An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 2f of chapter XIIA (MCL 712A.2f), as amended by 2023 PA 301.
House Bill 5393 amends the Probate Code of 1939 to allow for juvenile cases to be handled informally through a consent calendar, avoiding formal court jurisdiction when deemed unnecessary. This process requires agreement from the juvenile, their guardian, and the prosecutor, and is based on risk and mental health screening results that are research-based and nationally validated. The bill details the procedures for transferring cases to the consent calendar, including victim notification and the maintenance of nonpublic records, with specific access restrictions. Information from consent calendar proceedings is inadmissible in formal hearings.
The court must conduct a consent calendar conference and issue a case plan that cannot remove the juvenile from their home or impose fees. The default maximum time for a juvenile to complete the terms of a consent calendar case plan is increased to 6 months, with provisions for extension if necessary for specific treatment programs. Successful completion of the plan results in case closure and record destruction. If the consent calendar is deemed inappropriate, the case can be transferred back to the formal calendar, and statements made during the consent calendar process cannot be used in formal trials. Upon successful completion, the court reports to the juvenile and the state police, who maintain a nonpublic record accessible only to certain officials for specific purposes.
Introduced
by
Referred to the Committee on Criminal Justice
Reported without amendment
Passed in the House 56 to 53 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported without amendment
Referred to the Committee of the Whole
Reported without amendment
Passed in the Senate 28 to 10 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
