18.2Costs Assessed Against Juvenile¹

“[A] court cannot impose penalties or costs in a criminal case unless specifically authorized by statute.” In re Killich, 319 Mich App 331, 336 (2017) (citing People v Cunningham, 496 Mich 145, 149-151 (2014), and additionally noting that although “delinquency proceedings under the Juvenile Code are not criminal cases[,] . . . when addressing a question implicating the Juvenile Code,” a court may “look[] to the adult criminal code and cases that interpret it so long as they are not in conflict or duplicative of a Juvenile Code provision[]”).

The court shall not order the juvenile or the juvenile’s parent, guardian, or legal custodian to pay fines associated with a violation of a municipal ordinance or a state or federal law if another disposition under [MCL 712A.18] has been ordered.” MCL 712A.18(1)(j). However, if the court finds that a juvenile comes under MCL 712A.30, it 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(5).

MCL 780.905, governing the crime victim’s rights assessment, provides, in relevant part:

“(1) The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by conviction, assignment of the defendant to youthful trainee status, a delayed sentence or deferred entry of judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, to pay an assessment as follows:

(a) If the offense is a felony, $130.00.

(b) If the offense is a misdemeanor or ordinance violation, $75.00.

(2) The court shall order a defendant to pay only 1 assessment under [MCL 780.905(1)] per criminal case.   .   .   .

(3) The court shall order each juvenile for whom the court enters an order of disposition for a juvenile offense to pay an assessment of $25.00. The court shall order a juvenile to pay only 1 assessment under this subsection per case.

(4) Except as otherwise provided under [the Crime Victims Rights Services Act], an assessment under [MCL 780.905] shall be used to pay for crime victim’s rights services.”

“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.

A court may order a juvenile within its jurisdiction to engage in community service, but “[t]he court shall not order the juvenile or the juvenile’s parent, guardian, or legal custodian to pay for fees or costs associated with community service.” MCL 712A.18(1)(i). In addition, “[t]he court shall not order the juvenile or the juvenile’s parent, guardian, or legal custodian to pay for the costs of care, services, court-appointed attorney representation, or other costs or assessments related to the juvenile’s court proceeding.” MCL 712A.18(3).

An order directed to a juvenile’s parent or anyone other than the juvenile is not effective and binding on that person unless the individual has been served a copy of the order as provided in MCL 712A.13 and given an opportunity for a hearing on the matter by summons or notice as provided in MCL 712A.12 or MCL 712A.13. MCL 712A.18(4).

An order directed to anyone other than the juvenile is not binding on that person unless he or she has been served a copy of the order and given an opportunity for a hearing on the matter. MCL 769.1(8). Service of the order must be either by personal service or first-class mail to the person’s last-known address. Id.

The juvenile must not be placed outside of his or her home solely based on nonpayment of restitution or inability to perform community services. MCL 712A.18(7).

Money collected for juveniles placed in or committed to the DHHS or a county juvenile agency must be reported on an individual juvenile basis. MCL 712A.18(2).

In designated proceedings, if the court imposes a sentence of probation in the same manner as probation could be imposed upon an adult, or enters an order of disposition delaying imposition of sentence and places a juvenile on probation, the probation supervision and related services must not be performed by employees of the Department of Corrections. MCL 712A.9a²; MCL 712A.18(1)(o).