tuesday, may 10, 2022
SCAO MONTHLY UPDATE FOR APRIL 2022

SCAO MONTHLY JUVENILE UPDATE – APRIL 2022

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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)

Memorandum re: Drug Testing in Abuse and Neglect Cases Following MDHHS Communication Issuance 22-025 (April 11, 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.

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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

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? 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

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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

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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

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? 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.



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