friday, september 23, 2022
JUNE MONTHLY JUVENILE AND PROBATE UPDATE

SCAO MONTHLY JUVENILE AND PROBATE UPDATE

JUNE 2022

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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).

 



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