Preliminary Inquiries

6.2Preliminary Inquiries ¹

A “[p]reliminary inquiry” is an “informal review by the court to determine appropriate action on a petition.” MCR 3.903(A)(23). “When a petition is not accompanied by a request for detention^[²]of the juvenile, the court may conduct a preliminary inquiry.” MCR 3.932(A). Additionally, the Family Division may conduct a preliminary inquiry based on information submitted by any “person” (for example, a school official, a police officer, or a juvenile’s parent) that the juvenile has committed a status offense.³ See MCL 712A.11(1).⁴

At a preliminary inquiry, the court examines the best interest of the juvenile and the public to determine whether further action is required and whether the case should be treated informally or formally. See MCR 3.932(A). Subject to procedural requirements imposed under the Crime Victim’s Rights Act (CVRA),⁵and after completion and consideration of the results of the risk screening tool and mental health screening tool pursuant to MCR 3.907, the Family Division may choose to deny the petition; divert the matter under the Juvenile Diversion Act ⁶; order further informal inquiry; proceed on the consent calendar ⁷; or authorize a petition to be filed and docketed on the formal calendar.⁸

Committee Tip:

A wide variety of practices exist among courts as to the use of preliminary inquiries. Some courts utilize preliminary inquiries exclusively for less serious criminal offenses where no formal court jurisdiction will be requested or for cases in which the juvenile does not contest the charges. Additionally, some courts do not accept complaints from citizens.

The court may assign a referee to conduct a preliminary inquiry. MCR 3.913(A)(1). Referees who conduct preliminary inquiries are not required to be licensed attorneys. See MCL 712A.10(2); MCR 3.913(A)(2)(a).

“Except in cases involving offenses enumerated in the Crime Victim’s Rights Act, MCL 780.781(1)(g), the preliminary inquiry need not be conducted on the record.” MCR 3.932(A).

¹“Instruments of restraint . . . may not be used on a juvenile during a court proceeding unless the court finds that the use of restraints is necessary due to one of the” factors set forth in MCR 3.906(A)(1)-(3). MCR 3.906(A). A determination that restraints are necessary must be made in compliance with MCR 3.906(B), and any use of restraints must comply with MCR 3.906(C). See Section 1.5 for more information on the use of restraints in juvenile proceedings.

² If detention is requested, the court must conduct a preliminary hearing. See Section (A) and Section 6.3(A).

⁴ However, only a prosecuting attorney may file a petition with the court when the juvenile is alleged to have violated a statute or ordinance. MCL 712A.11(2).

⁵ MCL 780.751 et seq. See the Michigan Judicial Institute’s Crime Victim Rights Benchbook for discussion of notice requirements under the CVRA when removing a case from the adjudicative process.