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)
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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
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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
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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.
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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.
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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.”
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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.
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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
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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.
