10.9Risks and Needs Assessment Before Disposition
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(A); 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. MCL 712A.2f(3)(a)-(b). 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. MCL 712A.2f(4); MCL 712A.18(13).
A.Individual’s/Agency’s Use of Results
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).
Assessment information and results, “including any admission, confession, or incriminating evidence,” are not subject to subpoena and cannot be admitted as evidence in any adjudicatory hearing or other court process. MCL 712A.18(15). See also MCR 3.907(F).
“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).
C.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).
“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).