4.2Screening Tools and Risks and Needs Assessments
Effective October 1, 2024, a risk screening tool and a mental health screening tool must be conducted on a minor before making a diversion or consent calendar decision, unless (1) a minor is accused or charged with a specified juvenile violation or (2) a minor is currently under the supervision of a court or the department of health and human services. MCL 722.823; MCL 712A.2f; MCR 3.907. “The court must conduct and use screening tools and risk and needs assessments in accordance with applicable law and the guidelines established by the State Court Administrative Office [SCAO].” MCR 3.907(A). Both a risk screening tool and a mental health screening tool must be research based, nationally validated for use with minors, and comply with the SCAO guidelines. MCL 722.823(6). A law enforcement official or court intake worker must use the results of a risk screening tool and a mental health screening tool, as well as consider the best interests of public safety and the minor, to inform a decision to divert a minor. MCL 722.823(5). “Any statements a juvenile makes as part of a screening tool or risk and needs assessment under [MCR 3.907] must not be admitted into evidence against the juvenile at any adjudication hearing.” MCR 3.907(F). See also MCL 722.829(3).
“Except as otherwise provided in [MCL 722.823(4)], before a diversion decision is made for a minor, a risk screening tool . . . may be conducted on the minor.” MCR 3.907(B); see also MCL 722.823(4). “A court or court intake worker must use a validated risk screening tool adopted by their county.” MCR 3.907(B). The risk screening tool must be “conducted by a designated individual or agency that is trained in those screening tools.” MCL 722.823(5)(a); MCR 3.907(E). “The court or court intake worker, as applicable, must consider the results, along with the results of the mental health screening tool and the best interests of the juvenile and public when deciding whether to:
(1) refer the matter to a public or private agency providing available services pursuant to the Juvenile Diversion Act, MCL 722.821 et seq.; or
(2) proceed on the consent calendar as provided in MCR 3.932(C) or place the matter on the formal calendar as provided in MCR 3.932(D).” MCR 3.907(B).
The risk screening tools that meet the criteria set forth in the relevant statutes and are approved by the SCAO are listed in the Juvenile Justice Screening and Assessment Tools Guidelines.
C.Mental Health Screening Tool
“Except as otherwise provided in MCL 722.823(4), before a diversion decision is made for a minor, a mental health screening tool may be conducted on the minor.” MCR 3.907(C). “A court or court intake worker must utilize a validated mental health screening tool adopted by their county.” Id. “The court or court intake worker, as applicable, must consider the results, along with the risk screening tool and the best interests of the juvenile and public when deciding whether to:
(1) refer the matter to a public or private agency providing available services pursuant to the Juvenile Diversion Act, MCL 722.821 et seq.; or
(2) proceed on the consent calendar as provided in MCR 3.932(C) or place the matter on the formal calendar as provided in MCR 3.932(D).” MCR 3.907(B).
The mental health screening tools that meet the criteria set forth in the relevant statutes and are approved by the SCAO are listed in the Juvenile Justice Screening and Assessment Tools Guidelines.
MCL 712A.15(3) requires that before detaining a juvenile in a secure facility pending hearing, the court must consult the results of the detention screening tool and follow any rules regarding its use that are promulgated by the Michigan Supreme Court. See also MCR 3.907(D). The law further requires the SCAO, under the Supreme Court’s supervision and direction and in collaboration with local courts, to determine the appropriate detention screening tool. MCL 712A.15(3). Additionally, MCR 3.933, MCR 3.935, and MCR 3.944 require the court to consult the results of the detention screening tool before detaining a juvenile in a secure facility. A new detention screening tool must be conducted prior to each placement in a secure facility. MCR 3.907(D). “The court must share the results of the detention screening tool with all parties at least 7 days before a detention hearing as provided in MCR 3.922(B)(4).” MCR 3.907(D). See also MCL 712A.15(3).
The detention screening tool that meets the criteria set forth in the relevant statutes and is approved by the SCAO is listed in the Juvenile Justice Screening and Assessment Tools Guidelines.
1.Individual’s/Agency’s Use of Results
A risks and needs assessment must be conducted by a designated, trained individual or agency on each juvenile prior to dispositional recommendation. MCL 712A.18(9); MCR 3.907(E). Local jurisdictions can select a risk and needs assessment tool, as long as the tool is research-based, nationally validated, and complies with SCAO guidelines. The risk and needs assessment tools that meet the criteria set forth in the relevant statutes and are approved by the SCAO are listed in the Juvenile Justice Screening and Assessment Tools Guidelines. “The individual or agency conducting an assessment under this subrule must use the results of the assessment to inform a dispositional recommendation that must be filed with the court.” MCR 3.907(E)(1). See also MCL 712A.18(9)(b). In making the most appropriate dispositional recommendation, an individual or agency must consider all of the following:
“(a) The least restrictive setting possible.
(b) Public safety.
(c) Victim interests.
(d) Rehabilitation of the juvenile.
(e) Improved juvenile outcomes, including, but not limited to, educational advancement.” MCR 3.907(E)(1). See also MCL 712A.18(9)(b)(i)-(v).
2.Reporting
“The results of the risk and needs assessment along with a written dispositional recommendation must be filed with the court and provided to the juvenile, juvenile’s attorney, and prosecuting attorney no less than 7 days before the dispositional hearing as provided in MCR 3.922(B)(4).” MCR 3.907(E)(2). See also MCL 712A.18(9)(a). “The written recommendation must include all of the following:”
“(a) Overall risk score.
(b) Type of supervision.
(c) Level of supervision.
(d) Length of supervision.
(e) Specific terms and conditions, including, but not limited to, frequency of reviews and requirements for early termination of supervision.” MCR 3.907(E)(2).
3.Court’s Consideration of Results
“The court must consider the results of the assessment when making a dispositional decision regarding a juvenile, including, but not limited to, whether to place a juvenile:
(a) under supervision, including the length, level, and conditions of supervision;
(b) on probation; or
(c) in out-of-home placement.” MCR 3.907(E)(3). See also MCL 712A.18(10)(a)-(c).
4.Reassessment
“The court must order that a new risk and needs assessment for the juvenile be conducted and used as provided in [MCR 3.907(E)] if any of the following conditions occur:
(a) Six months have passed since the juvenile’s last risk and needs assessment.
(b) The juvenile has experienced a major life event.
(c) There is a major change in the juvenile’s proceedings.” MCR 3.907(E)(4)(a)-(c). See also MCL 712A.18(11)(a)-(c).