 87, MCL 780.794 and 780.795.
(8) If the court imposes restitution as a condition of probation, the court shall require the juvenile to do either of the following as an additional condition of probation:
(a) Engage in community service or, with the victim’s consent, perform services for the victim.
(b) Seek and maintain paid employment and pay restitution to the victim from the earnings of that employment.
(9) If the court finds that the juvenile is in intentional default of the payment of restitution, a court may, as provided in section 30 of this chapter, revoke or alter the terms and conditions of probation for nonpayment of restitution. If a juvenile who is ordered to engage in community service intentionally refuses to perform the required community service, the court may revoke or alter the terms and conditions of probation.
(10) The court shall not enter an order of disposition for a juvenile offense as defined in section 1a of 1925 PA 289, MCL 28.241a, or a judgment of sentence for a conviction until the court has examined the court file and has determined that the juvenile’s biometric data have been collected and forwarded as required by section 3 of 1925 PA 289, MCL 28.243, and the juvenile’s fingerprints have been taken and forwarded as required by the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.730. If a juvenile’s biometric data have not been collected or a juvenile has not had the juvenile’s fingerprints taken, the court shall do either of the following:
(a) Order the juvenile to submit himself or herself to the police agency that arrested or obtained the warrant for the juvenile’s arrest so the juvenile’s biometric data can be collected and forwarded and the juvenile’s fingerprints can be taken and forwarded.
(b) Order the juvenile committed to the sheriff’s custody for collecting and forwarding the juvenile’s biometric data and taking and forwarding the juvenile’s fingerprints.
(11) A designated individual or agency shall conduct a risk and needs assessment for each juvenile before disposition. The following procedure applies to a risk and needs assessment conducted under this subsection:
(a) The results of the risk and needs assessment, and a dispositional recommendation made by the designated individual or agency that performed the risk and needs assessment, must be shared with the court and each party to the proceeding, including the juvenile, counsel for the juvenile, and the prosecuting attorney.
(b) The results of the risk and needs assessment must be used to inform a dispositional recommendation and to determine the most appropriate disposition for the juvenile considering all of the following factors:
(i) The least restrictive setting possible.
(ii) Public safety.
(iii) Victim interests.
(iv) Rehabilitation of the juvenile.
(v) Improved juvenile outcomes, including, but not limited to, educational advancement.
(12) The court shall consider the results of the risk and needs assessment conducted under subsection (11) when making a dispositional decision regarding a juvenile found within this chapter, including, but not limited to, any of the following decisions:
(a) Whether to place a juvenile under supervision, including the length, level, and conditions of this supervision.
(b) Whether to place a juvenile on probation.
(c) Whether to place a juvenile in out-of-home care.
(13) For the duration of each order of disposition for a juvenile found within this chapter, the court shall require a new risk and needs assessment for the juvenile, to be conducted, shared, and used in the same manner as described in subsection (11), if any of the following conditions occur:
(a) Six months have passed since the juvenile’s last risk and needs assessment.
(b) The juvenile experiences a major life event.
(c) There is a major change in the juvenile’s proceedings.
(14) A risk and needs assessment conducted under subsection (11) must meet both of the following requirements:
(a) Be research based and nationally validated for use with juveniles.
(b) Comply with the guidelines created under subsection (15).
(15) The state court administrative office, under the
supervision and direction of the supreme court, shall create guidelines on the
use of risk and needs assessments under this section.
(16) A designated individual or agency that conducts risk and needs assessments under subsection (11) must be trained on the appropriate use of the applicable risk and needs assessment selected by the court.
(17) A risk and needs assessment conducted as part of a proceeding under this section and any information obtained from a minor in the course of the assessment, including any admission, confession, or incriminating evidence, are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.
(18) Upon final disposition, conviction, acquittal, or dismissal of an offense within the court’s jurisdiction under section 2(a)(1) of this chapter, using forms approved by the state court administrator, the clerk of the court entering the final disposition, conviction, acquittal, or dismissal shall immediately advise the department of state police of that final disposition, conviction, acquittal, or dismissal as required by section 3 of 1925 PA 289, MCL 28.243. The report to the department of state police must include information as to the finding of the judge or jury and a summary of the disposition or sentence imposed.
(19) If the court enters an order of disposition based on an act that is a juvenile offense as that term is defined in section 1 of 1989 PA 196, MCL 780.901, the court shall order the juvenile to pay the assessment as provided in that act. If the court enters a judgment of conviction under section 2d of this chapter for an offense that is a felony, misdemeanor, or ordinance violation, the court shall order the juvenile to pay the assessment as provided in 1989 PA 196, MCL 780.901 to 780.911.
(20) If the court has entered an order of disposition or a judgment of conviction for a listed offense as that term is defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, the court, the department, or the county juvenile agency shall register the juvenile or accept the juvenile’s registration as provided in the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.730.
(21) If the court enters an order of disposition placing a juvenile in a juvenile boot camp program, or committing a juvenile to a county juvenile agency for placement in a juvenile boot camp program, and the court receives from the department a report that the juvenile has failed to perform satisfactorily in the program, that the juvenile does not meet the program’s requirements or is medically unable to participate in the program for more than 25 days, that there is no opening in a juvenile boot camp program, or that the county juvenile agency is unable to place the juvenile in a juvenile boot camp program, the court shall release the juvenile from placement or commitment and enter an alternative order of disposition. A juvenile must not be placed in a juvenile boot camp under an order of disposition more than once, except that a juvenile returned to the court for a medical condition, because there was no opening in a juvenile boot camp program, or because the county juvenile agency was unable to place the juvenile in a juvenile boot camp program may be placed again in the juvenile boot camp program after the medical condition is corrected, an opening becomes available, or the county juvenile agency is able to place the juvenile.
(22) If the juvenile is within the court’s jurisdiction under section 2(a)(1) of this chapter for an offense other than a listed offense as that term is defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, the court shall determine if the offense is a violation of a law of this state or a local ordinance of a municipality of this state that by its nature constitutes a sexual offense against an individual who is less than 18 years of age. If so, the order of disposition is for a listed offense as that term is defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, and the court shall include the basis for that determination on the record and include the determination in the order of disposition.
(23) The court shall not impose a sentence of imprisonment in the county jail under subsection (1)(o) unless the present county jail facility for the juvenile’s imprisonment meets all requirements under federal law and regulations for housing juveniles. The court shall not impose the sentence until it consults with the sheriff to determine when the sentence will begin to ensure that space will be available for the juvenile.
(24) In a proceeding under section 2(h) of this chapter, this section only applies to a disposition for a violation of a personal protection order and subsequent proceedings.
(25) If a juvenile is within the court’s jurisdiction under section 2(a)(1) of this chapter, the court shall order the juvenile to pay costs as provided in section 18m of this chapter.
(26) A juvenile who has been ordered to pay the minimum state
cost as provided in section 18m of this chapter as a condition of probation or
supervision and who is not in willful default of the payment of the minimum
state cost may petition the court at any time for a remission of the payment of
any unpaid portion of the minimum state cost. If the court determines that
payment of the amount due will impose a manifest hardship on the juvenile or the
juvenile’s immediate family, the court may remit all or part of the amount of
the minimum state cost due or modify the method of payment.
Enacting section 1. This amendatory act takes effect October 1, 2024.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 418 of the 102nd Legislature is enacted into law.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
