3.6​Places of Detention for Alleged Status Offenders30

If a juvenile is taken into custody for a status offense listed in MCL 712A.2(a)(2)-(4)31 and detained in a secure facility,32 “the petitioner shall ensure that an appropriately trained, licensed, or certified mental health or substance abuse professional interviews the juvenile in person within 24 hours to assess the immediate mental health and substance abuse needs of the juvenile. The assessment may alternatively be done upon filing the petition, before an order for placement in a secure facility. Within 48 hours of the placement in the secure facility, the petitioner shall submit the assessment to the court and the court shall conduct a hearing to determine both of the following:

(a) If there is reasonable cause to believe that the juvenile violated the court order.

(b) The appropriate placement of the juvenile pending the disposition of the alleged violation, including if the juvenile should be placed in a secure facility.” MCL 712A.15(4).


Committee Tip:

Use of secure detention for a status offender who has repeatedly violated court orders may be necessary for the juvenile’s safety and well-being. However, a court should also consider the emotional impact of being placed in secure detention and its financial cost.



MCL 712A.15(6) prohibits a juvenile taken into custody for a status offense under MCL 712A.2(a)(2)-(4)33 from being detained in “a cell or other secure area of a secure facility designed to incarcerate adults unless either of the following applies:

(a) The juvenile is under the jurisdiction of the court under [MCL 712A.2(a)(1) (violation of law or ordinance)] for an offense which, if committed by an adult, would be a felony.

(b) Until September 30, 2021, the juvenile is not less than 17 years of age and is under the jurisdiction of the court under a supplemental petition under [MCL 712A.2(h) (personal protection order [PPO] actions)34]. Beginning October 1, 2021, the juvenile is not less than 18 years of age and is under the jurisdiction of the court under a supplemental petition under [MCL 712A.2(h)].”35

30. See Section 2.3 for discussion of status offenses. See Section 2.15 for a brief discussion of additional requirements that apply when an Indian child is accused of a status offense.

31. Although the “17-year-old wayward minor” provisions of MCL 712A.2(d)(1)-(5) are generally considered to be “status offenses” (see Section 2.3 and MCR 3.903[F]), MCL 712A.15(4) does not apply to wayward minors.

32.Secure facility “means any public or private licensed child caring institution identified by the [Department of Health and Human Services] as designed to physically restrict the movements and activities of the alleged or adjudicated juvenile offender that has the primary purpose of serving juveniles who have been alleged or adjudicated delinquent, other than a juvenile alleged or adjudicated under [MCL 712A.2(a)(2)-(4)].” MCL 712A.1(1)(t).

33. MCL 712A.15(6) also applies to juveniles under age 18 who are under Family Division jurisdiction based upon a divorce proceeding as provided in MCL 712A.2(c).

34. Proceedings to enforce personal protection orders (PPOs) against minor respondents are discussed in Chapter 13.

35. The Juvenile Justice and Delinquency Prevention Act (JJDPA), 34 USC 11101 et seq., makes federal funds available to states that, inter alia, plan for and implement policies ensuring that certain categories of juveniles will not be detained or confined in secure facilities or in facilities in which they would have contact with adult prisoners. See 34 USC 11133(a)(11)-(13).