HOUSE BILL No. 4876 June 5, 1997, Introduced by Reps. Stallworth and Kilpatrick and referred to the Committee on Constitutional and Civil Rights. A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to cer- tain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the stat- utes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juve- nile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 1996 PA 244. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 03720'97 DMS 2 1 CHAPTER XIIA 2 Sec. 18. (1) If the court finds that a juvenile concerning 3 whom a petition is filed is not within this chapter, the court 4 shall enter an order dismissing the petition. Except as other- 5 wise provided in subsection (10), if the court finds that a juve- 6 nile is within this chapter, the court may enter any of the fol- 7 lowing orders of disposition that are appropriate for the welfare 8 of the juvenile and society in view of the facts proven and 9 ascertained: 10 (a) Warn the juvenile or the juvenile's parents, guardian, 11 or custodian and, except as provided in subsection (7), dismiss 12 the petition. 13 (b) Place the juvenile on probation, or under supervision in 14 the juvenile's own home or in the home of an adult who is related 15 to the juvenile. As used in this subdivision, "related" means 16 being a parent, grandparent, brother, sister, stepparent, step- 17 sister, stepbrother, uncle, or aunt by marriage, blood, or 18 adoption. The court shall order the terms and conditions of pro- 19 bation or supervision, including reasonable rules for the conduct 20 of the parents, guardian, or custodian, if any, as the court 21 determines necessary for the physical, mental, or moral 22 well-being and behavior of the juvenile. 23 (c) If a juvenile is within the court's jurisdiction under 24 section 2(a) of this chapter, place the juvenile in a suitable 25 foster care home subject to the court's supervision. If a juve- 26 nile is within the court's jurisdiction under section 2(b) of 03720'97 3 1 this chapter, the court shall not place a juvenile in a foster 2 care home subject to the court's supervision. 3 (d) Place the juvenile in or commit the juvenile to a pri- 4 vate institution or agency approved or licensed by the family 5 independence agency for the care of juveniles of similar age, 6 sex, and characteristics. 7 (e) Commit the juvenile to a public institution, county 8 facility, institution operated as an agency of the court or 9 county, or agency authorized by law to receive juveniles of simi- 10 lar age, sex, and characteristics. In a placement under subdivi- 11 sion (d) or a commitment under this subdivision, except to a 12 state institution, the religious affiliation of the juvenile 13 shall be protected by placement or commitment to a private 14 child-placing or child-caring agency or institution, if 15 available. In every order of commitment under this subdivision 16 to a state institution or agency described in the youth rehabili- 17 tation services act,Act No. 150 of the Public Acts of 1974,18being sections 803.301 to 803.309 of the Michigan Compiled Laws,19or in Act No. 220 of the Public Acts of 1935, being sections20400.201 to 400.214 of the Michigan Compiled Laws1974 PA 150, 21 MCL 803.301 TO 803.309, OR 1935 PA 220, MCL 400.201 TO 400.214, 22 the court shall name the superintendent of the institution to 23 which the juvenile is committed as a special guardian to receive 24 benefits due the juvenile from the government of the United 25 States, and the benefits shall be used to the extent necessary to 26 pay for the portions of the cost of care in the institution that 27 the parent or parents are found unable to pay. 03720'97 4 1 (f) Provide the juvenile with medical, dental, surgical, or 2 other health care, in a local hospital if available, or else- 3 where, maintaining as much as possible a local physician-patient 4 relationship, and with clothing and other incidental items as the 5 court considers necessary. 6 (g) Order the parents, guardian, custodian, or any other 7 person to refrain from continuing conduct that the court deter- 8 mines has caused or tended to cause the juvenile to come within 9 or to remain under this chapter, or that obstructs placement or 10 commitment of the juvenile pursuant to an order under this 11 section. 12 (h) Appoint a guardian under section 424 of the revised pro- 13 bate code,Act No. 642 of the Public Acts of 1978, being section14700.424 of the Michigan Compiled Laws, pursuant to1978 PA 642, 15 MCL 700.424, IN ACCORDANCE WITH a petition filed with the court 16 by a person interested in the welfare of the juvenile. If the 17 court appoints a guardianpursuant toUNDER this subdivision, 18 it may enter an order dismissing the petition under this 19 chapter. 20 (i) Order the juvenile to engage in community service. 21 (j) If the court finds that a juvenile has violated a munic- 22 ipal ordinance or a state or federal law, order the juvenile to 23 pay a civil fine in the amount of the civil or penal fine pro- 24 vided by the ordinance or law. Money collected from fines levied 25 under this subsection shall be distributed as provided in section 26 29 of this chapter. 03720'97 5 1 (k) Order the juvenile to pay court costs. Money collected 2 from costs ordered under this subsection shall be distributed as 3 provided in section 29 of this chapter. 4 (l) If a juvenile is within the court's jurisdiction under 5 section 2(a)(1) of this chapter, order the juvenile's parent or 6 guardian to personally participate in treatment reasonably avail- 7 able in the parent's or guardian's location. 8 (m) If a juvenile is within the court's jurisdiction under 9 section 2(a)(1) of this chapter, place the juvenile in and order 10 the juvenile to complete satisfactorily a program of training in 11 a juvenile boot camp established by the family independence 12 agency under the juvenile boot camp act as provided in that act. 13 Upon receiving a report of satisfactory completion of the program 14 from the family independence agency, the court shall authorize 15 the juvenile's release from placement in the juvenile boot camp. 16 Following satisfactory completion of the juvenile boot camp pro- 17 gram, the juvenile shall complete an additional period of not 18 less than 120 days or more than 180 days of intensive supervised 19 community reintegration in the juvenile's local community. To 20 place a juvenile in a juvenile boot camp program, the court shall 21 determine all of the following: 22 (i) Placement in a juvenile boot camp will benefit the 23 juvenile. 24 (ii) The juvenile is physically able to participate in the 25 program. 03720'97 6 1 (iii) The juvenile does not appear to have any mental 2handicapDISABILITY that would prevent participation in the 3 program. 4 (iv) The juvenile will not be a danger to other juveniles in 5 the boot camp. 6 (v) There is an opening in a juvenile boot camp program. 7 (n) If the court entered a judgment of conviction under sec- 8 tion 2d of this chapter, enter any disposition under this section 9 or, if the court determines that the best interests of the public 10 would be served, impose any sentence upon the juvenile that could 11 be imposed upon an adult convicted of the offense for which the 12 juvenile was convicted. If the juvenile is convicted of a viola- 13 tion or conspiracy to commit a violation of section 7401(2)(a)(i) 14 or 7403(2)(a)(i) of the public health code,Act No. 368 of the15Public Acts of 1978, being sections 333.7401 and 333.7403 of the16Michigan Compiled Laws1978 PA 368, MCL 333.7401 AND 333.7403, 17 the court may impose the alternative sentence permitted under 18 those sections if the court determines that the best interests of 19 the public would be served. The court may delay imposing a sen- 20 tence of imprisonment under this subdivision for a period not 21 longer than the period during which the court has jurisdiction 22 over the juvenile under this chapter by entering an order of dis- 23 position delaying imposition of sentence and placing the juvenile 24 on probation upon the terms and conditions it considers appropri- 25 ate, including any disposition under this section. If the court 26 delays imposing sentence under this section, section 18i of this 27 chapter applies. If the court imposes sentence, it shall enter a 03720'97 7 1 judgment of sentence. If the court imposes a sentence of 2 imprisonment, the juvenile shall receive credit against the sen- 3 tence for time served before sentencing. In determining whether 4 to enter an order of disposition or impose a sentence under this 5 subdivision, the court shall consider all of the following fac- 6 tors, giving greater weight to the seriousness of the offense and 7 the juvenile's prior record: 8 (i) The seriousness of the offense in terms of community 9 protection, including, but not limited to, the existence of any 10 aggravating factors recognized by the sentencing guidelines, the 11 use of a firearm or other dangerous weapon, and the impact on any 12 victim. 13 (ii) The culpability of the juvenile in committing the 14 offense, including, but not limited to, the level of the 15 juvenile's participation in planning and carrying out the offense 16 and the existence of any aggravating or mitigating factors recog- 17 nized by the sentencing guidelines. 18 (iii) The juvenile's prior record of delinquency including, 19 but not limited to, any record of detention, any police record, 20 any school record, or any other evidence indicating prior delin- 21 quent behavior. 22 (iv) The juvenile's programming history, including, but not 23 limited to, the juvenile's past willingness to participate mean- 24 ingfully in available programming. 25 (v) The adequacy of the punishment or programming available 26 in the juvenile justice system. 03720'97 8 1 (vi) The dispositional options available for the juvenile. 2 (2) An order of disposition placing a juvenile in or 3 committing a juvenile to care outside of the juvenile's own home 4 and under state or court supervision shall contain a provision 5 for reimbursement by the juvenile, parent, guardian, or custodian 6 to the court for the cost of care or service. The order shall be 7 reasonable, taking into account both the income and resources of 8 the juvenile, parent, guardian, or custodian. The amount may be 9 based upon the guidelines and model schedule created under sub- 10 section (6). If the juvenile is receiving an adoption support 11 subsidypursuant toIN ACCORDANCE WITH section 115j(4) of the 12 social welfare act,Act No. 280 of the Public Acts of 1939,13being section 400.115j of the Michigan Compiled Laws1939 PA 14 280, MCL 400.115J, the amount shall not exceed the amount of the 15 support subsidy. The reimbursement provision applies during the 16 entire period the juvenile remains in care outside of the 17 juvenile's own home and under state or court supervision, unless 18 the juvenile is in the permanent custody of the court. The court 19 shall provide for the collection of all amounts ordered to be 20 reimbursed, and the money collected shall be accounted for and 21 reported to the county board of commissioners. Collections to 22 cover delinquent accounts or to pay the balance due on reimburse- 23 ment orders may be made after a juvenile is released or dis- 24 charged from care outside the juvenile's own home and under state 25 or court supervision. Twenty-five percent of all amounts col- 26 lectedpursuant toIN ACCORDANCE WITH an order entered under 27 this subsection shall be credited to the appropriate fund of the 03720'97 9 1 county to offset the administrative cost of collections. The 2 balance of all amounts collected pursuant to an order entered 3 under this subsection shall be divided in the same ratio in which 4 the county, state, and federal government participate in the cost 5 of care outside the juvenile's own home and under state or court 6 supervision. The court may also collect benefits paid for the 7 cost of care of a court ward from the government of the United 8 States. Money collected for juveniles placed with or committed 9 to the family independence agency shall be accounted for and 10 reported on an individual juvenile basis. In cases of delinquent 11 accounts, the court may also enter an order to intercept state or 12 federal tax refunds of a juvenile, parent, guardian, or custodian 13 and initiate the necessary offset proceedings in order to recover 14 the cost of care or service. The court shall send to the person 15 who is the subject of the intercept order advance written notice 16 of the proposed offset. The notice shall include notice of the 17 opportunity to contest the offset on the grounds that the inter- 18 cept is not proper because of a mistake of fact concerning the 19 amount of the delinquency or the identity of the person subject 20 to the order. The court shall provide for the prompt reimburse- 21 ment of an amount withheld in error or an amount found to exceed 22 the delinquent amount. 23 (3) An order of disposition placing a juvenile in the 24 juvenile's own home under subsection (1)(b) may contain a provi- 25 sion for reimbursement by the juvenile, parent, guardian, or cus- 26 todian to the court for the cost of service. If an order is 27 entered under this subsection, an amount due shall be determined 03720'97 10 1 and treated in the same manner provided for an order entered 2 under subsection (2). 3 (4) An order directed to a parent or a person other than the 4 juvenile is not effective and binding on the parent or other 5 person unless opportunity for hearing is givenpursuant toIN 6 ACCORDANCE WITH THE issuance of summons or notice as provided in 7 sections 12 and 13 of this chapter, and until a copy of the 8 order, bearing the seal of the court, is served on the parent or 9 other person as provided in section 13 of this chapter. 10 (5) If the court appoints an attorney to represent a juve- 11 nile, parent, guardian, or custodian, the court may require in an 12 order entered under this section that the juvenile, parent, 13 guardian, or custodian reimburse the court for attorney fees. 14 (6) The office of the state court administrator, under the 15 supervision and direction of the supreme court and in consulta- 16 tion with the family independence agency and the Michigan probate 17 judges association, shall create guidelines and a model schedule 18 that may be used by the court in determining the ability of the 19 juvenile, parent, guardian, or custodian to pay for care and any 20 costs of service ordered under subsection (2) or (3). The guide- 21 lines and model schedule shall take into account both the income 22 and resources of the juvenile, parent, guardian, or custodian. 23 (7) If the court finds that a juvenile comes under section 24 30 of this chapter, the court shall order the juvenile or the 25 juvenile's parent to pay restitution as provided in sections 30 26 and 31 of this chapter and in sections 44 and 45 of the crime 27 victim's rights act,Act No. 87 of the Public Acts of 1985,03720'97 11 1being sections 780.794 and 780.795 of the Michigan Compiled Laws2 1985 PA 87, MCL 780.794 AND 780.795. 3 (8) If the court imposes restitution as a condition of pro- 4 bation, the court shall require the juvenile to do either of the 5 following as an additional condition of probation: 6 (a) Engage in community service or, with the victim's con- 7 sent, perform services for the victim. 8 (b) Seek and maintain paid employment and pay restitution to 9 the victim from the earnings of that employment. 10 (9) If the court finds that the juvenile is in intentional 11 default of the payment of restitution, a court may, as provided 12 in section 31 of this chapter, revoke or alter the terms and con- 13 ditions of probation for nonpayment of restitution. If a juve- 14 nile who is ordered to engage in community service intentionally 15 refuses to perform the required community service, the court may 16 revoke or alter the terms and conditions of probation. 17 (10) For the purposes of this subsection and 18 subsection (11), "juvenile offense" means that term as defined in 19 section 1a ofAct No. 289 of the Public Acts of 1925, being sec-20tion 28.241a of the Michigan Compiled Laws1925 PA 289, MCL 21 28.241A. The court shall not enter an order of disposition for a 22 juvenile offense until the court has examined the court file and 23 has determined that the juvenile's fingerprints have been taken 24 as required by section 3 ofAct No. 289 of the Public Acts of251925, being section 28.243 of the Michigan Compiled Laws1925 PA 26 289, MCL 28.243. If a juvenile has not had his or her 27 fingerprints taken, the court shall do either of the following: 03720'97 12 1 (a) Order the juvenile to submit himself or herself to the 2 police agency that arrested or obtained the warrant for the 3 arrest of the juvenile so the juvenile's fingerprints can be 4 taken. 5 (b) Order the juvenile committed to the custody of the sher- 6 iff for the taking of the juvenile's fingerprints. 7 (11) Upon disposition or dismissal of a juvenile offense, 8 the clerk of the court entering the disposition or dismissal 9 shall immediately advise the department of state police of the 10 disposition or dismissal on forms approved by the state court 11 administrator. The report to the department of state police 12 shall include information as to the finding of the judge or jury 13 and a summary of the disposition imposed. 14 (12) If the court enters an order of disposition based on an 15 act that is a juvenile offense as defined in section 1 ofAct16No. 196 of the Public Acts of 1989, being section 780.901 of the17Michigan Compiled Laws1989 PA 196, MCL 780.901, the court shall 18 order the juvenile to pay the assessment as provided in that 19 act. If the court enters a judgment of conviction under 20 section 2d of this chapter for an offense that is a felony, seri- 21 ous misdemeanor, or specified misdemeanor as defined in section 1 22 ofAct No. 196 of the Public Acts of 19891989 PA 196, MCL 23 780.901, the court shall order the juvenile to pay the assessment 24 as provided in that act. 25 (13) If the court has entered an order of disposition for a 26 listed offense as defined in section 2 of the sex offenders 27 registration act,Act No. 295 of the Public Acts of 1994, being03720'97 13 1section 28.722 of the Michigan Compiled Laws1994 PA 295, MCL 2 28.722, the court or the family independence agency shall regis- 3 ter the juvenile or accept the juvenile's registration as pro- 4 vided in the sex offenders registration act,Act No. 295 of the5Public Acts of 1994, being sections 28.721 to 28.732 of the6Michigan Compiled Laws1994 PA 295, MCL 28.721 TO 28.732. 7 (14) If the court enters an order of disposition placing a 8 juvenile in a juvenile boot camp program and the court receives 9 from the family independence agency a report that the juvenile 10 has failed to perform satisfactorily in the program or a report 11 that the juvenile does not meet the program's requirements or is 12 medically unable to participate in the program for more than 25 13 days or a report that there is not an opening in a juvenile boot 14 camp program, the court shall release the juvenile from placement 15 in the juvenile boot camp and enter an alternative order of 16 disposition. A juvenile shall not be placed in a juvenile boot 17 camppursuant toUNDER an order of disposition more than once, 18 except that a juvenile returned to the court for a medical condi- 19 tion or because there was not an opening in a juvenile boot camp 20 program may be placed again in the juvenile boot camp program 21 after the medical condition is corrected or an opening becomes 22 available in a juvenile boot camp program. 23 (15) The court shall not impose a sentence of imprisonment 24 in the county jail under subsection (1)(n) unless the present 25 county jail facility for the imprisonment of the juvenile would 26 meet all requirements under federal law and regulations for 27 housing juveniles, and the court shall not impose the sentence 03720'97 14 1 until it consults with the sheriff to determine when the sentence 2 will begin to ensure that space will be available for the 3 juvenile. 03720'97 Final page. DMS