Michigan-2011-SB0694-Engrossed

SB-0694, As Passed Senate, November 8, 2012

SUBSTITUTE FOR

SENATE BILL NO. 694

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

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

2001 PA 211.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIIA

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 17 years of age who is found within the county if 1

or more of the following applies:

(1) Except as otherwise provided in this sub-subdivision, the

juvenile has violated any municipal ordinance or law of the state

or of the United States. If the court enters into an agreement

under section 2e of this chapter, the court has jurisdiction over a

juvenile who committed a civil infraction as provided in that

section. The court has jurisdiction over a juvenile 14 years of age

or older who is charged with a specified juvenile violation only if

the prosecuting attorney files a petition in the court instead of

authorizing a complaint and warrant. As used in this sub-

subdivision, "specified juvenile violation" means 1 or more of the

following:

(A) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,

520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,

MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,

750.349, 750.520b, 750.529, 750.529a, and 750.531.

(B) A violation of section 84 or 110a(2) of the Michigan penal

code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is

armed with a dangerous weapon. As used in this paragraph,

"dangerous weapon" means 1 or more of the following:

(i) A loaded or unloaded firearm, whether operable or

inoperable.

(ii) A knife, stabbing instrument, brass knuckles, blackjack,

club, or other object specifically designed or customarily carried

or possessed for use as a weapon.

(iii) An object that is likely to cause death or bodily injury

when used as a weapon and that is used as a weapon or carried or

possessed for use as a weapon.

(iv) An object or device that is used or fashioned in a manner

to lead a person to believe the object or device is an object or

device described in subparagraphs (i) to (iii).

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

from a juvenile facility, but only if the juvenile facility from

which the individual escaped or attempted to escape was 1 of the

following:

(i) A high-security or medium-security facility operated by the

~~family independence agency~~ department of human services or a county

juvenile agency.

(ii) A high-security facility operated by a private agency

under contract with the ~~family independence agency~~ department of

human services or a county juvenile agency.

(D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.

(E) An attempt to commit a violation described in paragraphs

(A) to (D).

(F) Conspiracy to commit a violation described in paragraphs

(A) to (D).

(G) Solicitation to commit a violation described in paragraphs

(A) to (D).

(H) A lesser included offense of a violation described in

paragraphs (A) to (G) if the individual is charged with a violation

described in paragraphs (A) to (G).

(I) Another violation arising out of the same transaction as a

violation described in paragraphs (A) to (G) if the individual is

charged with a violation described in paragraphs (A) to (G).

(2) The juvenile has deserted his or her home without

sufficient cause, and the court finds on the record that the

juvenile has been placed or refused alternative placement or the

juvenile and the juvenile's parent, guardian, or custodian have

exhausted or refused family counseling.

(3) The juvenile is repeatedly disobedient to the reasonable

and lawful commands of his or her parents, guardian, or custodian,

and the court finds on the record by clear and convincing evidence

that court-accessed services are necessary.

(4) The juvenile willfully and repeatedly absents himself or

herself from school or other learning program intended to meet the

juvenile's educational needs, or repeatedly violates rules and

regulations of the school or other learning program, and the court

finds on the record that the juvenile, the juvenile's parent,

guardian, or custodian, and school officials or learning program

personnel have met on the juvenile's educational problems and

educational counseling and alternative agency help have been

sought. As used in this sub-subdivision only, "learning program"

means an organized educational program that is appropriate, given

the age, intelligence, ability, and psychological limitations of a

juvenile, in the subject areas of reading, spelling, mathematics,

science, history, civics, writing, and English grammar.

(b) Jurisdiction in proceedings concerning a juvenile under 18

years of age found within the county:

(1) Whose parent or other person legally responsible for the

care and maintenance of the juvenile, when able to do so, neglects

or refuses to provide proper or necessary support, education,

medical, surgical, or other care necessary for his or her health or

morals, who is subject to a substantial risk of harm to his or her

mental well-being, who is abandoned by his or her parents,

guardian, or other custodian, or who is without proper custody or

guardianship. As used in this sub-subdivision:

(A) "Education" means learning based on an organized

educational program that is appropriate, given the age,

intelligence, ability, and psychological limitations of a juvenile,

in the subject areas of reading, spelling, mathematics, science,

history, civics, writing, and English grammar.

(B) "Without proper custody or guardianship" does not mean a

parent has placed the juvenile with another person who is legally

responsible for the care and maintenance of the juvenile and who is

able to and does provide the juvenile with proper care and

maintenance.

(2) Whose home or environment, by reason of neglect, cruelty,

~~drunkenness,~~ abuse, substance abuse, criminality, or depravity on

the part of a parent, guardian, nonparent adult, or other

custodian, is or will be an unfit place for the juvenile to live

in. In determining whether a home is or will be an unfit place for

the juvenile to live in, the court shall consider allegations

against a parent who is currently absent from the home or has no

current contact with the juvenile. As used in this sub-subdivision,

"criminality" means a violation of state or federal law by a

parent, guardian, nonparent adult, or other custodian, that by its

nature or effect renders the home unfit whether or not the

violation results in a conviction. In considering whether offenses

committed against children render the home unfit, it does not

matter whether or not the child victim is related to the parent,

guardian, nonparent adult, or other custodian.

(3) Whose parent has substantially failed, without good cause,

to comply with a limited guardianship placement plan described in

section 5205 of the estates and protected individuals code, 1998 PA

386, MCL 700.5205, regarding the juvenile.

(4) Whose parent has substantially failed, without good cause,

to comply with a court-structured plan described in section 5207 or

5209 of the estates and protected individuals code, 1998 PA 386,

MCL 700.5207 and 700.5209, regarding the juvenile.

(5) If the juvenile has a guardian under the estates and

protected individuals code, 1998 PA 386, MCL 700.1101 to ~~700.8102,~~

700.8206, and the juvenile's parent meets both of the following

criteria:

(A) The parent, having the ability to support or assist in

supporting the juvenile, has failed or neglected, without good

cause, to provide regular and substantial support for the juvenile

for 2 years or more before the filing of the petition or, if a

support order has been entered, has failed to substantially comply

with the order for 2 years or more before the filing of the

petition.

(B) The parent, having the ability to visit, contact, or

communicate with the juvenile, has regularly and substantially

failed or neglected, without good cause, to do so for 2 years or

more before the filing of the petition.

If a petition is filed in the court alleging that a juvenile

is within the provisions of subdivision (b)(1), (2), (3), (4), or

(5) and the custody of that juvenile is subject to the prior or

continuing order of another court of record of this state, the

manner of notice to the other court of record and the authority of

the court to proceed is governed by rule of the supreme court.

jurisdiction of whom has been waived to the family division of

circuit court by a circuit court under a provision in a temporary

order for custody of juveniles based upon a complaint for divorce

or upon a motion related to a complaint for divorce by the

prosecuting attorney, in a divorce judgment dissolving a marriage

between the juvenile's parents, or by an amended judgment relative

to the juvenile's custody in a divorce.

(d) If the court finds on the record that voluntary services

have been exhausted or refused, concurrent jurisdiction in

proceedings concerning a juvenile between the ages of 17 and 18

found within the county who is 1 or more of the following:

(1) Repeatedly addicted to the use of drugs or the intemperate

use of alcoholic liquors.

(2) Repeatedly associating with criminal, dissolute, or

disorderly persons.

(3) Found of his or her own free will and knowledge in a house

of prostitution, assignation, or ill-fame.

(4) Repeatedly associating with thieves, prostitutes, pimps,

or procurers.

(5) Willfully disobedient to the reasonable and lawful

commands of his or her parents, guardian, or other custodian and in

danger of becoming morally depraved.

If a juvenile is brought before the court in a county other

than that in which the juvenile resides, before a hearing and with

the consent of the judge of the court in the county of residence,

the court may enter an order transferring jurisdiction of the

matter to the court of the county of residence. Consent to transfer

jurisdiction is not required if the county of residence is a county

juvenile agency and satisfactory proof of residence is furnished to

the court of the county of residence. The order does not constitute

a legal settlement in this state that is required for the purpose

of section 55 of the social welfare act, 1939 PA 280, MCL 400.55.

The order and a certified copy of the proceedings in the

transferring court shall be delivered to the court of the county of

residence. A case designated as a case in which the juvenile shall

be tried in the same manner as an adult under section 2d of this

chapter may be transferred for venue or for juvenile disposition,

but shall not be transferred on grounds of residency. If the case

is not transferred, the court having jurisdiction of the offense

shall try the case.

(e) Authority to establish or assist in developing a program

or programs within the county to prevent delinquency and provide

services to act upon reports submitted to the court related to the

behavior of a juvenile who does not require formal court

jurisdiction but otherwise falls within subdivision (a). These

services shall be used only if the juvenile and his or her parents,

guardian, or custodian voluntarily accepts them.

(f) If the court operates a detention home for juveniles

within the court's jurisdiction under subdivision (a)(1), authority

to place a juvenile within that home pending trial if the juvenile

is within the circuit court's jurisdiction under section 606 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.606, and if

the circuit court orders the family division of circuit court in

the same county to place the juvenile in that home. The family

division of circuit court shall comply with that order.

(g) Authority to place a juvenile in a county jail under

section 27a of chapter IV of the code of criminal procedure, 1927

PA 175, MCL 764.27a, if the court designates the case under section

2d of this chapter as a case in which the juvenile is to be tried

in the same manner as an adult and the court determines there is

probable cause to believe that the offense was committed and

probable cause to believe the juvenile committed that offense.

(h) Jurisdiction over a proceeding under section 2950 or 2950a

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

and 600.2950a, in which a minor less than 18 years of age is the

respondent, or a proceeding to enforce a valid foreign protection

order issued against a respondent who is a minor less than 18 years

of age. A personal protection order shall not be issued against a

respondent who is a minor less than 10 years of age. Venue for an

initial action under section 2950 or 2950a of the revised

judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, is

proper in the county of residence of either the petitioner or

respondent. If the respondent does not live in this state, venue

for the initial action is proper in the petitioner's county of

residence.