October 3, 2013, Introduced by Senators ROCCA, HANSEN, ANDERSON, GREGORY, WARREN, JANSEN, PROOS, ROBERTSON, NOFS, JONES, PAPPAGEORGE, SCHUITMAKER, HOPGOOD, ANANICH, MARLEAU, CASPERSON, MOOLENAAR, BRANDENBURG, MEEKHOF, CASWELL, BOOHER, COLBECK, HILDENBRAND, RICHARDVILLE, KAHN and EMMONS and referred to the Committee on Families, Seniors and Human Services.
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, and by adding section 11a to chapter XIIA.
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 over 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 and
subdivision (i), 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).
(C) A violation of section 186a of the Michigan penal code,
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 or a county juvenile agency.
(ii) A high-security facility operated by a private agency
under contract with the family independence agency 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 over 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, criminality, or depravity on the part of a parent,
guardian, nonparent adult, or other custodian, is an unfit place
for the juvenile to live in.
(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.
(c) Jurisdiction over juveniles under 18 years of age,
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 Except as provided
in subdivision (i), found of his
or her own free will and knowledge in a house of prostitution,
assignation, or ill-fame.
(4)
Repeatedly Except as
provided in subdivision (i),
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 who
are 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.
(i) Jurisdiction over proceedings concerning a juvenile under
18 years of age found to be violating section 448, 449, 450, or 451
of the Michigan penal code, 1931 PA 328, MCL 750.448, 750.449,
750.450, and 750.451, or a local ordinance substantially
corresponding to section 448, 449, 450, or 451 of the Michigan
penal code, 1931 PA 328, MCL 750.448, 750.449, 750.450, and
750.451. This subdivision applies to any case filed on or after the
effective date of the amendatory act that added this subdivision
and to cases pending in the circuit court on that effective date.
Any case pending in the circuit court on the effective date of the
amendatory act that added this subdivision shall be transferred to
the probate court for proceedings under this subdivision.
Sec. 11a. If a juvenile is taken into custody for a violation
of section 448, 449, 450, or 451 of the Michigan penal code, 1931
PA 328, MCL 750.448, 750.449, 750.450, and 750.451, or a local
ordinance substantially corresponding to section 448, 449, 450, or
451 of the Michigan penal code, 1931 PA 328, MCL 750.448, 750.449,
750.450, and 750.451, the court shall promptly conduct a hearing to
determine whether there is reasonable cause to believe that the
juvenile committed the violation while being a victim of human
trafficking under chapter LXVIIA of the Michigan penal code, 1931
PA 328, MCL 750.462a to 750.462j. If the court determines that
there is reasonable cause to believe that the juvenile committed
the violation while being a victim of human trafficking under
chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL
750.462a to 750.462j, the court shall refer the juvenile to the
department of human services for care as a victim of human
trafficking and shall inform the juvenile of his or her right to
make a claim as a crime victim under 1989 PA 196, MCL 780.901 to
780.911. Notwithstanding a referral to the department of human
services, the court may continue to exercise jurisdiction over the
juvenile under this chapter.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 585.
(b) Senate Bill No. 587.