2.14Change of Venue or Transfer of Jurisdiction to County of Residence

A.Original Jurisdiction is in County in Which Offense Occurred

The Family Division has “[e]xclusive original jurisdiction superior to and regardless of the jurisdiction of another court in proceedings concerning a juvenile under 18 years of age who is found within the county” and who, except for a juvenile in an automatic waiver proceeding, has violated a law or ordinance or has committed a status offense. MCL 712A.2(a)(1)-(4) (emphasis supplied). “As used in MCL 712A.2, a child is ‘found within the county’ . . . in which the offense committed by the juvenile occurred, or in which the minor is physically present.” MCR 3.926(A).

B.Change of Venue

With the exception of traditional waiver hearings, designated proceedings, and minor PPO proceedings,¹ “[t]he court, on motion by a party, may order a case to be heard before a court in another county:

(1) for the convenience of the parties and witnesses, provided that a judge of the other court agrees to hear the case; or

(2) when an impartial trial cannot be had where the case is pending.” MCR 3.926(D).

The transferring court must bear all costs of the proceeding in the other county and enter all necessary orders pertaining to the certification and transfer of the action to the receiving court. MCR 3.926(D); MCR 3.926(F)(1). “The clerk of the court must prepare the case records for transfer in accordance with the orders entered under [MCR 3.926(F)(1)] and the Michigan Trial Court Records Management Standards and send them to the receiving court by a secure method.” MCR 3.926(F)(2).

“[A]fter [a] change of venue becomes effective, the transferee court has full jurisdiction of the action [under MCL 600.1653]; consequently, the transferor court has none” and may not “entertain any further proceedings[.]” Frankfurth v Detroit Med Ctr, 297 Mich App 654, 656, 658 (2012) (holding that “because the trial court had entered an order changing . . . venue, it lost jurisdiction to entertain . . . [the plaintiff’s] motion for reconsideration” of the trial court’s order changing venue).

C.Transfer to “County of Residence”

With the exception of traditional waiver hearings, designated proceedings, and minor PPO proceedings,² “[i]f a juvenile is brought before the court in a county other than that in which the juvenile resides, . . . the court may enter an order transferring jurisdiction of the matter to the court of the county of residence.” MCL 712A.2(d); see also MCR 3.926(B). The following requirements apply to transfers of jurisdiction:

•Transfer must occur “before a hearing,” MCL 712A.2(d), and “before trial,” MCR 3.926(B).

•The judge of the court in the county of residence must consent to the transfer, unless “the county of residence is a county juvenile agency and satisfactory proof of residence is furnished to the court of the county of residence.” MCL 712A.2(d); see also MCR 3.926(B).

“The transferring court must enter all necessary orders pertaining to the certification and transfer of the action to the receiving court,” and “[t]he clerk of the court must prepare the case records for transfer in accordance with the orders entered under [MCR 3.926(F)(1)] and the Michigan Trial Court Records Management Standards and send them to the receiving court by a secure method.” MCR 3.926(F)(1)-(2).

“[A]fter [a] change of venue becomes effective, the transferee court has full jurisdiction of the action [under MCL 600.1653]; consequently, the transferor court has none” and may not “entertain any further proceedings[.]” Frankfurth, 297 Mich App at 656, 658 (holding that “because the trial court had entered an order changing . . . venue, it lost jurisdiction to entertain . . . [the plaintiff’s] motion for reconsideration” of the trial court’s order changing venue).

D.Determining “County of Residence”

MCR 3.926(B)(1)-(3) provide:

“(1) If both parents reside in the same county, or if the child resides in the county with a parent who has been awarded legal custody, a guardian, a legal custodian, or the child’s sole legal parent, that county will be presumed to be the county of residence.

(2) In circumstances other than those enumerated in [MCR 3.926(B)(1)], the court shall consider the following factors in determining the child’s county of residence:

(a) The county of residence of the parent or parents, guardian, or legal custodian.

(b) Whether the child has ever lived in the county, and, if so, for how long.

(c) Whether either parent has moved to another county since the inception of the case.

(d) Whether the child is subject to the prior continuing jurisdiction of another court.

(e) Whether a court has entered an order placing the child in the county for the purpose of adoption.

(f) Whether the child has expressed an intention to reside in the county.

(g) Any other factor the court considers relevant.

(3) If the child has been placed in a county by court order or by placement by a public or private agency, the child shall not be considered a resident of the county in which he or she has been placed, unless the child has been placed for the purpose of adoption.”

“‘Legal Custodian’ means an adult who has been given legal custody of a minor by order of a circuit court in Michigan or a comparable court of another state or who possesses a valid power of attorney given pursuant to MCL 700.5103 or a comparable statute of another state. It also includes the term ‘Indian custodian’^[3] as defined in MCR 3.002(15).” MCR 3.903(A)(14).

E.Bifurcated Proceedings

“If the judge of the transferring court and the judge of the receiving court agree, the case may be bifurcated to permit adjudication in the transferring court and disposition in the receiving court. The case may be returned to the receiving court immediately after the transferring court enters its order of adjudication.” MCR 3.926(E).

In bifurcated cases, the court that enters an order of adjudication must “send any supplemented pleadings and other records to the court entering the disposition in the case.” MCR 3.926(F).

F.Costs of Disposition

When disposition is ordered by the Family Division in a county other than the juvenile’s county of residence, the court ordering disposition is responsible for any costs incurred in connection with the order unless:    

•the court in the county in which the juvenile resides agrees to pay such dispositional costs, or    

•the juvenile is made a state ward and the county of residence withholds consent to a transfer of the case. MCR 3.926(C).

G.Special Rules Applicable to Traditional Waiver, Designated, and Minor PPO Proceedings

1.Traditional Waiver Hearings

MCL 712A.4(1) provides that “the judge of the family division of circuit court in the county in which the offense is alleged to have been committed may waive jurisdiction . . . upon motion of the prosecuting attorney.” MCR 3.950(A) further provides that “[o]nly a judge assigned to hear cases in the family division of the circuit court of the county where the offense is alleged to have been committed may waive jurisdiction pursuant to MCL 712A.4.”

2.Designated Proceedings

MCR 3.926(G) provides that “[d]esignated cases are to be filed in the county in which the offense is alleged to have occurred.” MCL 712A.2(d) further provides that a designated case “may be transferred for venue or for juvenile disposition, but shall not be transferred on grounds of residency.”

Accordingly, only the following proceedings in a designated case may be heard outside the county in which the offense occurred:

•A change of venue may be ordered for the purpose of trial. MCR 3.926(G).

•After conviction, the case may be transferred to the juvenile’s county of residence for entry of a juvenile disposition only. Id.

If a change of venue is ordered, “after the change of venue becomes effective, the transferee court has full jurisdiction of the action [under MCL 600.1653]; consequently, the transferor court has none[]” and may not “entertain any further proceedings[.]” Frankfurth, 297 Mich App at 656, 658 (holding that “because the trial court had entered an order changing . . . venue, it lost jurisdiction to entertain . . . [the plaintiff’s] motion for reconsideration[]” of the trial court’s order changing venue).

“Sentencing of a juvenile [convicted in a designated proceeding], including delayed imposition of sentence, may only be done in the county in which the offense occurred.” Id.⁴

When disposition is ordered by the Family Division in a county other than the juvenile’s county of residence, the court ordering disposition is responsible for any costs incurred in connection with the order unless:    

•the court in the county in which the juvenile resides agrees to pay such dispositional costs, or    

•the juvenile is made a state ward and the county of residence withholds consent to a transfer of the case. MCR 3.926(C).

3.Minor PPO Proceedings

Venue for the issuance of a minor PPO is proper in the county of residence of either the petitioner or respondent. MCL 712A.2(h); MCR 3.703(E)(2). If the respondent does not live in Michigan, venue for the issuance of a minor PPO is proper in the petitioner’s county of residence. MCL 712A.2(h); MCR 3.703(E)(2). If a change of venue is ordered, “after the change of venue becomes effective, the transferee court has full jurisdiction of the action [under MCL 600.1653]; consequently, the transferor court has none[]” and may not “entertain any further proceedings[.]” Frankfurth, 297 Mich App at 656, 658 (holding that “because the trial court had entered an order changing . . . venue, it lost jurisdiction to entertain . . . [the plaintiff’s] motion for reconsideration[]” of the trial court’s order changing venue).

When a minor allegedly violates a PPO and is apprehended in a county other than the county in which the PPO was issued, the apprehending jurisdiction may notify the issuing jurisdiction that it may request that the minor be returned to the issuing jurisdiction for enforcement proceedings. MCR 3.984(E); see also MCR 3.985(H).