10.10Dispositional Options Available to Court

“If [a] juvenile has been found to have committed an offense[1] and the court has considered the results of a risk and needs assessment pursuant to MCR 3.907, the court may enter an order of disposition as provided by MCL 712A.18.” MCR 3.943(E)(1).2 Both the Juvenile Code and the applicable court rules state a preference for leaving the juvenile in his or her home. See MCL 712A.1(3), which states that “[i]f a juvenile is removed from the control of his or her parents, the juvenile shall be placed in care as nearly as possible equivalent to the care that should have been given to the juvenile by his or her parents.” See also MCR 3.902(B), which contains substantially similar language.

MCL 712A.18(1) states:

“If the court finds that a juvenile concerning whom a petition is filed is not within [the Juvenile Code], the court shall enter an order dismissing the petition. Except as otherwise provided in [MCL 712A.18(8)] and subject to [MCL 712A.18(9)],[3] if the court finds that a juvenile is within [the Juvenile Code], the court shall order the juvenile returned to the juvenile’s parent if the return of the juvenile to the juvenile’s parent would not cause a substantial risk of harm to the juvenile or society. Subject to [MCL 712A.18(9)], the court may also enter any of the following orders of disposition that are appropriate for the welfare of the juvenile and society in view of the facts proven and ascertained[.]”4

A court’s authority to make dispositional orders extends beyond the remedies listed in MCL 712A.18. In re Macomber, 436 Mich 386, 393, 398 (1990). In In re Macomber, 436 Mich at 398, the Michigan Supreme Court stated:

“We are persuaded that to interpret the Juvenile Code only to authorize the dispositional remedies expressly provided in [MCL 712A.18] would severely limit the . . . court’s effectiveness in providing for the well-being of children.”

If a juvenile who is a student at a school in Michigan is adjudicated for committing criminal sexual conduct or assault with intent to commit sexual conduct involving sexual penetration or in the second degree, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, or MCL 750.520g, a court must include in its adjudication order that the juvenile is prohibited from “attending the same school building that is attended by the victim of the violation.” MCL 750.520o(1)(a). The court order must also prohibit the juvenile from “[u]tilizing a school bus for transportation to and from any school if . . . the juvenile will have contact with the victim during use of the school bus.” MCL 750.520o(1)(b).5

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).6

The court’s dispositional requirements options under MCL 712A.18 are discussed in the following subsections.

A.Return Juvenile to His or Her Parents

In addition to entering any of the dispositional orders listed in MCL 712A.18(1)(a)-(o), the court must “order the juvenile returned to his or her parent if the return of the juvenile to his or her parent would not cause a substantial risk of harm to the juvenile or society.” MCL 712A.18(1). This requirement was added to the statute effective June 12, 2018. See 2018 PA 58. To date, no cases have discussed its application.

B.Warn Juvenile and Dismiss Petition

The court may warn the juvenile or the juvenile’s parents, guardian, or custodian and dismiss the petition. If the juvenile’s offense has resulted in financial damages to any victim, the court must order the juvenile or the juvenile’s parent to pay restitution as provided in MCL 712A.30, MCL 712A.31, MCL 780.794, and MCL 780.795. MCL 712A.18(1)(a); MCL 712A.18(7).

C.In-Home Probation

A court may “[p]lace the juvenile on probation, or under supervision in the juvenile’s own home or in the home of an adult who is related to the juvenile.” MCL 712A.18(1)(b). For purposes of MCL 712A.18, “related” means a relative as that term is defined in [MCL 712A.13a].” MCL 712A.18(1)(b). “Relative” means “an individual who is at least 18 years of age and related to the child by blood, marriage, or adoption, as grandparent, great-grandparent, great-great-grandparent, aunt or uncle, great-aunt or great-uncle, great-great-aunt or great-great-uncle, sibling, stepsibling, nephew or niece, first cousin or first cousin once removed, and the spouse of any of the above, even after the marriage has ended by death or divorce. A stepparent, ex-stepparent, or the parent who shares custody of a half-sibling shall be considered a relative for the purpose of placement.” MCL 712A.13a(j).

The court must order terms and conditions of probation or suspension, including reasonable rules governing the conduct of the parents, guardian, or custodian, if any, as the court believes determines necessary for the physical, mental, or moral well-being and behavior of the juvenile. MCL 712A.18(1)(b).7 As a condition of probation or supervision, the court must order the juvenile to pay the minimum state cost prescribed by MCL 712A.18m. MCL 712A.18(1)(b). The court may also order a juvenile to participate in a drug treatment court as a term of probation.8 Id.

Unlike the statutes governing probation in criminal cases,9 MCL 712A.18 does not contain mandatory and discretionary probation terms and conditions.10 

D.Foster Care

The court may place the juvenile in a suitable foster care home subject to the court’s supervision. MCL 712A.18(1)(c).

Once in foster care,11 the DHHS may place the child in a qualified residential treatment program (QRTP). See MCL 722.123a. Once placed, the court or its designated administrative body must approve or disapprove of a child’s placement in a qualified residential treatment program. MCL 722.123a(3); see also MCR 3.947. A QRTP is a program within a child caring institution that provides specialized services to the minor children placed there. See MCL 722.111(w). A QRTP has a trauma-informed treatment model in which an awareness and knowledge of trauma and skills in dealing with trauma are included in the program’s culture, practices, and policies. MCL 722.111(w)(i). Registered or licensed nursing and clinical staff are on-site or are available 24/7 to provide care in the scope of their practices. MCL 722.111(w)(ii). In addition, a QRTP “integrates families into treatment, including maintaining sibling connections,” provides services for at least six months after discharge, is accredited as indicated in 42 USC 672(k)(4)(G) by an independent not-for-profit organization, and “does not include a detention facility, forestry camp, training school, or other facility operated primarily for detaining minor children who are determined to be delinquent.” MCL 722.111(w)(iii)-(vi).

Within 30 days of placing a child in a QRTP, the Department of Health and Human Services (DHHS) must have a qualified individual12 conduct an assessment of the child’s strengths and needs, determine which placement most aligns with the child’s needs, and develop a list of mental and behavioral health goals for the child. See MCL 722.123a(1) for more information.

DHHS must file an ex parte petition requesting the court approve or disapprove the juvenile’s placement in a QRTP within 45 days of the initial placement. MCR 3.947(A)(1). The petition must “be accompanied by the assessment, determination, and documentation made by the qualified individual,” and the DHHS must serve all parties with the ex parte petition and all accompanying documentation. MCR 3.947(A)(1)(a)-(b). See also MCL 722.123a(1)-(2). “Within 14 days of filing, the court, or an administrative body appointed or approved by the court independently, shall review the petition, and any supporting documentation filed pursuant to [MCR 3.947(A)], and issue an order approving or disapproving of the placement.” MCR 3.947(A)(2); MCL 722.123a(3)(a); MCL 722.123a(3)(c). “The court is not required to hold a hearing on the ex parte petition under [MCR 3.947(A)].” MCR 3.947(A)(2). The order shall include individualized findings by the court or administrative body as to whether the child’s needs can be met in foster care, or if not, whether placement in a QRTP “provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the goals for the child, as specified in the permanency plan for the child.” MCL 722.123a(3)(b); MCR 3.947(2)(a)-(c). The court’s or administrative body’s written documentation of the determination and QRTP approval or disapproval must be made part of the child’s case plan. MCL 722.123a(4). “The court shall serve the order on parties.” MCR 3.947(A)(2).

“As long as a child remains placed in a qualified residential treatment program, the department must submit evidence at each dispositional review hearing and each permanency planning hearing held with respect to the child that does the following:

(a) Demonstrates that ongoing assessment of the strengths and needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.

(b) Documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services.

(c) Documents the reasonable efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.” MCL 722.123a(5).

The court must approve or disapprove of a child’s placement in a QRTP when the matter is raised in a review hearing or a permanency planning hearing. MCL 712A.19(10); MCL 712A.19a(14); MCL 722.123a(6).

Detailed information about the treatment and services provided to a child placed in a QRTP, and the assessment and monitoring of a child’s progress in the program by a qualified professional is found in MCL 722.123a.

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).13

E.Placement in or Commitment to a Private Institution or Agency

The court may place the juvenile in or commit the juvenile to a private institution or agency approved or licensed by the Department of Health and Human Services’ division of child welfare licensing for the care of juveniles of similar age, sex, and characteristics. MCL 712A.18(1)(d). The court must transmit a summary of its information concerning the child with the order of disposition. MCL 712A.24.

MCL 712A.18a sets out special requirements for placing a juvenile in or committing a juvenile to a private institution or agency outside of Michigan:

“If desirable or necessary, the court may place a ward of the court in or commit a ward of the court to a private institution or agency incorporated under the laws of another state and approved or licensed by that state’s department of social welfare, or the equivalent approving or licensing agency, for the care of children of similar age, sex, and characteristics.”

However, MCR 3.943(E)(3) provides that before a juvenile may be placed in an institution outside of Michigan, the court must find that:

“(a) institutional care is in the best interests of the juvenile,

b) equivalent facilities to meet the juvenile’s needs are not available within Michigan, and

(c) the placement will not cause undue hardship.”

In a placement under MCL 712A.18(1)(d) or a commitment under MCL 712A.18(1)(e), “except to a state institution or a county juvenile agency, the juvenile’s religious affiliation must be protected by placement or commitment to a private child placing or child caring agency or institution, if available.” MCL 712A.18(1)(e).

Committing the juvenile to a private institution or agency does not divest the Family Division of jurisdiction unless the juvenile is legally adopted. MCL 712A.5.

Note: A juvenile about whom “a complaint has been made or a petition has been filed under [MCL 712A.1 et seq.],” may be detained pending hearing “in a facility as the court designates,” MCL 712A.15(1), provided the child meets at least one of the conditions in MCL 712A.15(2), and subject to the risk-screening requirements in MCL 712A.15(3).

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).14

F.Commitment to a Public Institution or Agency15

MCL 712A.18(1)(e) states in part:

“Except as otherwise provided in this subdivision, [the court may] commit the juvenile to a public institution, county facility, institution operated as an agency of the court or county, or agency authorized by law to receive juveniles of similar age, sex, and characteristics. If the juvenile is not a ward of the court, the court shall commit the juvenile to the [Department of Health and Human Services (DHHS)] or, if the county is a county juvenile agency, to that county juvenile agency for placement in or commitment to an institution or facility as the [DHHS] or county juvenile agency determines is most appropriate, subject to any initial level of placement the court designates.”

In a placement under MCL 712A.18(1)(d) or a commitment under MCL 712A.18(1)(e), “except to a state institution or a county juvenile agency, the juvenile’s religious affiliation must be protected by placement or commitment to a private child placing or child caring agency or institution, if available.” MCL 712A.18(1)(e).

“In a proceeding under [MCL 712A.2(h)16], [MCL 712A.18] only applies to a disposition for a violation of a personal protection order and subsequent proceedings.” MCL 712A.18(21). MCR 3.988 governs the procedure for dispositional hearings on violations of a minor personal protection order issued under MCL 600.2950 and MCL 600.2950a, and contains language substantially similar to MCL 600.2950(23) and MCL 600.2950a(23) as to penalties and dispositional alternatives for minor respondents.

Where a court continues wardship over a juvenile and commits the juvenile to the DHHS, the court retains control over the juvenile’s placement. In re Family Independence Agency (On Rehearing), 248 Mich App 565, 569, 571-572 (2001). In In re Family Independence Agency, 248 Mich App at 567, the Family Division judge entered an order of disposition that continued temporary wardship over the juvenile, committed the juvenile to the DHHS,17 and directed the DHHS to place the juvenile in the Maxey Boys Training School. The DHHS sought an order of superintending control and argued that the court’s order deprived it of its authority under MCL 712A.18(1)(e) to determine an appropriate placement for the juvenile. In re Family Independence Agency, 248 Mich App at 567-568. The Court of Appeals concluded that the first sentence of MCL 712A.18(1)(e) gives the Family Division general authority to commit juveniles to the facilities and institutions designated in the statute. In re Family Independence Agency, 248 Mich App at 571. The only limitation on that authority arises when the juvenile is not continued as a court ward. Id. If the juvenile is not a court ward, the court must commit the juvenile to the DHHS or a county juvenile agency and may only designate an initial level of placement.18 Id.

Placement options include:

Referral to the DHHS for placement and care under MCL 400.55(h). See SCAO Form JC 14b, Order of Disposition, Out-of-Home (Delinquency Proceedings).

Commitment to the DHHS under the Youth Rehabilitation Services Act, MCL 803.301 et seq. See MCL 712A.18(1)(e). See also SCAO Form JC 14b, Order of Disposition, Out-of-Home (Delinquency Proceedings).

Placement in a juvenile boot camp program19 established by the DHHS under MCL 400.1301 et seq. MCL 712A.18(1)(n). See also SCAO Form JC 14b, Order of Disposition, Out-of-Home (Delinquency Proceedings).

Commitment to a detention facility for use of a firearm. MCL 712A.18g(1)(c); MCR 3.943(E)(7)(a). Pursuant to these provisions, a juvenile must be committed under MCL 712A.18(1)(e) to a detention facility for a specified period of time if the court finds that the juvenile used a firearm during a criminal violation. MCL 712A.18g(1)(c); MCR 3.943(E)(7)(a). The period of time in detention shall not exceed the length of the sentence that could have been imposed if the juvenile had been sentenced as an adult for the offense. MCL 712A.18g(2); MCR 3.943(E)(7)(b).

Note: A juvenile about whom “a complaint has been made or a petition has been filed under [MCL 712A.1 et seq.],” may be detained pending hearing “in a facility as the court designates,” MCL 712A.15(1), provided the child meets at least one of the conditions in MCL 712A.15(2), and subject to the risk-screening requirements in MCL 712A.15(3).

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).20

G.Order for Health Care

The court may “[p]rovide the juvenile with medical, dental, surgical, or other health care, in a local hospital if available, or elsewhere, maintaining as much as possible a local physician-patient relationship, and with clothing and other incidental items the court determines are necessary.” MCL 712A.18(1)(f).

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).21

H.Orders Directed to Parents and Other Adults22

1.Refrain From Conduct Harmful to the Juvenile

The court may “[o]rder the parents, guardian, custodian, or any other person to refrain from continuing conduct that the court determines has caused or tended to cause the juvenile to come within or to remain under [the court’s jurisdiction] or that obstructs placement or commitment of the juvenile” pursuant to a dispositional order. MCL 712A.18(1)(g). See also MCL 712A.6 (court has jurisdiction over adults and may make such orders affecting adults that it finds necessary for physical, mental, or moral well-being of juveniles under its jurisdiction).

“There are no limits to the ‘conduct’ [under MCL 712A.18(1)(g)] which the court might find harmful to a child.” In re Macomber, 436 Mich at 393 (upholding trial court’s order removing sexually abusive father from family home).

2.Participate in Treatment

The court may “order the juvenile’s parent or guardian to personally participate in treatment reasonably available in the parent’s or guardian’s location.” MCL 712A.18(1)(m).

3.Notice and Opportunity for Hearing

An order directed to a parent or other person who is not the juvenile is not binding (1) unless the parent or other person has been given an opportunity for a hearing pursuant to the issuance and service of a summons or notice as provided in MCL 712A.12 and MCL 712A.13, and (2) until the parent or other person is served with a copy of the order as provided in MCL 712A.13. MCL 712A.18(4).

I.Appoint a Guardian

Pursuant to a petition filed with the court by a person interested in the welfare of the juvenile, the court may appoint a guardian under MCL 700.5204. MCL 712A.18(1)(h). If the court appoints a guardian under MCL 712A.18(1)(h), it may dismiss the petition under MCL 712A.1 et seq. MCL 712A.18(1)(h).

J.Community Service

The court may “order the juvenile to engage in community service.” MCL 712A.18(1)(i).

K.Civil Fines

The court may “order the juvenile to pay a civil fine in the amount of the civil or penal fine provided by the ordinance or law” that the juvenile violated. MCL 712A.18(1)(j).

The maximum amount of a penal fine is usually found in the penal statute that defines the offense. If the penal statute is silent on the amount of the fine, then the maximum amount of the fine is $5,000 for a felony and $500 for a misdemeanor. MCL 750.503; MCL 750.504.

“Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.” MCR 1.110.

L.Placement in a Secure Facility

If the court finds that the juvenile has violated an order under MCL 712A.2(a)(2)-(4), it may order the juvenile placed in a secure facility.23 MCL 712A.18(1)(k). The court order “must state all of the following:

(i) The court order the juvenile violated.

(ii) The factual basis for determining that there was reasonable cause to believe that the juvenile violated the court order.

(iii) The court’s finding of fact to support a determination that there is no appropriate less restrictive alternative placement available considering the best interests of the juvenile.

(iv) The length of time, not to exceed 7 days, that the juvenile may remain in the secure facility and the plan for the juvenile’s release from the facility.

(v) That the order may not be renewed or extended.” MCL 712A.18(1)(k).

The court may issue a subsequent order under MCL 712A.18(1)(k) for a second or subsequent violation of a court order under MCL 712A.2(a)(2)-(4), “but only if the court finds both of the following:

(i) The juvenile violated a court order after the date that the court issued the first order under [MCL 712A.18(1)(k)].

(ii) The court has procedures in place to ensure that a juvenile held in a secure facility by a court order is not in custody more than 7 days or the length of time authorized by the court, whichever is shorter.” MCL 712A.18(1)(l).

Note: A juvenile about whom “a complaint has been made or a petition has been filed under [MCL 712A.1 et seq.],” may be detained pending hearing “in a facility as the court designates,” MCL 712A.15(1), provided the child meets at least one of the conditions in MCL 712A.15(2). “Before a juvenile may be detained in a secure facility pending hearing, an individual or agency designated by the court shall use a detention screening tool on the juvenile,” and “shall consult the results of the detention screening tool and follow any rules regarding its use that are promulgated by the supreme court.” MCL 712A.15(3).

“A juvenile taken into custody under [MCL 712A.2(a)(2)-(4)] must not be detained in a cell or other secure area of a secure facility designed to incarcerate adults unless . . . 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)].” MCL 712A.15(6)(b).“Except as otherwise provided in [MCL 712A.15], the court may order a juvenile 15 years of age or older whose habits or conduct are considered a menace to other juveniles, or who may not otherwise be safely detained, placed in a jail or other place of detention for adults, but in a room or ward separate from adults and for not more than 30 days, unless longer detention is necessary for the service of process.” MCL 712A.16(1).

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).24

M.Juvenile Boot Camp

The court may place the juvenile in and order the juvenile to satisfactorily complete a training program in a juvenile boot camp established by the Department of Health and Human Services (DHHS) under the Juvenile Boot Camp Act, MCL 400.1301 et seq. MCL 712A.18(1)(n). If the county is a county juvenile agency, the court must commit the juvenile to the county juvenile agency for placement in a boot camp program. Id.25

“A juvenile boot camp program shall provide a program of physically strenuous work and exercise, patterned after military basic training, and other programming as the [DHHS] determines, including at a minimum educational and substance abuse programs, and counseling.” MCL 400.1304.

When deciding whether to place a juvenile in or commit a juvenile to a juvenile boot camp program, a court must determine all of the following:

“(i) Placement in a juvenile boot camp will benefit the juvenile.

(ii) The juvenile is physically able to participate in the program.

(iii) The juvenile does not appear to have any mental handicap that would prevent participation in the program.

(iv) The juvenile will not be a danger to other juveniles in the boot camp.

(v) There is an opening in a juvenile boot camp program.

(vi) If the court must commit the juvenile to a county juvenile agency, the county juvenile agency is able to place the juvenile in a juvenile boot camp program.” MCL 712A.18(1)(n).

A juvenile’s placement in a juvenile boot camp is limited to a period of not less than 90 days or more than 180 days. MCL 400.1305(2). Following satisfactory completion of the juvenile boot camp program, the juvenile must complete an additional period of not less than 120 days or more than 180 days of intensive supervised community reintegration in the juvenile’s local community. MCL 400.1305(3); MCL 712A.18(1)(n).

If (1) a juvenile does not meet the program’s requirements, (2) there is no opening in a program, (3) the county juvenile agency is unable to place the juvenile in a juvenile boot camp program, (4) the juvenile does not perform satisfactorily, or (5) the juvenile is medically unable to participate in the program for more than 25 days, the juvenile must be returned to the court for entry of an alternative order of disposition. MCL 400.1305(1)-(2); MCL 712A.18(18). A juvenile must not be placed in a juvenile boot camp pursuant to an order of disposition more than once. MCL 712A.18(18). However, if (1) the juvenile was returned to the court for a medical condition, (2) there was no opening in a juvenile boot camp program at the time of disposition, or (3) the county juvenile agency was unable to place the juvenile in a boot camp program, the juvenile may be placed again in the juvenile boot camp program after the medical condition is corrected, an opening becomes available, or the county juvenile agency is able to place the juvenile. Id.

The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).26

N.Restitution

If the juvenile’s offense has resulted in financial damages to any victim, then the court must order the juvenile or the juvenile’s parent to pay restitution as provided in MCL 712A.30, MCL 712A.31, MCL 780.794, and MCL 780.795. MCL 712A.18(7); MCL 712A.30(2).27

1    An “offense by a juvenile” is defined as a violation of a criminal law or ordinance, violation of a traffic law, or commission of a status offense. MCR 3.903(B)(3).

2    See also MCL 712A.2(i), which provides, in relevant part:

“In a proceeding under [the Juvenile Code] concerning a juvenile’s care and supervision, the court may issue orders affecting a party as necessary[ until] . . . May 1, 2018. As used in this subdivision, ‘party’ means 1 of the following:

(i) In a delinquency proceeding, the petitioner and juvenile.”

3    MCL 712A.18(8) and MCL 28.243 require the Family Division, before entering an order of disposition or a judgment of sentence, to ensure that the juvenile’s biometric data, including fingerprints, have been collected and forwarded as required by law.

4   Orders that may be appropriate are listed in MCL 712A.18(1)(a)-(p).

5   See the Michigan Judicial Institute’s Sexual Assault Benchbook, Chapter 8, for more information on MCL 750.520o.

6    See Section 10.11 for additional information on MCR 3.937.

7    See Section 2.12 and Section 10.10(H) for further discussion of the court’s authority to enter orders concerning adults.

8    See the Michigan Judicial Institute’s Controlled Substances Benchbook, Chapter 10, for more information on drug treatment courts.

9    See MCL 771.3.

10    But see the Michigan Judicial Institute’s Crime Victim Rights Benchbook for mandatory conditions when restitution has been ordered as a condition of probation.

11   “Foster care” is “24-hour substitute care for a child placed away from his or her parent or guardian and for whom the title IV-E agency has placement and care responsibility.” MCL 722.123a(9)(a).

12   A “qualified individual” is “a trained professional or licensed clinician who is not an employee of the department and who is not connected to, or affiliated with, any placement setting in which children are placed by the department. The department may seek a waiver from the [United States Secretary of the Department of Health and Human Services] to approve a qualified individual who does not meet the criteria in this subdivision to conduct the assessment. The individual must maintain objectivity with respect to determining the most effective and appropriate placement for the child.” MCL 722.123a(9)(b)-(c).

13    See Section 10.11 for additional information on MCR 3.937.

14    See Section 10.11 for additional information on MCR 3.937.

15   Public agency “means the [Department of Health and Human Services], a local unit of government, the family division of the circuit court, the juvenile division of the probate court, or a county juvenile agency.” MCL 712A.1(1)(o).

16   MCL 712A.2(h) gives the Family Division of Circuit Court jurisdiction over PPO proceedings under MCL 600.2950 and MCL 600.2950a in which the respondent is under age 18.

17    Formerly the Family Independence Agency (FIA).

18    If the court designates an initial level of placement, eligibility for funding under Title IV-E of the Social Security Act may be affected. See the DHHS Children’s Foster Care Manual (FOM), Funding Determinations and Title IV-E Eligibility, 902, p 13, which states that in order to be eligible for Title IV-E funds, the court’s order must make the DHHS “solely responsible for the child’s placement and care.” In addition, “[i]f the delinquency court supervises the youth’s delinquency case and assumes placement and care responsibilities, then the youth is not title IV-E eligible.” DHHS FOM, p 14. However, a juvenile may still be eligible for Title IV-E funds if the court orders placement as long as the court meets all requirements as stated in the DHHS FOM. See DHHS FOM, pp 14-15.

19    This placement is authorized by MCL 712A.18(1)(n) and is discussed in Section 10.10(M).

20    See Section 10.11 for additional information on MCR 3.937.

21    See Section 10.11 for additional information on MCR 3.937.

22    See Section 2.12 for further discussion of the court’s authority to enter orders concerning adults.

23   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).

24    See Section 10.11 for additional information on MCR 3.937.

25    The only county eligible to be a county juvenile agency is Wayne County. See House Legislative Analysis, SB 1185, December 9, 1998; see also Section (C). Currently, it is not operating as a county juvenile agency.

26    See Section 10.11 for additional information on MCR 3.937.

27    See the Michigan Judicial Institute’s Crime Victim Rights Benchbook for discussion of restitution requirements.