HOUSE BILL No. 6078 September 16, 1998, Introduced by Rep. LaForge and referred to the Committee on Human Services and Children. A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to cer- tain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of cir- cuit 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 divi- sion 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; and to provide remedies and penalties," by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 1996 PA 409. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 04442'97 LTB 2 1 CHAPTER XIIA 2 Sec. 2. The court has the following authority and 3 jurisdiction: 4 (a) Exclusive original jurisdiction superior to and regard- 5 less of the jurisdiction of any other court in proceedings con- 6 cerning a juvenile under 17 years of age who is found within the 7 county if 1 or more of the followingappliesAPPLY: 8 (1) Except as otherwise provided in this sub-subdivision, 9 the juvenile has violated any municipal ordinance or law of the 10 state or of the United States. The court has jurisdiction over a 11 juvenile 14 years of age or older who is charged with a specified 12 juvenile violation only if the prosecuting attorney files a peti- 13 tion in the court instead of authorizing a complaint and 14 warrant. As used in this sub-subdivision, "specified juvenile 15 violation" means any of the following: 16 (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 17 349, 520b, 529, 529a, or 531 of the Michigan penal code,Act18No. 328 of the Public Acts of 1931, being sections 750.72,19750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349,20750.520b, 750.529, 750.529a, and 750.531 of the Michigan Compiled21Laws.1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 22 750.316, 750.317, 750.349, 750.520B, 750.529, 750.529A, AND 23 750.531. 24 (B) A violation of section 84 or 110a(2) ofAct No. 328 of25the Public Acts of 1931, being sections 750.84 and 750.110a of26the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 27 MCL 750.84 AND 750.110A, if the juvenile is armed with a 04442'97 3 1 dangerous weapon. As used in this paragraph, "dangerous weapon" 2 means 1 or more of the following: 3 (i) A loaded or unloaded firearm, whether operable or 4 inoperable. 5 (ii) A knife, stabbing instrument, brass knuckles, black- 6 jack, club, or other object specifically designed or customarily 7 carried or possessed for use as a weapon. 8 (iii) An object that is likely to cause death or bodily 9 injury when used as a weapon and that is used as a weapon or car- 10 ried or possessed for use as a weapon. 11 (iv) An object or device that is used or fashioned in a 12 manner to lead a person to believe the object or device is an 13 object or device described in subparagraphs (i) to (iii). 14 (C) A violation of section 186a ofAct No. 328 of the15Public Acts of 1931, being section 750.186a of the Michigan16Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 17 750.186A, regarding escape or attempted escape from a juvenile 18 facility, but only if the juvenile facility from which the indi- 19 vidual escaped or attempted to escape was 1 of the following: 20 (i) A high-security or medium-security facility operated by 21 the family independence agency. 22 (ii) A high-security facility operated by a private agency 23 under contract with the family independence agency. 24 (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of 25 the public health code,Act No. 368 of the Public Acts of 1978,26being sections 333.7401 and 333.7403 of the Michigan Compiled27Laws1978 PA 368, MCL 333.7401 AND 333.7403. 04442'97 4 1 (E) An attempt to commit a violation described in paragraphs 2 (A) to (D). 3 (F) Conspiracy to commit a violation described in paragraphs 4 (A) to (D). 5 (G) Solicitation to commit a violation described in para- 6 graphs (A) to (D). 7 (H) Any lesser included offense of a violation described in 8 paragraphs (A) to (G) if the individual is charged with a viola- 9 tion described in paragraphs (A) to (G). 10 (I) Any other violation arising out of the same transaction 11 as a violation described in paragraphs (A) to (G) if the individ- 12 ual is charged with a violation described in paragraphs (A) to 13 (G). 14 (2) The juvenile has deserted his or her home without suffi- 15 cient cause and the court finds on the record that the juvenile 16 has been placed or refused alternative placement or the juvenile 17 and the juvenile's parent, guardian, or custodian have exhausted 18 or refused family counseling. 19 (3) The juvenile is repeatedly disobedient to the reasonable 20 and lawful commands of his or her parents, guardian, or custodian 21 and the court finds on the record by clear and convincing evi- 22 dence that court-accessed services are necessary. 23 (4) The juvenile willfully and repeatedly absents himself or 24 herself from school or other learning program intended to meet 25 the juvenile's educational needs, or repeatedly violates rules 26 and regulations of the school or other learning program, and the 27 court finds on the record that the juvenile, the juvenile's 04442'97 5 1 parent, guardian,orcustodian, OR NONPARENT ADULT, and school 2 officials or learning program personnel have met on the 3 juvenile's educational problems, and educational counseling and 4 alternative agency help have been sought. As used in this 5 sub-subdivision only, "learning program" means an organized edu- 6 cational program that is appropriate, given the age, intelli- 7 gence, ability, and any psychological limitations of a juvenile, 8 in the subject areas of reading, spelling, mathematics, science, 9 history, civics, writing, and English grammar. 10 (b) Jurisdiction in proceedings concerning any juvenile 11 under 18 years of age found within the county: 12 (1) Whose parent or other person legally responsible for the 13 care and maintenance of the juvenile, when able to do so, 14 neglects or refuses to provide proper or necessary support, edu- 15 cation, medical, surgical, or other care necessary for his or her 16 health or morals, who is subject to a substantial risk of harm to 17 his or her mental well-being, who is abandoned by his or her par- 18 ents, guardian, or other custodian, or who is without proper cus- 19 tody or guardianship. As used in this sub-subdivision: 20 (A) "Education" means learning based on an organized educa- 21 tional program that is appropriate, given the age, intelligence, 22 ability, and any psychological limitations of a juvenile, in the 23 subject areas of reading, spelling, mathematics, science, histo- 24 ry, civics, writing, and English grammar. 25 (B) "Without proper custody or guardianship" does not mean a 26 parent has placed the juvenile with another person who is legally 27 responsible for the care and maintenance of the juvenile and who 04442'97 6 1 is able to and does provide the juvenile with proper care and 2 maintenance. 3 (2) Whose home or environment, by reason of neglect, cruel- 4 ty, drunkenness, criminality, or depravity on the part of a 5 parent, guardian, NONPARENT ADULT, or other custodian, is an 6 unfit place for the juvenile to live in. 7 (3) Whose parent has substantially failed, without good 8 cause, to comply with a limited guardianship placement plan 9 described in section 424a of the revised probate code,Act10No. 642 of the Public Acts of 1978, being section 700.424a of the11Michigan Compiled Laws1978 PA 642, MCL 700.424A, regarding the 12 juvenile. 13 (4) Whose parent has substantially failed, without good 14 cause, to comply with a court-structured plan described in 15 section 424b or 424c of the revised probate code,Act No. 642 of16the Public Acts of 1978, being sections 700.424b and 700.424c of17the Michigan Compiled Laws1978 PA 642, MCL 700.424B AND 18 700.424C, regarding the juvenile. 19 (5) If the juvenile has a guardian under the revised probate 20 code,Act No. 642 of the Public Acts of 1978, being sections21700.1 to 700.993 of the Michigan Compiled Laws1978 PA 642, MCL 22 700.1 TO 700.993, and the juvenile's parent meets both of the 23 following criteria: 24 (A) The parent, having the ability to support or assist in 25 supporting the juvenile, has failed or neglected, without good 26 cause, to provide regular and substantial support for the 27 juvenile for a period of 2 years or more before the filing of the 04442'97 7 1 petition or, if a support order has been entered, has failed to 2 substantially comply with the order for a period of 2 years or 3 more before the filing of the petition. 4 (B) The parent, having the ability to visit, contact, or 5 communicate with the juvenile, has regularly and substantially 6 failed or neglected, without good cause, to do so for a period of 7 2 years or more before the filing of the petition. 8 If a petition is filed in the court alleging that a juvenile 9 is within the provisions of subdivision (b)(1), (2), (3), (4), or 10 (5), and the custody of that juvenile is subject to the prior or 11 continuing order of another court of record of this state, the 12 manner of notice to the other court of record and the authority 13 of the court to proceed is governed by rule of the supreme 14 court. 15 (c) Jurisdiction over juveniles under 18 years of age, 16 jurisdiction of whom has been waived to the family division of 17 circuit court by a circuit court pursuant to a provision in a 18 temporary order for custody of juveniles based upon a complaint 19 for divorce or upon a motion pursuant to a complaint for divorce 20 by the prosecuting attorney, in a divorce judgment dissolving a 21 marriage between the parents of the juveniles, or by an amended 22 judgment relative to the custody of the juvenile in a divorce. 23 (d) If the court finds on the record that voluntary services 24 have been exhausted or refused, concurrent jurisdiction in pro- 25 ceedings concerning any juvenile between the ages of 17 and 18 26 found within the county: 04442'97 8 1 (1) Who is repeatedly addicted to the use of drugs or the 2 intemperate use of alcoholic liquors. 3 (2) Who repeatedly associates with criminal, dissolute, or 4 disorderly persons. 5 (3) Who is found of his or her own free will and knowledge 6 in a house of prostitution, assignation, or ill-fame. 7 (4) Who repeatedly associates with thieves, prostitutes, 8 pimps, or procurers. 9 (5) Who is willfully disobedient to the reasonable and 10 lawful commands of his or her parents, guardian, or other custo- 11 dian and is in danger of becoming morally depraved. 12 If any juvenile is brought before the family division of 13 circuit court in a county other than that in which the juvenile 14 resides, the court may, before a hearing and with the consent of 15 the judge of the family division of circuit court in the county 16 of residence, enter an order transferring the jurisdiction of the 17 matter to the court of the county of residence. The order is not 18 a legal settlement as defined in section 55 of the social welfare 19 act,Act No. 280 of the Public Acts of 1939, being section20400.55 of the Michigan Compiled Laws1939 PA 280, MCL 400.55. 21 The order, together with a certified copy of the proceedings in 22 the transferring court, shall be delivered to the court of the 23 county or circuit of residence. A case designated as a case in 24 which the juvenile shall be tried in the same manner as an adult 25 under section 2d of this chapter may be transferred for venue or 26 for juvenile disposition, but shall not be transferred on grounds 27 of residency. If the case is not transferred, the case shall be 04442'97 9 1 tried by the the family division of circuit court having 2 jurisdiction of the offense. 3 (e) Authority to establish or assist in developing a program 4 or programs within the county to prevent delinquency and provide 5 services to act upon reports submitted to the court related to 6 the behavior of juveniles who do not require formal court juris- 7 diction but otherwise fall within subdivision (a). These serv- 8 ices shall be used only if they are voluntarily accepted by the 9 juvenile and his or her parents, guardian, or custodian. 10 (f) If the court operates a detention home for juveniles 11 within the court's jurisdiction under subdivision (a)(1), author- 12 ity to place a juvenile within that home pending trial if the 13 juvenile is within the circuit court's jurisdiction under section 14 606 of the revised judicature act of 1961,Act No. 236 of the15Public Acts of 1961, being section 600.606 of the Michigan16Compiled Laws, or within the recorder's court of the city of17Detroit's jurisdiction under section 10a(1)(c) of Act No. 369 of18the Public Acts of 1919, being section 725.10a of the Michigan19Compiled Laws, and if the circuit court or the recorder's court20of the city of Detroit orders the family division of circuit21court in the same county to place the juvenile in that home1961 22 PA 236, MCL 600.606. The family division of circuit court shall 23 comply with that order. 24 (g) Authority to place a juvenile in a county jail under 25 section 27a of chapter IV of the code of criminal procedure,Act26No. 175 of the Public Acts of 1927, being section 764.27a of the27Michigan Compiled Laws1927 PA 175, MCL 764.27A, if the case is 04442'97 10 1 designated by the court under section 2d of this chapter as a 2 case in which the juvenile is to be tried in the same manner as 3 an adult, and the court has determined that there is probable 4 cause to believe that the offense was committed and that there is 5 probable cause to believe the juvenile committed that offense. 6 (H) AS USED IN THIS SECTION, "NONPARENT ADULT" MEANS A 7 PERSON WHO MEETS ALL OF THE FOLLOWING CRITERIA: 8 (i) IS 18 YEARS OF AGE OR OLDER. 9 (ii) HAS SUBSTANTIAL AND REGULAR CONTACT WITH THE CHILD 10 UNDER THE JURISDICTION OF THE COURT PURSUANT TO THIS CHAPTER. 11 (iii) IS NOT THAT CHILD'S PARENT OR SOMEONE WHO ACTS IN LOCO 12 PARENTIS TO THE CHILD UNDER THE JURISDICTION OF THE COURT PURSU- 13 ANT TO THIS CHAPTER. 14 (iv) IS NOT RELATED TO THE CHILD UNDER THE JURISDICTION OF 15 THE COURT PURSUANT TO THIS CHAPTER BY BLOOD OR AFFINITY TO THE 16 FOURTH DEGREE. 04442'97 Final page. 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