5.26Contempt of Court — Juveniles

A.Statutory Authority to Hold Juveniles in Contempt

MCL 712A.26, provides:

“The court shall have the power to punish for contempt of court under . . . [MCL 600.1701–MCL 600.1745], any person who willfully violates, neglects, or refuses to obey and perform any order or process the court has made or issued to enforce [Chapter XIIA of the Probate Code, which covers jurisdiction, procedure, and disposition involving minors].”

B.Court Rule Governing Procedures and Penalties for Contempt in Proceedings Involving Juveniles

MCR 3.922(A) governs discovery in delinquency and child protection proceedings, and MCR 3.922(B) provides additional guidance on discovery and disclosure in delinquency matters. Failure to comply with MCR 3.922(A)(1), MCR 3.922(A)(2), MCR 3.922(B)(1), and MCR 3.922(B)(4) may result in sanctions “in keeping with those assessable under MCR 2.313.”¹ MCR 3.922(A)(4); MCR 3.922(B)(5).

MCR 3.928 provides a description of the applicable procedures and penalties for contempt of court:

“(A) Power. The court has the authority to hold persons in contempt of court as provided by MCL 600.1701 and [MCL] 712A.26. A parent, guardian, or legal custodian of a juvenile who is within the court’s jurisdiction and who fails to attend a hearing as required is subject to the contempt power as provided in MCL 712A.6a.

(B) Procedure. Contempt of court proceedings are governed by MCL 600.1711, [MCL] 600.1715, and MCR 3.606. MCR 3.982–[MCR] 3.989 govern proceedings against a minor for contempt of a minor personal protection order.

(C) Contempt by Juvenile. A juvenile under court jurisdiction who is convicted of criminal contempt of court, and who was at least 18 years of age when the contempt was committed, may be sentenced to up to 93 days in the county jail as a disposition for the contempt. Juveniles sentenced under this subrule need not be lodged separately and apart from adult prisoners. Younger juveniles found in contempt of court are subject to a juvenile disposition under these rules.

(D) Determination of Ability to Pay. A juvenile and/or parent shall not be detained or incarcerated for the nonpayment of court-ordered financial obligations as ordered by the court, unless the court determines that the juvenile and/or parent has the resources to pay and has not made a good-faith effort to do so.”

C.Jurisdiction Over Adults

A juvenile court has jurisdiction of contempt proceedings involving contempt of its orders even where the contemnor is over age 19 (when jurisdiction over the child must terminate in most delinquency cases) at the time of the hearing. In re Summerville, 148 Mich App 334, 341 (1986). Thus, the court may punish as contempt of court the failure to reimburse costs after it has terminated jurisdiction over the juvenile. In re Reiswitz, 236 Mich App 158, 163-174 (1999) (holding that the probate court could enforce its reimbursement order after the subject of the order turned 19 before fully complying with the order).

A juvenile court “acquires jurisdiction over adults pursuant to MCL 712A.6,” which “entitle[s] [the court] to render orders affecting adults which [are] necessary for the physical, mental, or moral well-being of [the juvenile].” In re Contempt of Dorsey, 306 Mich App 571, 582-583 (2014), vacated in part on other grounds 500 Mich 920 (2016).² Where a “court conclude[s] that [a parent] interfered with the court’s function, [he or she] could be punished for contempt.” Id. at 583.

1.Nonparent Adults

In child protective proceedings, the court has statutory authority to permanently restrain a nonparent adult from coming into contact with the child. MCL 712A.6b(1). The court may also order the nonparent adult to comply with and participate in the case service plan. Id. In addition to criminal penalties for violations of such orders, the court may exercise its criminal or civil contempt powers for violation of the order. See MCL 712A.6b(5).

2.Allegations of Abuse

MCL 712A.13a(4)-(5) give the court authority to order a parent, nonparent adult, or other person out of the child’s home before trial if the petition contains allegations of abuse. If a person who violates a court order issued under MCL 712A.13a is found guilty of criminal contempt, the court must order the person to jail for not more than 90 days and may fine the person not more than $500. MCL 764.15f(1)(e).

3.Contempt of Failure to Appear

The court may cite a parent for contempt in delinquency cases for failure to attend a hearing without good cause. MCL 712A.6a and MCR 3.928(A).

A court may also punish persons who fail to appear in court in response to a summons. MCL 712A.13.

4.Enforcement of Orders

The court may enforce its reimbursement orders through use of the contempt power. See MCL 712A.18b. If a parent or other adult legally responsible for the child’s care fails or refuses to obey a reimbursement order, the court that entered the order may order a wage or salary assignment to recover the amount of unpaid support. MCL 712A.18b.

The court may also enforce an order assessing attorney costs through its contempt powers. See MCL 712A.17c(8), MCL 712A.18(5), and MCR 3.915(E). See, generally, In re Reiswitz, 236 Mich App 158, 172 (1999) (discussing the court’s authority to use the contempt power to enforce its orders).

D.Enforcement of Minor Personal Protection Orders (PPOs)

The Family Division of Circuit Court has jurisdiction over proceedings involving a PPO issued under MCL 600.2950 or MCL 600.2950a, in which the respondent is a juvenile less than 18 years of age. MCL 712A.2(h). Court rules governing procedure for juvenile violations of PPOs are found in MCR 3.982–MCR 3.989. Violations of personal protection orders may be punished by contempt sanctions. See MCR 3.983 (setting forth the procedures for contempt proceedings where a respondent allegedly violates a minor PPO).

E.Authority to Punish Juvenile for Contempt Committed in Proceedings Not Under the Juvenile Code

A court may hold a juvenile in contempt of court when he or she commits contumacious acts while appearing in proceedings not governed by the Juvenile Code.³ See e.g. In re Gorcyca, 500 Mich 588 (2017); People v Joseph, 384 Mich 24, 34-35 (1970); MCL 600.1701 (giving all courts of record the authority to punish persons who are found in contempt of court).

The Michigan Supreme Court found that a trial court presiding over a divorce and custody case has the authority under MCL 600.1701(g)⁴ to impose contempt sanctions on juveniles for failing to comply with its parenting time orders. Gorcyca, 500 Mich at 621.

In Gorcyca, the Court reviewed the recommendation from the Judicial Tenure Commission regarding sanctions for a judge’s behavior during a contempt hearing in the context of a protracted divorce and custody case. Id. at 595. The trial court held three minor children in contempt for failing to comply with its order for parenting time with the father. Id. at 602-608. The Court did not specifically address whether the trial court had the authority to hold the juveniles in contempt for violation of its order issued during proceedings that did not take place under the Juvenile Code; however, it did not question the trial court’s authority to hold the children in contempt. See id. at 618, 621, citing MCL 600.1701(g) (noting that the trial court “had the statutory authority to hold any contemptuous person in contempt of court, and it certainly appears that at least [two of the minor children] blatantly defied the court’s order[]”).

In Joseph, the defendant was convicted of criminal contempt in Wayne County Circuit Court for having refused to answer questions put to him by a one-man grand jury convened by that court. Joseph, 384 Mich at 27-28. On appeal, the defendant challenged the jurisdiction of the Recorder’s Court to hear all prosecutions and proceedings for crimes committed within the corporate limits of the city of Detroit. Id. at 34. In rejecting that challenge, the Supreme Court stated:

“While contempt, like other crimes, is an affront to society as a whole, it is more directly an affront to the justice, authority and dignity of the particular court involved. Accordingly, the court with jurisdiction over the proceedings wherein the alleged contempt occurred has jurisdiction over contempt proceedings.” Joseph, 384 Mich at 35.

Thus, in Joseph, the Supreme Court concluded that the exclusive statutory grant of authority in criminal cases to Recorder’s Court did not divest Wayne County Circuit Court of the authority to utilize contempt sanctions to enforce its orders. See id. Accordingly, there is an argument based on the logic of Joseph that in the case of contumacious conduct by a juvenile not already under the court’s jurisdiction, the grant of exclusive jurisdiction over children under 17 subject to proceedings under the Juvenile Code may not divest the other court of its authority to utilize appropriate contempt sanctions, including committing the juvenile.

F.Committing Juvenile to Confinement Under Juvenile Code

If a juvenile subject to the Juvenile Code is committed to a detention facility, he or she must be confined in the least restrictive environment that will meet the needs of the juvenile and the public, and that will conform to the requirements of the Juvenile Code. MCR 3.935(D)(4). MCL 712A.16(1) establishes the general rule that a juvenile may not be jailed unless he or she is over age 15 and the juvenile’s habits or conduct are considered a menace to other juveniles, or unless the juvenile might not otherwise be safely detained. See also MCL 764.27a(2). The juvenile must be placed in a room or ward out of sight and sound of adult prisoners, and for a period not to exceed 30 days, unless longer detention is necessary for service of process. MCL 712A.16(1); MCL 764.27a(2).