12.2Continued Jurisdiction Beyond a Juvenile’s 18th Birthday1
The Family Division has jurisdiction over juveniles under 18 years of age who violate a law or ordinance or commit a status offense. MCL 712A.2(a). However, jurisdiction may be continued until a child reaches the age of 20 or 21 under MCL 712A.2a. If the court has exercised jurisdiction over a juvenile under MCL 712A.2(a), it must extend jurisdiction until the juvenile reaches age 20, unless the court terminates jurisdiction sooner by order. MCL 712A.2a(1). However, if the court has exercised jurisdiction over a juvenile under MCL 712A.2(a)(1) for committing an enumerated serious offense, jurisdiction may be extended until the juvenile reaches age 21. MCL 712A.2a(5).2
MCL 712A.19(1) states in part that “if a child remains under the court’s jurisdiction, a cause may be terminated or an order may be amended or supplemented, within the authority granted to the court in [MCL 712A.18.]”
B.Minor Personal Protection Order Proceedings
If the court has issued a minor personal protection order (PPO) under MCL 712A.2(h), the court’s jurisdiction continues until the PPO expires, but any action regarding the PPO after the juvenile reaches age 18 is not governed by the procedures contained in the Juvenile Code.3 MCL 712A.2a(6).
C.Juveniles Committed to Public Institution or Agency4
Generally, the court retains jurisdiction over a juvenile committed under MCL 712A.18(1)(e) to a public institution or agency until the juvenile reaches age 19. MCL 712A.18c(4). However, if the juvenile was committed for violating an enumerated statute, and the court determines that the juvenile has not been rehabilitated under MCL 712A.18d(1), the court may retain jurisdiction until the juvenile reaches age 21. MCL 712A.2a(5); MCL 712A.18d(3).
MCL 712A.2a(5) and MCL 712A.18d(1) provide that the court may extend jurisdiction over a juvenile until age 21 if the juvenile is committed to a public institution or agency under MCL 712A.18(1)(e) for an offense that would be a violation or attempted violation of any of the following:
•first-degree arson, MCL 750.72;
•assault with intent to commit murder, MCL 750.83;
•assault with intent to do great bodily harm less than murder or assault by strangulation or suffocation, MCL 750.84;
•assault with intent to maim, MCL 750.86;
•assault with intent to rob and steal while unarmed, MCL 750.88;
•assault with intent to rob and steal while armed, MCL 750.89;
•attempted murder, MCL 750.91;
•first-degree home invasion, MCL 750.110a(2);
•escape from a juvenile facility, MCL 750.186a;
•first-degree murder, MCL 750.316;
•second-degree murder, MCL 750.317;
•kidnapping, MCL 750.349;
•first-degree criminal sexual conduct, MCL 750.520b;
•second-degree criminal sexual conduct, MCL 750.520c;
•third-degree criminal sexual conduct, MCL 750.520d;
•assault with intent to commit criminal sexual conduct, MCL 750.520g;
•armed robbery, MCL 750.529;
•carjacking, MCL 750.529a;
•unarmed robbery, MCL 750.530;
•bank, safe, or vault robbery, MCL 750.531; and
•possession of, or manufacture, creation, delivery, or possession with intent to manufacture, create, or deliver, 1,000 grams or more of any Schedule 1 or 2 narcotic or cocaine, MCL 333.7401(2)(a)(i) and MCL 333.7403(2)(a)(i).
“Unless adjourned for good cause, a commitment review hearing must be held as nearly as possible to, but before, the juvenile’s 19th birthday.” MCR 3.945(B)(1)(a).
At least 14 days before the review hearing, a notice of hearing must be given to the prosecuting attorney, the agency or the superintendent of the institution or facility to which the juvenile has been committed, the juvenile, and the juvenile’s parent, guardian, or legal custodian if his or her address or whereabouts are known. MCL 712A.18d(4); MCR 3.945(B)(1)(b).5
The notice must clearly indicate that the court may extend jurisdiction over the juvenile until age 21, and advise the juvenile and his or her parent, guardian, or legal custodian that the juvenile has the right to an attorney. MCL 712A.18d(4); MCR 3.945(B)(1)(b).
The court must appoint an attorney to represent a juvenile at a review hearing if counsel has not been retained or already appointed. MCL 712A.18d(4); MCR 3.945(B)(2). The court “may assess the cost of providing counsel as costs against the juvenile or those responsible for the juvenile’s support, or both, if the persons to be assessed are financially able to comply.”6 MCL 712A.18d(4).
G.Determining Continued Jurisdiction
The purpose of the required commitment review hearing is to determine whether the juvenile has been rehabilitated or still presents a serious risk to public safety. See MCL 712A.18d(1). The juvenile has the burden of proving by a preponderance of the evidence that he or she has been rehabilitated and does not present a serious risk to public safety. MCL 712A.18d(2); MCR 3.945(B)(4). In making this determination, the court must consider all of the following factors:
“(a) The extent and nature of the juvenile’s participation in education, counseling, or work programs.
(b) The juvenile’s willingness to accept responsibility for prior behavior.
(c) The juvenile’s behavior in his or her current placement.
(d) The juvenile’s prior record and character and his or her physical and mental maturity.
(e) The juvenile’s potential for violent conduct as demonstrated by prior behavior.
(f) The recommendations of the institution, agency, or facility charged with the child’s care for the juvenile’s release or continued custody.
(g) Other information the prosecuting attorney or juvenile may submit.” MCL 712A.18d(1). MCR 3.945(B)(4) contains substantially similar criteria.
In addition, the institution or agency to which the juvenile was committed must submit a commitment report, which the court must consider when deciding whether to extend jurisdiction over the juvenile. MCL 712A.18d(5); MCR 3.945(B)(3). “The report must contain information required by MCL 803.225.” MCR 3.945(B)(3). See also MCL 712A.18d(5). MCL 803.225(1) requires the commitment report to contain a description of all of the following:
“(a) The services and programs currently being utilized by, or offered to, the juvenile and the juvenile’s participation in those services and programs.
(b) Where the juvenile currently resides and the juvenile’s behavior in his or her current placement.
(c) The juvenile’s efforts toward rehabilitation.
(d) Recommendations for the juvenile’s release or continued custody.”
If the court determines that the juvenile has not been rehabilitated or that the juvenile presents a serious risk to public safety, jurisdiction over the juvenile must be continued until the juvenile reaches age 21. MCL 712A.18d(1); MCR 3.945(B)(4). However, if the institution or agency to which the juvenile was committed believes that the juvenile has been rehabilitated and does not present a serious risk to public safety, it may request a subsequent review hearing any time before the juvenile reaches age 21.7 MCL 712A.18d(3); MCR 3.945(C)(2). In addition, the court must hold a subsequent review hearing no later than every 182 days after the hearing where it extended jurisdiction. MCR 3.945(C)(1).
The Michigan Rules of Evidence, other than those with respect to privileges, do not apply to extended jurisdiction review hearings. MCR 3.945(B)(3).
H.Release of Juvenile at Age 21
If the court continues jurisdiction over the juvenile, the juvenile must be automatically discharged when he or she reaches age 21. See MCL 712A.2a(5). See also MCL 712A.5 (commitment to public institution is invalid after juvenile reaches maximum jurisdictional age under MCL 712A.2a) and MCL 803.307(2) (public wardship ends upon reaching age 21).
1 “[T]he birthday rule of age calculation applies in Michigan.” People v Woolfolk, 304 Mich App 450, 504 (2014), aff’d 497 Mich 23 (2014). Under the birthday rule, “‘a person attains a given age on the anniversary date of his or her birth.’” Woolfolk, 304 Mich App at 461, 464, 506 (holding that the common-law rule of age calculation, under which “‘one becomes of full age the first moment of the day before’ the anniversary of his or her birth[,]” is inapplicable in Michigan, and that the defendant, who shot and killed the victim on the day before the defendant’s eighteenth birthday, “was not yet eighteen years of age when the shooting occurred[]”) (emphasis supplied; citations omitted).
2 See Section 12.2(C) for the list of enumerated offenses.
3 See Chapter 13 for the applicable procedures.
4 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).
5 See Section 2.11(B) for discussion of required parental attendance at hearings after the court has taken jurisdiction over the juvenile.
6 SCAO guidelines for court-ordered reimbursement can be found at https://www.courts.michigan.gov/4a548b/siteassets/court-administration/standardsguidelines/childprotectionjuvdel/cor.pdf.
7 If continuing jurisdiction has not been established, and the institution or agency believes the juvenile has been rehabilitated or does not present a serious risk to public safety, the commitment review hearing may be held any time before the juvenile reaches age 19. MCL 712A.18d(3). In other words, the institution or agency does not have to wait until a review hearing is required to request a review hearing if it believes the juvenile satisfies the requirements of MCL 712A.18d(1).