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tuesday, december 06, 2022
SCAO SEPTEMBER/OCTOBER JUVENILE AND PROBATE UPDATE
SCAO Memo re: Central Registry Requests (MCL 722.627j) - October 26, 2022 SCAO Memo re: MCL 769.1k(1)(b)(iii) Sunset Extension - October 11, 2022 Chief Justice McCormack to Retire from Michigan Supreme Court Judicial Council Releases Historic Roadmap for Michigan Judiciary ? Michigan Judicial Council 2022-2025 Strategic Agenda ? Michigan Judicial Council 2022-2023 Operational Plan Michigan Adoption Day Celebration ? November 22, 2022 at 10am. Location: Michigan Hall of Justice. SCAO Memo – New Rules Regarding Remote Proceedings (August 11, 2022) ? Visit the Virtual Courtrooms website for new resources here. ? Video Tutorial: Navigating Popular Resources for Judges and Court Staff ? MJI Benchbooks ? Quick Reference Resources Michigan Judicial Institute (MJI) ? MJI Impact summarizes recent court communications, court rules, legislation, and upcoming training events. ? Subscribe to MJI Impact below: https://www.courts.michigan.gov/administration/offices/michigan-judicial-institute/subscribe-to-impact/ Enacted Legislation Probate: 2022 PA 214 – Mental health transport for involuntary psych hospitalization (HB 4414’21) Effective Date: 10/14/2022 Statute Cite: MCL 330.1100d et seq. What it does: would add a new section to the Mental Health Code to allow a county board of commissioners to establish a county mental health transportation panel for the purpose of establishing a transportation mechanism to serve as an alternative to a peace officer transporting an individual when required under the code. The bills also would create the Mental Health Transportation Fund and revise several provisions that now provide for transport of individuals only by a peace officer to apply also to a security transport officer. Juvenile: 2022 PA 211 - Child Placement Preference (SB 1166) SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 2 | P a g e Effective Date: 10/07/2022 Statute Cite: MCL 722.954a What it does: Amends the Foster Care and Adoption Services Act to require a child placement preference to be given to an adult related to the child within the fifth degree, unless there is good cause shown to make an exception to that preference or unless the preference conflicts with applicable placement preferences in the Michigan Indian Preservation Act. 2022 PA 210 - Revise Definition of Relative (HB 6075) Effective Date: 10/7/2022 Statute Cite: MCL 722.872 What it does: Amends the Guardianship Assistance Act to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant. 2022 PA 209 - Revise Definition of Relative (HB 6074) Effective Date: 10/7/2022 Statute Cite: MCL 710.22 and 712A.18 What it does: Amends the Adoption Code and Juvenile Code to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant. 2022 PA 208 - Revise Definition of Relative (HB 6073) Effective Date: 10/7/2022 Statute Cite: MCL 722.111 What it does: Amends the Child Care Licensing Act to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant. 2022 PA 201 - Trauma-Informed Required Training for Lawyer-Guardian Ad Litem (HB 5975) Effective Date: 10/7/2022 Statute Cite: MCL 712A.17d What it does: Amends the Juvenile Code, MCL 712A.1 et seq., to include participation in trauma-informed training in a lawyer-guardian ad litem’s duties, if provided by the State Court Administrative Office. 2022 PA 200 - Revise Definition of Relative for Purposes of Placement (HB 5974) Effective Date: 10/7/2022 Statute Cite: MCL 712A.13a What it does: Amends the Juvenile Code to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant. 2022 PA 72 - Administrative Review for Licensure of Certain Persons (Listed Prior to Effective Date)(HB 5594) Effective Date: 11/01/2022 Statute Cite: MCL 722.621-722.638 SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 3 | P a g e What it does: Amends the Child Protection Law to allow an individual listed on the central registry before the effective date of the bill to submit a request to DHHS for administrative review for the expungement of his/her name from the statewide electronic case management system. 2022 PA 71 - Administrative Review for Certain Persons (Listed After the Effective Date) (HB 5534) Effective Date: 11/01/2022 Statute Cite: MCL 722.119 What it does: Amends the Child Care Licensing Act to allow a former applicant or former licensee to request an administrative review if both of the following are true: • The license for a childcare organization was denied, revoked, or refused renewal due to the person’s placement on the statewide electronic central registry originally maintained before the effective date of the bill creating the system under the Child Protection Law. • The person’s placement on the original central registry was subsequently expunged from the case management system as a central registry case after the effective date of the bill creating the system under the Child Protection Law 2022 PA 70 - Child Care Licensing Act - Definitions (HB 5280) Effective Date: 11/01/2022 Statute Cite: MCL 722.111 What it does: Amends the childcare licensing act to define severe physical injury, for the purpose of the act, to mean serious physical harm as defined by section 136b of the Michigan Penal Code. 2022 PA 69 - Updates to Citations of Child Protection Law (HB 5279) Effective Date: 11/01/2022 Statute Cite: MCL 722.120 What it does: Amends the childcare licensing act to update a citation to the Child Protection Law to reflect renumbering of provisions. 2022 PA 68 - Release of Information Regarding Child Abuse or Child Neglect Claims (HB 5278) Effective Date: 11/01/2022 Statute Cite: MCL 722.627 What it does: Amends the Child Protection Law to modify the list of entities to include child caring institutions licensed under the childcare licensing act to the list of those entities to which certain confidential information regarding child abuse or child neglect claims may be made available to. 2022 PA 67 - Central Registry Definition Modifications (HB 5277'21) Effective Date: 11/01/2022 Statute Cite: MCL 722.622 What it does: Amends the Child Protection Law to amend and add definitions for certain child abuse or child neglect claims that require listing in the central registry. 2022 PA 66 - Identification of Child Abuse and Child Neglect Claims that Require Central Registry Listing (HB 5276) Effective Date: 11/01/2022 Statute Cite: MCL 722.625 et seq. What it does: Amends the Child Protection Law to amend certain responses DHHS must make to certain categories of cases after field investigation under the act. Provides for the identification of certain child SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 4 | P a g e abuse and child neglect claims that require listing in the central registry. Changes references to “substantiated” or “unsubstantiated” reports of child abuse or child neglect to reports that “confirmed” or “unconfirmed”. Further, change references to “serious physical injury” of a child to “serious physical harm”. And provides for “Wyatt’s Law” which concerns the release of specified information under certain circumstances. 2022 PA 65 - Modify Procedure to Amend or Expunge Inaccurate Reports of Child Abuse or Child Neglect (HB 5274'21) Effective Date: 11/01/2022 Statute Cite: MCL 722.628 What it does: Amends the Child Protection Law to require DHHS to enter each report made under the act that is the result of a field investigation into an electronic management system (not a CPSI system). In addition to classifying an allegation by category, would require DHHS to determine whether the child abuse or child neglect could be classified as a central registry case. Further, it modifies the procedure to amend or expunge inaccurate reports of child abuse or child neglect. 2022 PA 64 - Statewide Electronic Case Management System for Child Abuse and Child Neglect Cases (HB 5275'21) Effective Date: 11/01/2022 Statute Cite: MCL 722.627j What it does: Amends the Child Protection Law to require DHHS to maintain a statewide electronic case management system to carry out the intent of the act. Also requires DHHS to classify a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation as a central registry case. Further, outlines requirements for DHHS to notify in writing for each person who is named in the record as a perpetrator of the confirmed cases listed above Pending Legislation Juvenile: HB 6363 - Communication Services Statute Cite: Creates new act. Tie Bar With: None Status: Introduced on 09/07/2022 and Referred to Comte on Judiciary What it does: Creates a new act to provide for and prohibit a commission or surcharge on communication services made or received by prisoners, inmates, or juveniles. HB 6447 - Prohibit Use of BB Gun By Unaccompanied Minors Statute Cite: Creates new act. Tie Bar With: None Status: Introduced on 10/11/2022 and Referred to Comte on Military, Veterans, and Homeland Security. What it does: Creates a new act to prohibit unaccompanied minors from using or possessing certain BB guns outside of their property. Probate: SB 1172’22 – Mental Health: Code; Law enforcement: peace officers. Also, HB 6398 Statute Cite: MCL 330.1100c Status: Introduced on 9/20/22 and referred to committee on health policy and human services. What it does: This bill would amend the definition of a peace officer in the mental health code. SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 5 | P a g e HB 6355'22 - Hospitals; Mental health Statute Cite: MCL 330.1409 and 330.1972 Tie Bar With: None Status: Introduced on 8/17/2022 and referred to committee on Committee on Health Policy. What it does: This bill amends secs. 409 & 972 of 1974 PA258 (MCL 330.1409 & 330.1972) and requires that: • A psychological evaluation must take place in a hospital emergency room no longer than a certain period of time due to a mental health episode. • If the preadmission screening unit is unable to complete the assessment, the statute provides who may perform the assessment on behalf of the hospital. HB 6399’22 – Criminal Procedure: mental capacity; Mental health; other. Statute Cite: MCL 330.1461 Tie Bar with: None Status: Introduced on 9/22/2022 and referred to committee on Health Policy What it does: It provides for outpatient treatment for misdemeanor offenders with mental health issues. HB 6437’22 – Criminal procedure: mental capacity; Criminal Procedure: pretrial procedure: sentencing; Mental health: other Statute Cite: MCL 760.1-777.69 Tie Bar With: None Status: Introduced on 10/11/2022 and referred to committee on Judiciary What it does: It allows psychological evaluations for defendants to be ordered by judges. SB 1148'22 - Powers of attorney; Law: uniform or model acts. Statute Cite: MCL 700.5501-700.5505 Tie Bar With: None Status: Introduced on 9/7/2022 and referred to committee on Judiciary and Public Safety. What it does: This bill would create a new act & repeals secs. 5501 – 5505 SB 1149'22 - Powers of attorney; reference to power of attorney in public health code. Statute Cite: MCL 333.10121 and MCL 333.10301 Tie Bar With: SB 1148’22 Status: Introduced on 9/7/2022 and referred to committee on Judiciary and Public Safety. What it does: This bill amends secs. 10121 & 10301 of 1978 PA 368 (MCL 333.10121 & 333.10301) to reflect the adoption of the uniform power of attorney act. SB 1150'22 - Powers of attorney; natural resources and environmental protection act. Statute Cite: MCL 324.20101b Tie Bar With: None Status: Introduced on 9/7/2022 and referred to committee on Judiciary and Public Safety. What it does: This bill amends sec. 20101b of 1994 PA 451 (MCL 324.20101b) to reflect adoption of uniform power of attorney act. SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 6 | P a g e Proposed Court Rules Visit New Page for Proposed Court Rules here. Juvenile Issued: 10/26/2022 Comment Period: 02/01/2023 • Would establish a procedure for assessing whether a respondent in a termination of parental rights case was denied the effective assistance of appellate counsel, and if so, provide relief.
Adopted Court Rules/Administrative Orders ADM File No. 2022-06 Amendment of MCR 3.101 Writs of Garnishment Issued: 10/26/2022 Effective: 01/01/2023 • Allows writs of garnishment to be served electronically on the Department of Treasury, subject to current e-filing requirements and guidelines established by the Department of Treasury. ADM File No. 2021-18 Amendment of MCR 3.943 Definition of "Firearm" in Juvenile Proceedings Issued: 09/21/2022 Effective: 01/01/2023 • Amends MCR 3.943 to update the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g. • The term “firearm” includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. ADM File No. 2020-33 Amendment of MCR 3.903 Definition of "Party" in Child Protective Proceedings Issued: 09/21/2022 Effective: 01/01/2023 • Amendment of MCR 3.903 clarifies the definition of a “party” in child protective proceedings. • The term “party” includes: o Delinquency proceeding: the petitioner and juvenile o Protective proceeding: ? the petitioner, child, and respondent ? the parent, guardian, or legal custodian ADM File No. 2002-37 Amendment of MCR 1.109 - Electronic Filing Issued and Effective: 09/14/2022 (Concurrently posted for comment) • Amended MCR 1.109 to provide the State Court Administrative Office “the flexibility to determine, when appropriate, when certain documents filed on paper do not need to be imported into the MiFile document management system until bulk e-filing capability is available.” SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 7 | P a g e ADM File No. 2014-24: Rescission of Administrative Order No. 2015-1 Summary Jury Trial Pilot Project Issued: 9/14/22 Effective: 9/16/22 • Rescinds Administrative Order No. 2015-1 Summary Jury Trial Pilot Project. Forms List of Upcoming Form Changes to be Distributed in December 2022 (Amended October 24, 2022) Probate: Notice of Revisions to MC 505, Contact Information (September 6, 2022) A reference to MCR 2.407(D) was added to the form pursuant to ADM 2020-08. Upcoming Trainings MJI Training Opportunities Court Support Staff Certification Training November 15, 2022 9:30 a.m. – 3:30 pm. November 16, 2022 9:30 a.m. – 3:30 p.m. Michigan Hall of Justice, Lansing, MI The Michigan Judicial Institute (MJI) is pleased to announce training for court support staff certification. This training is intended for newer staff. This is a voluntary certification process for newer court and county clerk support staff developed in collaboration with representatives from various court administrator associations and county clerks throughout our state. The purpose of court support staff certification is to assure that front-line clerks, deputy clerks, clerks/typists, receptionists, and other support staff have the knowledge and specialized skills necessary to perform their jobs with a high degree of competence. There are four core modules. Each is approximately two and one-half hours in length. • Purpose and Responsibilities of Courts • Professionalism and Ethics • Records, Policy, and Procedures • Customer Service Child Welfare Services Training and Development Opportunities Child Welfare Services Recorded Web-based Meet-ups This link provides access to previously recorded webinars. Probate Court Staff Video Series In this three-part video series, NCSC provides information and tools for probate court staff that wish to implement more rigorous conservatorship and guardianship monitoring National Center for State Courts (NCSC) Webinars This link provides access to current webinars and recorded webinars offered by NCSC. • Reimaging Restitution for Youth - Updated Approaches (Webinar) November 10, 2022 2:00 p.m. – 3:00 p.m. SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 8 | P a g e Ordering restitution has long been a default response to youth harm involving a victim. But new research from Juvenile Law Center shows restitution in juvenile courts is not working for victims, youth, families, or communities. Report co-authors and advocates from the Debt Free Justice National Campaign will share this research as well as promising new approaches to restoration from courts and communities across the country. Interstate Commission for Juveniles ICJ On-Demand Training Site ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes. Cases Juvenile Cases: In re T.S. Halliburton, Jr., Minor (COA No. 358077 Published - September 29, 2022 Probation – Time Served and Jail Credit “A juvenile does not satisfy the condition of ‘time served on probation’ for purposes of jail credit during the period of time when that juvenile willfully absconded from probation,” because “‘[t]ime served on probation’ means actually serving the sentence of probation, including complying with the requirements of where that probation must be served.” In re Halliburton, ___ Mich App ___, ___ (2022). “While a juvenile might violate a minor or technical term or condition of probation and still successfully earn jail credit,” “when a juvenile willfully absconds from probation, the probation period is effectively tolled, and during that time of willful absconsion, the juvenile is not serving the probation and has earned no credit for ‘time served’ under the applicable statutes and court rules.” Id. at ___. In this case, the juvenile respondent pleaded guilty to second-degree home invasion and received a blended sentence; however, “[r]espondent repeatedly violated the terms and conditions of the probation, including absconding for five months.” Id. at ___. Accordingly, “the trial court correctly concluded that respondent was not entitled to credit for the time of willful absconsion.” Id. at ___ (further finding that the respondent’s time at a residential treatment center and on a tether qualified as “time served on probation,” and that the trial court erred in holding otherwise). In re TEM, Minor (COA No. 359529 Unpublished - September 1, 2022) Adoption – Michigan Children’s Institute (MCI) Superintendent’s Decision to Withhold Consent “Pursuant to MCL 710.45, a family court’s review of the superintendent’s decision to withhold consent to adopt a state ward is limited to determining whether the adoption petitioner has established clear and convincing evidence that the MCI superintendent’s withholding of consent was arbitrary and capricious.” In re TEM, ___ Mich App ___, ___ (2022) (quotation marks and citation omitted). In this case, petitioners initially sought to adopt the minor child and his sibling after serving as their foster parents, but ultimately withdrew their petition to adopt the sibling; however, the children’s grandmother was willing to adopt both children. Id. at ___. After “[t]he MCI Superintendent denied petitioners’ request to adopt [the minor child], concluding that it was not in the children’s best interests to be separated from each other,” “[p]etitioners filed a Section 45 motion in the trial court, arguing that the MCI Superintendent’s decision was arbitrary and capricious and that the statutory consent-to-adopt process was void for vagueness because it did not provide sufficient standards for the MCI Superintendent to follow.” Id. at ___. As to petitioners’ argument that the MCI Superintendent’s decision was arbitrary and capricious, the trial court correctly determined “that there was good reason to support the MCI Superintendent’s decision” because it was “supported by thoughtful analysis and adequate investigation.” Id. at ___. “The MCI Superintendent thoroughly evaluated SCAO MONTHLY JUVENILE AND PROBATE UPDATE SEPTEMBER/OCTOBER 2022 9 | P a g e four factors, and she determined that, apart from one factor, petitioners and the grandmother were equal.” Id. at ___. “The only factor in which there was a difference was a factor that the MCI Superintendent and Michigan policy place a great deal of emphasis on: keeping siblings together.” Id. at ___. As to petitioners’ contention that the Adoption Code and statutes governing the MCI Superintendent do not provide “adequate guidance or standards when making a consent-to-adopt decision,” “petitioners have failed to overcome their burden of proving vagueness.” Id. at ___. “By reading the Adoption Code in tandem with those statutes that govern the MCI Superintendent’s actions, they are easily harmonized and dispense with petitioners’ arguments.” Id. at ___. Probate Cases: Findling v. Auto-Owners Ins. Co (In re Guardianship of Malloy) COA no 358006, 358021 – October 13, 2022 Attorney who was appointed to be guardian of individuals who suffered traumatic brain injuries from motor vehicle accidents, attorney's firm, and coguardians brought action against each ward's no-fault insurer, requesting that insurer pay attorney, or his firm fees and costs associated with the care, recovery, and rehabilitation of wards. Issue whether the plaintiff delegated the performance of duties, not powers, to other individuals at his firm to assist in the care of the ward. Court found that plaintiff did not violate MCL 700.5103. However, court agreed with defendants that a genuine issue of material fact exists regarding whether plaintiff violated MCL 700.5103 by delegating tasks that altered the “rights, duties, liabilities, or other legal relations” when he delegated to staff at his firm the task of preparing for and attending a hearing to modify guardianship. Because of this, a genuine issue of material fact also exists as to whether these services were “lawfully rendered” and whether these services are compensable under the no-fault act. Court affirmed in part, reversed in part, and remanded. Killian v TCF Nat’l Bank COA No 358761 – October 20, 2022 Under MCL 700.7905, a beneficiary cannot commence a proceeding for claims for a breach of trust that the beneficiary knew of or should have inquired into at that time. The probate court properly held that plaintiffs were barred from bringing an action in November 2019 related to defendant’s actions between April 2010 and November 2013, because plaintiffs had received notice of the one-year limitation period in a November 2013 report and should have inquired into the existence of their potential claims for breach of trust at that time. [0 Comments] [Read & Post Comments] tuesday, december 06, 2022
***2023 MID-WINTER CONFERENCE HOTEL REGISTRATION LINK (*Conference rate room registration extended to February 15, 2023.)
2023 MID-WINTER CONFERENCE HOTEL REGISTRATION LINK 2023 MID-WINTER HOTEL REGISTRATION LINK [0 Comments] [Read & Post Comments] friday, september 23, 2022
SCAO MONTHLY JUVENILE UPDATE SEPTEMBER 2022
Memorandums and Resources
Chief Justice McCormack to Retire from Michigan Supreme Court
Judicial Council Releases Historic Roadmap for Michigan Judiciary ? Michigan Judicial Council 2022-2025 Strategic Agenda ? Michigan Judicial Council 2022-2023 Operational Plan
Michigan Adoption Day Celebration ? November 22, 2022 at 10am. Location: Michigan Hall of Justice.
SCAO Memo – New Rules Regarding Remote Proceedings (August 11, 2022) ? Visit the Virtual Courtrooms website for new resources here.
Michigan Judicial Council rolled out the MJC Strategic Agenda and also the MJC Operational Plan.
Michigan's Juvenile Justice Reform Task Force (website) ? Michigan Task Force on Juvenile Justice Reform Final Report (July 22, 2022)
Pending Legislation Juvenile: HB 6347 - Reinstatement of Parental Rights Statute Cite: MCL 710.21 – 712B.41 Tie Bar With: None Status: Introduced on 08/17/2022 and referred to Comte on Judiciary. What it does: This bill would amend the Probate Code of 1939 by adding section 21a which would create a process to allow the reinstatement of terminated parental rights. Upcoming Trainings MJI Training Opportunities Working with Parents Who Are Incarcerated in State Prison, Parts II and III ) (Webinar) September 22, 2022 9am-11am This panel presentation will continue the discussion initiated at the August 11, 2022 Working with Parents Who are Incarcerated in State Prison webinar and will feature insight from Michigan Department of Corrections (MDOC) staff. To gain the most from these sessions, attendees should first view the August 11, 2022 recording as concepts will be expanded upon in Parts II and III. This is a two-hour session - attendees are not required to attend both sessions. Part II: The first hour will focus on Title IV-D child support implications. Attendees present at this time will be eligible for Office of Child Support IV-D training credit. Presenters will focus on information relevant to locate functions, remote court appearances, and in-prison and post-release programming, and services impacting a parent’s ability to earn income. Part III: After a short break, the second hour will focus on custody and parenting time implications of current or past incarceration. Presenters will review prisoner communication and visitation options, as well as benefits and concerns for children communicating with an incarcerated parent, as covered in the 2021 Michigan Parenting Time Guideline. Presenters will also discuss facts related to a parent’s incarceration and consideration of these when conducting a custody or parenting time investigation. Family Division Referee Seminar October 19-20, 2022, 9am-3:30pm Michigan Hall of Justice, Lansing, MI The Michigan Judicial Institute (MJI) is pleased to announce a seminar for family division referees. Participation in this seminar is limited to juvenile and domestic relations referees presiding over family division cases. This seminar will only be offered on-site at the Michigan Hall of Justice in Lansing. Presentations will include statutory, court rule, and case law updates, as well as sessions on practical, substantive and procedural issues impacting the conduct of hearings. The juvenile division referee seminar will be held Wednesday, October 19 and the domestic relations referee seminar will be held Thursday, October 20. Referees who are cross-assigned may attend both days. Child Welfare Services Training and Development Opportunities Child Welfare Services Recorded Web-based Meet-ups This link provides access to previously recorded webinars. Probate Court Staff Video Series In this three-part video series, NCSC provides information and tools for probate court staff that wish to implement more rigorous conservatorship and guardianship monitoring National Center for State Courts (NCSC) Webinars This link provides access to current webinars and recorded webinars offered by NCSC. Interstate Commission for Juveniles ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes. [0 Comments] [Read & Post Comments] friday, september 23, 2022
JUNE MONTHLY JUVENILE AND PROBATE UPDATE
SCAO MONTHLY JUVENILE AND PROBATE UPDATE JUNE 2022 1 | P a g e Memorandums and Resources Michigan's Juvenile Justice Reform Task Force (website) ? JJ Reform Task Force Meeting Information Memo re: Friend of the Court Annual Statutory Reviews Due August 5, 2022 Pending Legislation Juvenile: SB 1130'22 0 Electronic Video Recording of Child Interviews Statute Cite: MCL 722.621 to 722.638 Tie Bar With: SB 1129’22 and SB 1128’22 Status: Introduced on 06/30/2022 and referred to Comte on Judiciary and Public Safety. What it does: This bill would amend the Children Protection Law as follows: • By requiring an electronic recording of a child interview in its entirety, absent good cause, when a child is interviewed in an accredited or an accreditable child assessment center.
SB 1129'22 - Videorecorded Statements in Child Protective Proceedings Statute Cite: MCL 712A.17b Tie Bar With: SB 1128’22 and SB 1130’22 Status: Introduced on 06/30/2022 and referred to Comte on Judiciary and Public Safety. What it does: This bill would amend the Probate Code of 1939 as follows: • Allow videorecorded statements to be used in child protective services hearings; • Increase fines for improper release of videorecorded statements; and • Require videorecorded statements to be retained for a certain period of time.
SB 1127'22 - Enhanced Reporting Requirements for Mandated Reporters Statute Cite: MCL 722.622 Tie Bar With: None Status: Introduced on 06/30/2022 and referred to Comte on Judiciary and Public Safety. What it does: This bill would amend the Child Protection Law by enhancing the reporting requirements for mandated reporters.
HB 6292'22 - Electronic Video Recording of Child Interviews Statute Cite: MCL 722.621 to 722.638 Tie Bar With: HB 6290’22, SB 1129’22, 6291’22, and SB 1128’22 Status: Introduced, read a first time, and referred to Comte on Judiciary. What it does: This bill would amend the Child Protection Law as follows: • By requiring an electronic recording of a child interview in its entirety, absent good cause, when a child is interviewed in an accredited or an accreditable child assessment center.
HB 6290'22 - Videorecorded Statements in Child Protective Proceedings Statute Cite: MCL 712A.17b Tie Bar With: HB 6291’22, HB 6292’22, and SB 1130’22 Status: Introduced on 06/30/2022, read a first time, and referred to Comte on Judiciary. What it does: This bill would amend the Probate Code of 1939 as follows:
Upcoming Trainings MJI Training Opportunities Drug Court Networking Forum (Virtual) July 13, 2022 9:00 a.m. – 12:00 p.m. Registration is open until Wednesday, July 6, 2022 The Drug Court Networking Forum is an event open to anyone involved with a drug, sobriety, hybrid, or family dependency treatment court in Michigan. Attendees are given the opportunity to network, share ideas, and discuss topics relevant to these treatment courts. The format will include small- and large-group discussions. This training will be held remotely via Zoom.
How Being Trauma-Informed Improves Criminal Justice Response (Virtual) July 21, 2022 8:00 a.m. – 12:00 p.m. Registration is open until Thursday, July 14, 2022 This training is open to THE CRIMINAL JUSTICE PROFESSIONALS team members in a problem-solving court (drug, sobriety, hybrid, family dependency, juvenile, tribal Healing-to-Wellness, veterans treatment courts, and mental health courts). Attendees will learn what trauma is, how to create an awareness of the impact that trauma has on behavior, and how to develop trauma-informed responses. This is an interactive training tailored for criminal justice professionals to help avoid re-traumatizing individuals, increase safety for all, and decrease recidivism. This training will be held remotely via Zoom.
Friend of the Court Alternative Dispute Resolution Training Webinar (Virtual) August 22, 2022 9:00 a.m. – 3:30 p.m. August 26, 2022 9:00 a.m. – 3:30 p.m. August 29, 2022 9:00 a.m. – 3:30 p.m. MCR 3.224 provides that the State Court Administrative Office will establish training and qualification requirements for persons conducting each type of alternative dispute resolution activity. The Michigan Judicial Institute, in collaboration with the Friend of the Court Bureau, will provide a virtual 20-hour Friend of the Court Alternative Dispute Resolution training. Upon completion, this training will qualify friend of the court staff to conduct facilitative and information-gathering conferences and friend of the court domestic relations mediation. Child Welfare Services Training and Development Opportunities Child Welfare Services Recorded Web-based Meet-ups This link provides access to previously recorded webinars. National Center for State Courts Diverting Youth from the Justice System (Webinar) July 21, 2022 12:00 p.m. – 1:30 p.m. What Juvenile Courts Need to Know to Support Kids in the Post-Pandemic Era: Living through a pandemic has significantly impacted young people, their families and the social structures that support them. Many of the individual and environmental protective factors that reduce the likelihood of juvenile court involvement – including school connectedness and pro-social supports – have been compromised during and because of the pandemic. The long-term impacts for adolescents, as well as our youngest children, are yet to be seen. The field of juvenile justice practice and policy has made great strides in recent years to implement strategies that work to divert low-risk juveniles, effectively identify and address the criminogenic needs of young people and reduce recidivism. Courts need to prepare now to effectively serve young people who have experienced school disconnectedness, social isolation and exacerbated mental health needs. Please join NCSC in a six-part webinar series focused on how juvenile court stakeholders can best support young people in the post-pandemic era across the justice system. Diversion from formal court involvement increases positive outcomes for young people, their families, and communities, and the benefits are boosted with community engagement. Tessa Upin from the Crime and Justice Institute and Rachel Bingham, Director of the Office of Statewide Programs - Kentucky Administrative Office of the Courts, describe statewide efforts to divert youth from the justice system, promote equity and reduce recidivism. Alternatives to Detention (Webinar) July 28, 2022 1:00 p.m. – 2:30 p.m. What Juvenile Courts Need to Know to Support Kids in the Post-Pandemic Era: Living through a pandemic has significantly impacted young people, their families and the social structures that support them. Many of the individual and environmental protective factors that reduce the likelihood of juvenile court involvement – including school connectedness and pro-social supports – have been compromised during and because of the pandemic. The long-term impacts for adolescents, as well as our youngest children, are yet to be seen. The field of juvenile justice practice and policy has made great strides in recent years to implement strategies that work to divert low-risk juveniles, effectively identify and address the criminogenic needs of young people and reduce recidivism. Courts need to prepare now to effectively serve young people who have experienced school disconnectedness, social isolation and exacerbated mental health needs. Please join NCSC in a six-part webinar series focused on how juvenile court stakeholders can best support young people in the post-pandemic era across the justice system. Nate Balis, Director of the Juvenile Justice Strategy Group at the Annie E. Casey Foundation, will describe lessons learned from building better and more equitable youth justice system through the Juvenile Detention Alternative Initiative (JDAI). He is joined by Lisa Gerry, Executive Director of the Office of Equity and Inclusion for Maryland's Department of Juvenile Services, who will tell the story of how Maryland launched and sustained improvement efforts through JDAI. Probate Court Staff Video Series In this three-part video series, NCSC provides information and tools for probate court staff that wish to implement more rigorous conservatorship and guardianship monitoring Interstate Commission for Juveniles ICJ On-Demand Training Site ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes. Cases Juvenile Cases: In re AJR, Minor. (COA No. 258788 June 9, 2022) Child Protective Proceeding – Removal and jurisdiction MCR 3.993(A)(1) “allows a respondent to appeal as of right any order removing a child from a parent’s care and custody.” In re AJR, ___ Mich App ___, ___ (2022) (quotation marks omitted). “Removing” is not defined by the court rule; however, after consulting dictionary definitions, the Court concluded that “a child is removed from a parent’s care and custody when he or she is taken from that parent’s residence and placed in a different residence.” Id. at ___. In this case, “the trial court held that the child would remain in the care of his father, but authorized the Department of Health and Human Services to provide respondent with a full range of unsupervised visitation”; accordingly, the trial court did not enter an order removing the child from a parent’s care and custody because it “did not order that the minor child be placed in a different residence.” Id. at ___ (cleaned up). Further, the “order does not qualify as a final order because it did not dismiss the petition with respect to respondent, and the trial court did not terminate its jurisdiction”; “[r]ather, the order provided for continuance of the matter as to respondent.” Id. at ___ (dismissing the matter for lack of jurisdiction because respondent is not entitled to appeal the order as of right).
[0 Comments] [Read & Post Comments] tuesday, may 10, 2022
SCAO MONTHLY UPDATE FOR APRIL 2022
SCAO MONTHLY JUVENILE UPDATE – APRIL 2022 1 | P a g e Memorandums and Resources Michigan's Juvenile Justice Reform Task Force (website) JJ Reform Task Force Meeting Information Memorandum re: Friend of the Court Annual Statutory Review due August 5, 2022 (April 22, 2022) Updated Trial Court Performance Measures Data (April 28, 2022) Memorandum re: Michigan Reunification Month (April 14, 2022)
Enacted Legislation No new enacted legislation since the last monthly update. Pending Legislation Legislation with Movement in April: HB-5274'21 - Modify Procedure to Amend or Expunge Inaccurate Reports Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.628 What it does: This bill amends section 8 of 1975 PA 238 to do the following: ? Require DHHS to enter each report made under the Child Protection Law Act that is the result of a field investigation into an electronic management system (not a CPSI system). ? In addition to classifying an allegation by category, would require DHHS to determine whether the child abuse or child neglect could be classified as a central registry case. ? Modifies the procedure to amend or expunge inaccurate reports of child abuse or child neglect. HB-5275'21 - Statewide Electronic Case Management System for Child Abuse and Child Neglect Cases Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.627j What it does: This bill amends section of 8 of 1975 PA 238 to do the following: ? Require DHHS to maintain a statewide electronic case management system ? Require DHHS to classify a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation as a central registry case. ? Outline requirements for DHHS to notify in writing for each person who is named in the record as a perpetrator of the confirmed cases listed above HB-5276'21 - Identification of Child Abuse and Child Neglect Claims that Require Central Registry Listing Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.625 et seq. SCAO MONTHLY JUVENILE UPDATE – APRIL 2022 2 | P a g e What it does: This bill amends sections 5, 7d, 7e, 7g, 8b, 8d, & 9a of 1975 PA 238 to do the following: ? Provide for the identification of certain child abuse and child neglect claims that require listing in the central registry. ? Change references to “substantiated” or “unsubstantiated” reports of child abuse or child neglect to reports that “confirmed” or “unconfirmed” ? Change references to “serious physical injury” of a child to “serious physical harm”. ? Provide for “Wyatt’s Law” which concerns the release of specified information under certain circumstances. HB-5277'21 - Central Registry Definition Modifications Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.622 What it does: This bill amends section 2 of 1975 PA 238 to modify definitions for certain child abuse or child neglect claims that require listing in the central registry. HB-5278'21 - Release of Information Regarding Child Abuse of Child Neglect Claims Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.627 What it does: This bill amends section 7 of 1975 PA 238 to modify the list of entities to include child caring institutions licensed under the child care licensing act to the list of those entities to which certain confidential information regarding child abuse or child neglect claims may be made available to. HB-5279'21 - Updates to Citations of Child Protection Law Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.120 What it does: This bill amends section 10 of 1973 PA 116 to update the childcare licensing act to update a citation to reflect renumbering of provisions. HB-5280'21 - Child Care Licensing Act - Definitions Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.111 What it does: This bill amends sec 1 of 1973 PA 116 to define “severe physical injury” for the purpose of the childcare-licensing act. HB-5594'21 - Administrative Review for Licensure of Certain Persons (Listed Prior to Effective Date) Last Action: 04/28/2022 – Presented to the Governor. Statute Cite: MCL 722.621 – 722.638 What it does: This bill amends 1975 PA 238 (MCL 722.621-722.638) by adding section 71 to allow an individual listed on the central registry before the effective date of the bill to submit a request to DHHS for administrative review for the expungement of his/her name from the statewide electronic case management system. Adopted Court Rules/Administrative Orders ADM File O. 2002-37 - Amendment of MCR 1.109 Issued and Adopted with concurrent comment period: 04/13/2022 Comment Period Expiration: 08/01/2022 SCAO MONTHLY JUVENILE UPDATE – APRIL 2022 3 | P a g e ? The amendment of MCR 1.109 provides an e-filing court with the authority to determine the most appropriate means of sending notices and other court-issued documents that are generated from its case management or local document management system. Proposed Court Rules/Administrative Orders ADM File No. 2021-18 - Proposed Amendment of MCR 3.943 Update Definition of 'Firearm" in Juvenile Proceedings Issued: 04/13/2022 Comment Period Expiration: 08/01/2022 ? The proposed amendment of MCR 3.943 would update the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g. ADM File No. 2020-33 - Proposed Amendment of MCR 3.903 Clarify Definition of a Party in Child Protective Proceedings Issued: 04/13/2022 Comment Period Expiration: 08/01/2022 ? The proposed amendment of MCR 3.903 would clarify the definition of a party in child protective proceedings. Case Law Update 04/08/2022 (COA) In re Smith-Taylor, Minors. TERMINATION OF PARENTAL RIGHTS – REASONABLE EFFORTS In lieu of granting leave to appeal, the Michigan Supreme Court reversed In re Smith-Taylor, ___ Mich App ___ (2021), holding that “[t]he Court of Appeals erred by concluding that [petitioner Department of Health and Human Services] was excused from preparing a case service plan for the respondent.” In re Smith-Taylor, ___ Mich ___, ___ (2022). “Reasonable efforts to reunify the child and family must be made in all cases absent aggravated circumstances,” and “must include a service plan outlining the steps that both [the Department] and the parent will take to rectify the issues that led to court involvement and to achieve reunification.” Id. at ___ (quotation marks and citations omitted; alteration in original). In this case, “[i]t is undisputed that the Department failed to create a case service plan for the respondent,” and “the Department joined the respondent-mother in a motion to remand the case to the trial court because the Department concedes that it did not make reasonable efforts to reunite the family as required by statute.” Id. at ___. 04/05/2022 Foster v Foster DIVORCE – COLLATERAL ATTACK OF CONSENT JUDGMENT AND FEDERAL PREEMPTION A party cannot “collaterally attack a provision in [a] consent judgment of divorce . . . on the ground that it conflicts with federal law.” Foster v Foster, ___ Mich ___, ___ (2022). In this case, “the provision of the parties’ consent judgment of divorce that divides defendant’s military retirement and disability benefits is generally enforceable under the doctrine of res judicata even though it is preempted by federal law,” and federal preemption “does not deprive our state courts of subject-matter jurisdiction over a divorce action SCAO MONTHLY JUVENILE UPDATE – APRIL 2022 4 | P a g e involving the division of marital property.” Id. at ___. Accordingly, “defendant’s challenge to enforcement of the provision at issue is an improper collateral attack on a final judgment.” Id. at ___. 04/01/2022 In re BMGZ, Minor. SPECIAL IMMIGRANT JUVENILE STATUS – REQUEST FOR TRIAL COURT FINDINGS RENDERED MOOT In lieu of granting leave to appeal, the Michigan Supreme Court vacated In re BMGZ, ___ Mich App ___, ___ (2021), because “[w]here a case is rendered moot while on appeal, it is appropriate to vacate the decisions of the lower courts.” In re BMGZ, ___ Mich ___, ___ (2022). After the Court of Appeals judgment was entered, “the trial court denied appellant’s petition for stepparent adoption because the proposed adoptee had turned 18, although the denial was without prejudice to filing a petition for an adult adoption”—“[b]ecause the underlying proceedings have been dismissed, this appeal, which challenges the trial court’s interlocutory decision to decline appellant’s request that it make factual findings in support of appellant’s pursuit of Special Immigrant Juvenile status, is moot.” Id. at ___. Forms Tentative List of Form Changes to be Released for June 2022
Upcoming Trainings MJI Training Opportunities Friend of the Court and IV-D Case Closure May 12, 2022 9:00 a.m. – 12:30 p.m. (Virtual) This ninety-minute presentation will review State Court Administrative Office and Office of Child Support policies, current Michigan Compiled Laws, and Federal Regulations. In addition, case closure issues will be discussed, along with possible solutions to address those issues. Juvenile Justice Vision 20/20 June 2022 Conference (In person at Grand Valley State University) June 16, 2022 9:00 a.m. – 3:00 p.m. June 17, 2022 9:00 a.m. – 2:00 p.m. Juvenile Justice Vision 20/20 is proud to announce the first in-person Spring Training Conference since the pandemic, on June 16 & 17 at Grand Valley State University, Loosemore Auditorium, PEW Campus, downtown Grand Rapids! The theme of the conference is “The Post-Pandemic Impact on Juvenile Justice Youth”, and we are seeking CEUs for those interested. We hope you can join us! How Being Trauma-Informed Improves Criminal Justice Response (Virtual Problem Solving Courts Training) July 21, 2022 8:00 a.m. – 12:00 p.m. July 22, 2022 8:00 a.m. – 12:00 p.m. This training is open to all team members in a problem-solving court (drug, sobriety, hybrid, family dependency, juvenile, tribal Healing-to-Wellness, veterans’ treatment courts, and mental health courts). Attendees will learn what trauma is, how to create an awareness of the impact that trauma has on behavior, and how to develop trauma-informed responses. This is an interactive SCAO MONTHLY JUVENILE UPDATE – APRIL 2022 5 | P a g e training tailored for criminal justice professionals to help avoid re-traumatizing individuals, increase safety for all, and decrease recidivism. This training will be held remotely via Zoom. Child Welfare Services Training and Development Opportunities Child Neglect and Physical Abuse: A Day Half-Full May 24, 2022 9:00 a.m. – 12:00 p.m. (Virtual) This half-day training will include two presentations from dynamic expert Dr. Dena Nazer, MD. The first presentation, “Child neglect - it takes a village to neglect a child”, will focus on case scenarios emphasizing that ensuring the child's rights is a responsibility of all of us. The second presentation, “Child Physical Abuse: Bruise, Burns, and Broken Bones", will provide a case-based presentation with a focus on recognizing child physical abuse. The training will also emphasize the importance of working together as a multidisciplinary team in order to prevent child maltreatment. Intended Audience: This training is intended for all child welfare professionals including jurists, court staff, prosecutors, attorneys, Lawyer-Guardians Ad Litem, CPS and foster care workers, tribes, private agencies, law enforcement, medical professionals, mental health providers, education professionals, and foster care review board members. Child Sexual Abuse Investigation Two-Day Continuum Conference (In person) June 22, 2022 8:45 a.m. – 4:30 p.m. June 23, 2022 8:45 a.m. – 4:30 p.m. This two-day program will be the crescendo to the Child Sexual Abuse Investigation: 8-Part Webinar Series. Conference attendees will have participated in the webinars. The purpose of the training is to take a deeper dive and expand upon what was presented during the webinars. Rather than a formal presentation from a podium, the program format will be a moderated fireside chat addressing questions submitted by registrants. This unique format will allow for a meaningful two-way dialogue between the speakers and attendees facilitated by a moderator. This training is intended for individuals that participated in the SCAO-CWS Child Sexual Abuse Investigation 8-Part Webinar Series. Child Welfare Services Recorded Web-based Meet-ups This link provides access to previously recorded webinars. Interstate Commission for Juveniles ICJ On-Demand Training Site ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes. Michigan Juvenile Justice Assessment System (MJJAS) Training Schedule 2022 MJJSA Training Schedule ? May 11-12, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual ? July 13-14, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA ? August 4-5, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual SCAO MONTHLY JUVENILE UPDATE – APRIL 2022 6 | P a g e ? September 7-8, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual ? October 26-27, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA Michigan Department of Health and Human Services (MDHHS) Division of Juvenile Justice (JJ) is pleased to announce a sixth year of statewide training on the Michigan Juvenile Justice Assessment System (MJJAS). The MJJAS is provided to MDHHS through a contractual agreement with the University of Cincinnati Research Institute and is known as the Ohio Youth Assessment System© (OYAS). The MJJAS is a structured risk assessment tool that identifies the likelihood of a youth engaging in future criminal behavior and informs appropriate risk classification. The MJJAS assessments can be re-administered over time to determine changes in risk level based upon changes in behavioral profile or life situation. The MJJAS can be used at five different decision points for a youth: diversion, detention, disposition, juvenile justice residential placement, and reentry to the community from residential placement. In addition to risk assessment, results from the disposition, residential and reentry tools are assistive for case planning, and for identification of residential and re-entry service needs. There is no registration fee for this training. JJ specialists and supervisors, and public and private residential treatment staff and supervisors working with juvenile justice youth under the care and supervision of MDHHS will be given priority to register for this training. Registration for others is on a first-come, first-served basis. Participants that fail to attend, arrive late, depart early, or attend only portions of the training will not be eligible to receive certification to administer the MJJAS. Virtual classes will close approximately two weeks prior to registration or sooner if class size is reached. Registration for MJJAS classes should be completed using the MDHHS Learning Management System (LMS). Those with access to MiSACWIS should have MDHHS LMS access and should follow the listed steps in LMS to register for the training. If you encounter problems or need assistance registering for training contact the LMS helpdesk at MDHHStraining@michigan.gov. If you need to cancel after you have been confirmed to attend the training, this should also be completed through the LMS. If you do not have access to the LMS, you may contact Michelle Sage at MDHHS-MJJAS@michigan.gov or Clinton Wirtz, at wirtzc@michigan.gov for information on how to register. [0 Comments] [Read & Post Comments] tuesday, may 10, 2022
SCAO MONTHLY UPDATE FOR MARCH 2022
SCAO MONTHLY JUVENILE UPDATE- MARCH 2022
MICHIGAN JUVENILE JUSTICE REFORM TASK FORCE WEBSITE ♦JJ Reform Task Force Meeting Information FAQ re: Personal Identifying Information in Court Filings (April 5, 2022) Enacted Legislation
PA 47 OF 2022- EXPANSION OF "MANDATED REPORTERS" Effective Date: June 21, 2022 Statute Cite: MCL 722.623 What it does: The bill amends the Child Protection Law to include physical therapists, physical therapist assistants, occupational therapists, and athletic trainers as mandated reporters. The Law requires individuals in various professions or occupations to report to the Department of Health and Human Services (DHHS) if they have reasonable cause to suspect child abuse or child neglect. These individuals, commonly referred to as "mandated reporters", include medical professionals, marriage therapists, licensed counselors, social workers, social service technicians, law enforcement officers, members of the clergy, and regulated child care providers. The bill will include physical therapists, physical therapist assistants, occupational therapists, and athletic trainers in the list of mandated reporters. Pending Legislation HB 5940' 22 - Amend Definition of Child Abuse and Child Neglect Last Action: 03/23/2022 – Introduced and Referred to Comte on Health Policy Statute Cite: MCL 722.622 What it does: This bill would amend the Child Protection Law to include serious mental or emotional abuse in the definitions of “child abuse” and “child neglect." HB 5941'22 - Prohibit Sentencing Juvenile to Imprisonment for Life Without Parole Eligibility Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary Statute Cite: MCL 769.1, MCL 769.1b, MCL 769.25, & MCL 769.25a. What it does: This bill would amend the Code of Criminal Procedure to prohibit sentencing an individual convicted as a juvenile to imprisonment for life without parole eligibility. HB 5942'22 - Provide Parole for Certain Juvenile Offenders Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary Statute Cite: MCL 791.234 What it does: This bill amends the Corrections Code of 1953 to provide for parole of certain juvenile offenders under certain circumstances. HB 5943'22 - Prohibit Sentencing Juveniles to Imprisonment for Life Without Parole Eligibility Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary SCAO MONTHLY JUVENILE UPDATE – MARCH 2022 2 | P a g e Statute Cite: MCL 712A.158 What it does: This bill amends the Juvenile Code to prohibit sentencing juveniles to imprisonment for life without parole eligibility. HB 5944'22 - Exclude Application to Juvenile Offenders for Certain Offenses (Imprisonment of Life Without Parole Eligibility) Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary Statute Cite: MCL 750.16 What it does: This bill amends the Michigan Penal Code to exclude the application of certain penalties for certain crimes of imprisonment for life without parole eligibility to juvenile offenders. HB 5974'22 - Revise Definition of Relative for Purposes of Placement Last Action: 03/24/2022 – Introduced and Referred to Comte on Families, Children, and Seniors Statute Cite: MCL 712A.13a What it does: This bill amends the Juvenile Code to revise the definition of a relative for the purpose of placement. HB 5975'22 - Trauma-Informed Required Training for Lawyer-Guardian Ad Litem Last Action: 03/24/2022: Introduced and Referred to Comte on Families, Children, and Seniors Statute Cite: MCL 712A.17d What it does: This bill amends the Juvenile Code to require trauma-informed training for lawyer-guardian ad litem.
Adopted Court Rules/Administrative Orders ADM File no. 2020-26 - Amendments to MCR 1.109 and MCR 8.119 - Effective Date of Amendments to Person Identifying Information Issued: 03/09/2022 Effective: 04/01/2022 ? The amendments of MCR 1.109 and MCR 8.119 update references to the effective date of the amendments regarding personal identifying information. ADM File No. 2021-33 - Amendment of Administrative Order No. 1997-10 Issued: 03/16/2022 Effective: 07/01/2022 ? The amendment of Administrative Order No. 1997-10 clarifies which information about jobs within the judiciary would be available to the public.
Case Law Update 02/24/2022 (COA) In re M.R. Simonetta, Minor. TERMINATION OF PARENTAL RIGHTS – AGGRAVATED CIRCUMSTANCES OF SEVERE PHYSICAL ABUSE “Reasonable efforts to reunify the child and family must be made in all cases except those involving aggravated circumstances”—“‘aggravated circumstances’ are limited to six events or occurrences in the life of a ‘child.’” In re Simonetta, ___ Mich App ___, ___ (2022) (quotation marks and citation omitted). SCAO MONTHLY JUVENILE UPDATE – MARCH 2022 3 | P a g e “Maternal drug use does not give rise to an aggravated circumstance permitting the termination of parental rights under any circumstances because a fetus is not a ‘child’ under the Probate Code.’’ Id. at ___. Accordingly, “respondent’s prenatal use of opioids and marijuana [did not] permit[] petitioner to withhold services on the ground that the child had been subjected to an ‘aggravated circumstance,’ specifically ‘severe physical abuse’”—“[a]ggravated circumstances do not exist in this case as a matter of law, supporting vacation of the termination of respondent’s parental rights on that ground alone.” Id. at ___. Moreover, “[t]he circuit court additionally erred by construing the evidence as consistent with ‘severe physical abuse’” where petitioner “failed to introduce any evidence supporting that respondent’s opioid use harmed [the child]”; “[r]ather, the evidence demonstrates that [the child] was placed in a special care nursery only after her meconium tested positive for opioids, not because she exhibited signs or symptoms of neonatal abstinence syndrome.” Id. at ___. 02/24/2022 (COA) In re Farris/White, Minors. TERMINATION OF PARENTAL RIGHTS – AGGRIEVED PARTY “An appeal can only be taken by parties who are affected by the judgment appealed from,” and “[a] party is aggrieved by a judgment or order when it operates on his rights and property or bears directly on his interest.” In re Farris/White, ___ Mich App ___, ___ (2022) (quotation marks and citation omitted). In this case, following the termination of respondent’s parental rights, “[r]espondent’s counsel . . . executed a request for appellate counsel ‘on behalf of’ respondent,” even though “trial counsel readily acknowledged that he had not been in communication with respondent for several months at the time he filed the request.” Id. at ___. “Based on these facts, . . . ‘an aggrieved party’ did not file the request for appellate counsel”; “[i]nstead, respondent’s trial counsel initiated the appeal by requesting that respondent be appointed appellate counsel.” Id. at ___. “Under these circumstances, the court should have rejected the unauthorized request for appellate counsel.” Id. at ___.
Forms Notice of Revisions to PC 652, Limited Guardianship Placement Plan (April 6, 2022) This form was revised to insert language requiring the use of MC 97a to protect personal identifying information pursuant to MCR 1.109(D). The form was also modified to incorporate current form standards for design and MiFILE. Notice of Revisions to FOC 113, Motion to Permit Foreign Travel This form was revised to remove a field for protected personal identifying information pursuant to MCR 1.109(D). The form was also modified to incorporate current form standards for design and MiFILE. Upcoming Trainings MJI Training Opportunities Interaction of Immigration and Family Law: Session I - Immigration Law Overview April 14, 2022 9:00 a.m. – 10:00 a.m. (Virtual) Immigration status is an important factor in the lives of many who appear in state court proceedings. A basic understanding of the U.S. immigration system, including an overview of U.S. immigration laws and the agencies that implement and enforce immigration law, can inform interactions with various legal systems. This session will introduce key concepts and terms in U.S. SCAO MONTHLY JUVENILE UPDATE – MARCH 2022 4 | P a g e immigration law, explain how the immigration process works, and provide general information on the various issues and concerns that arise for immigrants in different statuses. Michigan Probate & Juvenile Registers Association Adoption Conference April 22, 2022 10:00 a.m. – 2:30 p.m. (Comfort Inn – Mt. Pleasant, MI) For more information about the Michigan Probate & Juvenile Registers Association one-day adoption conference, contact Veronica Stillson at stillsonv@vanburencountymi.gov, or Theresa Nelson at nelsont@clinton-county.org. Interaction of Immigration and Family Law: Session II - Interaction of Immigration and Family Law April 28, 2022 9:00 a.m. – 10:00 a.m. (Virtual) Building from the overview from Session I, this session will focus on the ways in which issues of immigration law and status interact with family law. In particular, this session will examine ways in which interactions with family service and child protection systems create both opportunities and dangers for immigrant families and will identify principles for approaching the complex interaction of family and immigration law. Child Welfare Services Training and Development Opportunities Pre-Petition and Attorney Contract Strategies for Maximizing Legal Representation in Child Protective Proceedings April 14, 2022 12:00 p.m. – 1:00 p.m. This presentation will discuss how counties can invest in pre-petition legal advocacy programs to safely eliminate the need for foster care and will highlight innovative programs in Michigan. Presenters will also focus on why it is important for courts to review and reevaluate their court appointed attorney contracts to maximize services to the court and families, in an effort to achieve more timely permanency. Intended Audience: This training is intended for jurists, court staff, MDHHS and private agency managers, parent attorneys, and Lawyer-Guardians Ad Litem. Child Neglect and Physical Abuse: A Day Half-Full May 24, 2022 9:00 a.m. – 12:00 p.m. (Virtual) This half-day training will include two presentations from dynamic expert Dr. Dena Nazer, MD. The first presentation, “Child neglect - it takes a village to neglect a child”, will focus on case scenarios emphasizing that ensuring the child's rights is a responsibility of all of us. The second presentation, “Child Physical Abuse: Bruise, Burns, and Broken Bones", will provide a case-based presentation with a focus on recognizing child physical abuse. The training will also emphasize the importance of working together as a multidisciplinary team in order to prevent child maltreatment. Intended Audience: This training is intended for all child welfare professionals including jurists, court staff, prosecutors, attorneys, Lawyer-Guardians Ad Litem, CPS and foster care workers, SCAO MONTHLY JUVENILE UPDATE – MARCH 2022 5 | P a g e tribes, private agencies, law enforcement, medical professionals, mental health providers, education professionals, and foster care review board members. Child Welfare Services Recorded Web-based Meet-ups This link provides access to previously recorded webinars. Interstate Commission for Juveniles ICJ On-Demand Training Site ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes. Michigan Juvenile Justice Assessment System (MJJAS) Training Schedule 2022 MJJSA Training Schedule ? May 11-12, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual ? July 13-14, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA ? August 4-5, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual ? September 7-8, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual ? October 26-27, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA Michigan Department of Health and Human Services (MDHHS) Division of Juvenile Justice (JJ) is pleased to announce a sixth year of statewide training on the Michigan Juvenile Justice Assessment System (MJJAS). The MJJAS is provided to MDHHS through a contractual agreement with the University of Cincinnati Research Institute and is also known as the Ohio Youth Assessment System© (OYAS). The MJJAS is a structured risk assessment tool that identifies the likelihood of a youth engaging in future criminal behavior and informs appropriate risk classification. The MJJAS assessments can be re-administered over time to determine changes in risk level based upon changes in behavioral profile or life situation. The MJJAS can be used at five different decision points for a youth: diversion, detention, disposition, juvenile justice residential placement, and reentry to the community from residential placement. In addition to risk assessment, results from the disposition, residential and reentry tools are assistive for case planning, and for identification of residential and re-entry service needs. There is no registration fee for this training. JJ specialists and supervisors, and public and private residential treatment staff and supervisors working with juvenile justice youth under the care and supervision of MDHHS will be given priority to register for this training. Registration for others is on a first-come, first-served basis. Participants that fail to attend, arrive late, depart early, or attend only portions of the training will not be eligible to receive certification to administer the MJJAS. Virtual classes will close approximately two weeks prior to registration or sooner if class size is reached. Registration for MJJAS classes should be completed using the MDHHS Learning Management System (LMS). Those with access to MiSACWIS should have MDHHS LMS access and should follow the listed steps in LMS to register for the training. If you encounter problems or need assistance registering for training contact the LMS helpdesk at MDHHStraining@michigan.gov. If you need to cancel after you have been confirmed to attend the training, this should also be completed through the LMS. If you do not have access to the LMS, you may contact Michelle Sage at MDHHS-MJJAS@michigan.gov or Clinton Wirtz, at wirtzc@michigan.gov for information on how to register. [0 Comments] [Read & Post Comments] thursday, march 17, 2022
Passed, Pending and Enacted Legislation for February 2022
Enacted Legislation No newly enacted legislation pertaining to juvenile court this month. Pending Legislation No newly introduced legislation pertaining to juvenile court this month. Adopted Court Rules/Administrative Orders ADM File No. 2021-47 - Amendment of MCR 3.950 - Sight and Sound Issued: 12/29/2021 – Adopted and Published for Comment Comment Period Expires: 04/01/2022
ADM 2017-28 - Amendment of MCR 1.109 (Persons Authorized to Have Access to DOB) Issued: 12/06/2021- Adopted and Published for Comment Comment Period Expires: 04/01/2022
[0 Comments] [Read & Post Comments] thursday, february 10, 2022
Enacted & Pending Legislation & Adopted Court Rules, February 2022
Enacted Legislation PA 118 of 2021 - Modify Jurisdiction over Juveniles (RTA)
SB 0848'22 - Juvenile Sentencing (Exclusion of Juvenile Offenders)
[0 Comments] [Read & Post Comments] tuesday, november 09, 2021
Pending Legislation for October 2021
SB 0683'21 - Modify Jurisdiction over Juveniles (RTA) Statute Cite: MCL 712A.3 and MCL 712A.5 Status: 10/26/2021 – Reported with recommendation without amendment and placed on second reading. What it does: The bill would amend the juvenile code as follows: - Amends MCL 712A.3 to include a provision that for an offense occurring before October 1, 2021 that if during pendency of a criminal charge against an individual in any other that court it is ascertained that the individual was under the age of 17 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides. For an offense occurring on or after October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 18 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides. - Amend 712A.5 to indicate that the court does not have jurisdiction over an individual after he or she attains 19 years of age, excepted as provided in section 2a of the code. Changes the term “juvenile “to “an individual”. [0 Comments] [Read & Post Comments] tuesday, november 09, 2021
A Review of the Raise the Age bill package that went into effect October 1, 2021
No new enacted juvenile legislation in October 2021. However, the Raise the Age (RTA) legislation was effective as of October 1, 2021. Below are a list of the effected statutes and a brief of summary of each: Raise the Age Fund (MCL 400.117i): Creation of a “raise the age” fund within the department of the state treasury, and makes MDHHS the administrator of the fund. The department is to expend the money from the fund to cover the costs of expenses incurred due to raising the age of criminal responsibility, which are not covered by the child care fund. Age of Juvenile Court Jurisdiction (MCL 712A.11): Provides that if the juvenile attains his or her 18th birthday (instead of 17th) after the filing of the delinquency petition, the court’s jurisdiction shall continue beyond the juvenile’s 18th birthday and the court may hear and dispose of the petition. Additionally, amends MCL 712A.11(5) to refer to the collection of a juvenile’s biometric data (instead of fingerprints). Juvenile Competency (MCL 330.2060a(4)): Redefines the term “juvenile” to include those individuals who are under the age of 18, instead of 17, and who are the subject of a delinquency petition for the purposes of juvenile competency proceedings. Holmes Youthful Training Act (HYTA)(MCL 762.11): Revises the age of eligibility requirement for assignment to the Holmes Youth Trainee Act (HYTA) and allows assignment to HYTA for an individual between the ages of 18 - 26. Juvenile Diversion Act (MCL 722.822(e) and MCL 722.828(3)): Redefines the term “minor” to mean an individual less than 18 years of age. Changes the length of time a juvenile diversion record shall be retained. Juvenile diversion records is destroyed within 28 days of after the minor’s 18th birthday. Prohibition Regarding Lock-Up (MCL 712A.16(1)): Prohibits a juvenile taken into custody or detained who is under 18 years of age to be confined in any police station, prison, jail, lock-up facility with adult criminals. Transfer of Case to Family Division (MCL 764.27): Requires that an individual less than 18 years of age who is arrested be immediately taken before the Family Division of the Circuit Court. Further, except for the cases in which the juvenile has been waived to circuit court, requires the transfer of a criminal case to the family division if it is discovered during the pendency of a criminal case that the individual was less than 18 years old. Prohibition on Juvenile Confinement or Transport (MCL 750.139): Prohibits individuals under the age of 18 to be confined in the same space with an adult offender or to be transported in a vehicle with an adult offender. This is a change from the previous requirement of a child under 16 years of age. Confinement of Designated & Waived Juveniles in County Jail (MCL 764.27a): Raises the age of a juvenile that may be held in the county jail pending trial from 17 to 18. Specified Juvenile Violations (MCL 764.1f): Allows a prosecutor to authorize the filing of a complaint and warrant in district court in regards to a juvenile who is 14 years of age or older but less than 18 years of age who is alleged to have committed a specified juvenile violation. This changes the age from 17 to 18. Does not make any changes to the specified violations. Circuit Court Waiver of Jurisdiction (MCL 600.606): Provides that circuit court has jurisdiction to hear and determine a specified juvenile violation if committed by a juvenile age 14 but less than age 18. Allows for the circuit court of general criminal jurisdiction to process juvenile waiver cases. No change to the list of the specified violations. Michigan Indigent Defense Commission (MIDC)(MCL 780.983): Changes the definition of “adult” to an individual who is older than 18 years of age. Amends the definition of “adult” to also include an individual who is under 18 years of age under the following circumstances: 1) Prosecutor files a petition to waive the juvenile to circuit court; 2) Prosecutor files the petition as a prosecutor designated case in the family division; 3) Prosecutor files a request asking the court to designate the juvenile to be tried as an adult in the family division; and 4) Prosecutor authorizes the filing of a complaint and warrant again the juvenile in district court Juvenile Code – Juvenile Definition (MCL 712A.1 and 712A.3): Changes the definition of a juvenile to a person who is under 18 years of age. Additionally, requires the transfer of a criminal case to the family division if the court discovered during the pendency of the charge that the juvenile was under the age of 18 at the time of the offense. The case is to be transferred to the family division of the circuit court in which the other court is situated or in which the person resides. The family division will hear and dispose of the case in same manner as if the case had been originally instituted in that court. Youth Rehabilitation Services Act (MCL 803.302): Revises the definition of public ward to include a youth accepted for care by a youth agency who is at least 12 years of age when committed to the youth agency by the juvenile division of the probate court or the family division of the circuit court under MCL 712A.18, if the court acquired jurisdiction over the youth under MCL 712A.2(a) or MCL 712A.2(d), and the act for which the youth is committed occurred before his or her eighteenth (instead of seventeenth) birthday. Sight and Sound Separation (MCL 712A.14 and 712A.15): Requires a juvenile under the age of 18 to be separated and have no verbal, visual, or physical contact with an adult prisoner/inmate if the juvenile is being held in a jail or other detention facility. Personal Protection Orders (MCL 764.15b): Requires that a personal protection order (PPO) state on its face that a person age 18 or older will be subject to criminal contempt for a violation. A person less than 18 years of age will be subject to a juvenile disposition. Makes the age change from 17 to 18. Raise the Age of Jurisdiction (MCL 712A.2): Raises the age of jurisdiction of the family division of the circuit court. The family division of the circuit court will have jurisdiction over juveniles who are under 18 years old. Raises the age from 17 to 18. Child Care Fund Reimbursement Rate (MCL 400.117a): Addresses the payment of costs incurred for the new population of juveniles resulting from raising the age. Provides the following: Beginning 10/01/2021, the state will pay 100% of the cost to provide services to juveniles coming within the court’s jurisdiction who are at least 17 years old but less than 18 years old at the time of the offense. Beginning 10/01/2025, the state and the county will share the cost of child care fund eligible expenses for all juveniles including those who were 17 years old – 18 years old at the time of the offense. No change to the funding mechanism for juveniles under the age of 17 at the time of the offense [0 Comments] [Read & Post Comments] |
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