A.Placement on or Transfer to Consent Calendar
“Subject to [MCL 712A.2f(2)], if the court determines that formal jurisdiction should not be acquired over a juvenile, the court may proceed in an informal manner referred to as a consent calendar.” MCL 712A.2f(1); see also MCR 3.932(C)(1).
A case must not be placed on the consent calendar unless all of the following apply:
•“The juvenile and the parent, guardian, or legal custodian and the prosecutor agree to have the case placed on the consent calendar.” MCL 712A.2f(2)(a); see also MCR 3.932(C)(2)(a).
•“The court must not consider restitution when determining if the case should be placed on the consent calendar under MCL 712A.2f.” MCL 712A.2f(1); MCR 3.932(C)(2)(a).
•“The court considers the results of the risk screening tool and mental health screening tool conducted on the juvenile by a designated individual or agency that is trained in those screening tools.” MCL 712A.2f(2)(b); see also MCR 3.932(C)(2)(b).
•“The court determines that the case should proceed on the consent calendar in compliance with [MCL 712A.11(1)].” MCL 712A.2f(2)(c).
“A case transferred to the consent calendar shall be transferred before disposition but may occur any time after receiving a petition, citation, or appearance ticket.” MCR 3.932(C)(1); see also MCL 712A.2f(5).1 See also MCL 712A.11(1), which provides, in relevant part:
“The court may proceed on the consent calendar under [MCL 712A.2f] if at any time before disposition the court determines that a case should not proceed on the formal calendar but that the protective and supportive action by the court will serve the best interests of the juvenile and the public.”
“If the court authorizes the petition and the juvenile is alleged to have committed an offense that requires the juvenile to have biometric data collected according to law, the court shall ensure the juvenile has biometric data collected before placing the case on [the] consent calendar under [MCR 3.932(C)(1)].” MCR 3.932(C)(3); see also MCR 3.936(B). “Except as otherwise required by law, a juvenile shall not have biometric data collected unless the court has authorized the petition.” MCR 3.932(C)(3).
Upon transfer of a case to the consent calendar, the clerk of the court must make the case nonpublic. MCR 3.932(C)(1).
“The court shall not enter an order of disposition in a case while it is on the consent calendar.” MCL 712A.2f(10); MCR 3.932(C)(7).
If the Family Division, the juvenile, the juvenile’s parent, guardian, or legal custodian, and the prosecutor agree to place the case on the consent calendar, the juvenile waives certain rights, including, but not limited to:
•the right to the assistance of an attorney;
•the right to trial by judge or jury;
•the presentation of proof beyond a reasonable doubt; and
•the privilege against self-incrimination (and the right to remain silent). See MCR 3.915(A), MCR 3.935(B)(4)(a)-(c), and MCR 3.942(C) (setting out rights a juvenile has when his or her case is placed on the formal calendar).
If the case is transferred to the formal calendar, however, the court must inform the juvenile of his or her right to an attorney, of his or her right to trial by judge or jury, and that any statement made by the juvenile may be used against him or her. See In re Chapel, 134 Mich App 308, 312-313 (1984) (full panoply of rights under court rules vests when case is placed on formal calendar).
If the case involves the alleged commission of an offense as defined in the Crime Victim’s Rights Act (CVRA), MCL 780.781(1)(g), the case may be placed on the consent calendar only upon compliance with the procedures set forth in MCL 780.786b2 and with the consent of the juvenile, the prosecutor, and the parent, guardian, or legal custodian. MCL 712A.2f(5); MCR 3.932(C)(2)(a). Additionally, a case involving an offense as defined in MCL 780.781 “may only be removed from the adjudicative process upon compliance with the procedures set forth in [the CVRA].” MCR 3.932(B), citing MCL 780.786b.
After a case is placed on the consent calendar, the prosecutor must provide the victim with notice as required by article 2 of the CVRA, MCL 780.781 to 780.802.3 MCL 712A.2f(6); MCR 3.932(C)(4).
MCR 3.932(C)(5) provides:
“After placing a matter on the consent calendar, the court must conduct a consent calendar case conference with the juvenile, the juvenile’s attorney, if any, and the juvenile’s parent, guardian, or legal custodian. The prosecutor and victim may, but need not, be present. At the conference, the court must discuss the allegations with the juvenile and issue a written consent calendar case plan[4] in accordance with MCL 712A.2f(9). The period for a juvenile to complete the terms of a consent calendar case plan must not exceed 6 months, unless the court determines that a longer period is needed for the juvenile to complete a specific treatment program and includes this determination as part of the consent calendar case record.”
See also MCL 712A.2f(9).
MCL 712A.2f(9) requires the court to issue a written consent calendar case plan “[i]f it appears to the court that the juvenile has engaged in conduct that would subject the juvenile to the jurisdiction of the court[.]” The following requirements apply to the written case plan:
“(a) The plan must include a requirement that the juvenile pay restitution under the [Crime Victim’s Rights Act (CVRA), MCL 780.751—MCL 780.834]. The court shall not order the juvenile or the juvenile’s parent, guardian, or legal custodian to pay for fees or costs associated with consent calendar services.
(b) A consent calendar case plan must not contain a provision removing the juvenile from the custody of the juvenile’s parent, guardian, or legal custodian.
(c) The period for a juvenile to complete the terms of a consent calender case plan must not exceed 6 months, unless the court determines that a longer period is needed for the juvenile to complete a specific treatment program and includes this determination as part of the consent calendar case record.
(d) The consent calendar case plan is not an order of the court, but must be included as a part of the case record.
(e) Violation of the terms of the consent calendar case plan may result in the court’s returning the case to the formal calendar for further proceedings consistent with [MCL 712A.2f(12)].” MCL 712A.2f(9)(a)-(e).
See also MCR 3.932(C)(6), which provides:
“The case plan is not an order of the court, but shall be included as part of the case record. If the court determines the juvenile has violated the terms of the case plan, it may transfer the case to the formal calendar in accordance with [MCR 3.932(C)(9)].”
F.Successful Completion of Case Plan
Upon a judicial determination that the juvenile has completed the terms of the consent calendar case plan, the court must report the successful completion of the consent calendar to the juvenile and the Michigan State Police (MSP). MCL 712A.2f(14); MCR 3.932(C)(10). The report to the MSP must be in a form prescribed by the MSP. MCR 3.932(C)(10).
“Upon the juvenile’s successful completion of the consent calendar case plan, the court shall close the case and shall destroy all records of the proceeding in accordance with the records management policies and procedures of the state court administrative office, established in accordance with supreme court rules.” MCL 712A.2f(11); see also MCR 3.932(C)(11) (providing that “[t]he case records shall only be destroyed in accordance with the approved record retention and disposal schedule established by the State Court Administrative Office[]”). The MSP must maintain a nonpublic record of the case. MCL 712A.2f(14).5
MCL 712A.2f(12) provides:
“If it appears to the court at any time that proceeding on the consent calendar is not in the best interest of either the juvenile or the public, the court shall proceed as follows:
(a) If the court did not authorize the original petition, the court may, without hearing, transfer the case from the consent calendar to the formal calendar on the charges contained in the original petition to determine whether the petition should be authorized.
(b) If the court authorized the original petition, the court may transfer the case from the consent calendar to the formal calendar on the charges contained in the original petition only after a hearing. After transfer to the formal calendar, the court shall proceed with the case from where it left off before being placed on the consent calendar.”
See also MCR 3.932(C)(9).
If a hearing is required under MCL 712A.2f(12)(b), the court must conduct the hearing on the record. MCR 3.932(C)(9)(b). At the hearing, the court must:
“(i) Advise the juvenile that any statements made during the consent calendar proceedings cannot be used against the juvenile at a trial on the same charge.[6]
(ii) Allow the juvenile and the juvenile’s attorney, if any, the opportunity to address the court and state on the record why the case should not be transferred to the formal calendar.” MCR 3.932(C)(9)(b)(i)-(ii).
H.Case Records and Reporting Requirements
1.Nonpublic Record and Confidential File
MCL 712A.2f(7) requires that consent calendar case records be maintained in a nonpublic manner:
“(a) Access to consent calendar case records must be provided to the juvenile, the juvenile’s parents, guardian, or legal custodian, the guardian ad litem, counsel for the juvenile, the [Department of Health and Human Services (DHHS)] if related to an investigation of neglect and abuse, law enforcement personnel, prosecutor, and other courts. However, consent calendar case records must not be disclosed to federal agencies or military recruiters. As used in this subdivision, ‘case records’ includes the pleadings, motions, authorized petitions, notices, memoranda, briefs, exhibits, available transcripts, findings of the court, register of actions, consent calendar case plan, risk screening tool and mental health screening tool results, and court orders related to the case placed on the consent calendar.
(b) The contents of the confidential file must continue to be maintained confidentially. As used in this subdivision, ‘confidential file’ means that term as defined in MCR 3.903.
(c) A risk screening tool and a mental health screening tool conducted as part of a proceeding under [MCL 712A.2f] and any information obtained from a juvenile in the course of those screenings or provided by the juvenile in order to participate in a consent calendar case plan, including, but not limited to, any admission, confession, or incriminating evidence, are not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and are not subject to subpoena or any court process for use in any other proceeding or for any other purpose.” MCL 712A.2f(7)(a)-(c).
See also MCR 3.932(C)(1) (requiring the clerk of the court, upon transfer of a case to the consent calendar, to make the case nonpublic); MCR 3.932(C)(8) (providing that consent calendar case records are nonpublic, and that access to them is governed by MCL 712A.2f(7)).
2.Michigan State Police Reporting and Nonpublic Record7
If the court determines that the juvenile has successfully completed the consent calendar case plan, the court must report the successful completion to the Michigan State Police (MSP) and to the juvenile. MCL 712A.2f(14); MCR 3.932(C)(10). The MSP must maintain a nonpublic record of the case. MCL 712A.2f(14). MCL 712A.2f(14) further provides for limited access to the nonpublic record:
“This record is open to the courts of this state, another state, or the United States, the department of corrections, law enforcement personnel, and prosecutors for use only in the performance of their duties or to determine whether an employee of the court, department, law enforcement agency, or prosecutor’s office has violated conditions of employment or whether an applicant meets criteria for employment with the court, department, law enforcement agency, or prosecutor’s office.”
“Upon the juvenile’s successful completion of the consent calendar case plan, the court shall close the case and shall destroy all records of the proceeding in accordance with the records management policies and procedures of the state court administrative office, established in accordance with supreme court rules.” MCL 712A.2f(11). See also MCR 3.932(C)(11) (providing that “[t]he case records shall only be destroyed in accordance with the approved record retention and disposal schedule established by the State Court Administrative Office[]”).8
I.Juvenile Traffic Offenses9
A court is not prohibited under MCR 3.925 (retention and destruction of court records; setting aside adjudications) or MCL 712A.18e(2) (setting aside adjudication) from placing a case involving a juvenile traffic offense, which would be a criminal offense if committed by an adult, on the consent calendar. See In re Neubeck, 223 Mich App 568, 572-573 (1997).10 When setting aside a juvenile adjudication, the court must not remove or expunge the adjudication from the juvenile’s driving record. MCL 712A.18e(17); MCL 712A.18t(10).
1 See SCAO Form JC 15, Order Transferring Petition to Consent Calendar.
2 MCL 780.786b requires the court to provide written notice to the prosecuting attorney of the court’s intent to proceed on the consent calendar; requires the prosecutor to provide notice to the victim of the time and place for the hearing; and provides that the prosecuting attorney and the victim have the right to address the court. See the Michigan Judicial Institute’s Crime Victim Rights Benchbook for a discussion of notice requirements under the CVRA when removing a case from the adjudicative process.
3 See the Michigan Judicial Institute’s Crime Victim Rights Benchbook for a discussion of notice requirements under the CVRA when removing a case from the adjudicative process.
4 See Section 4.4(E) for discussion of the required consent calendar case plan.
5 See Section 4.4(H) for additional discussion of consent calendar case records. For additional information on records management, and for links to records retention and disposal schedules, see the State Court Administrative Office’s Records Management website.
6 See MCL 712A.2f(13) (“Statements made by the juvenile during the proceeding on the consent calendar must not be used against the juvenile at a trial on the formal calendar on the same charge.”).
7 See SCAO Memorandum, Public Act 185 of 2016: Codification of Consent Calendar Procedures, September 15, 2016.
8 See also MCL 600.1428; MCR 8.119(K). Recordkeeping requirements for cases on the consent calendar are discussed in Section 21.7. For additional information on records management, and for links to records retention and disposal schedules, see the State Court Administrative Office’s Records Management website.
9 For more information on juvenile traffic offenses, see the Michigan Judicial Institute’s Traffic Benchbook.
10 In re Neubeck, 223 Mich App at 572-573, discussed the interaction between former court rules MCR 5.925 (now MCR 3.925) and MCR 5.932 (now MCR 3.932). MCR 3.925 has been subsequently amended so that the language quoted in In re Neubeck, 223 Mich App at 572-573, no longer exists.