3.4Conditions for Detention of Juvenile
Following the filing of a complaint or petition,1 the court may release the child into the custody of a parent, guardian, or custodian, or it may detain the juvenile in a designated facility.2 MCL 712A.15(1). Detention is permissible under the “[c]onditions for [d]etention” set out in MCR 3.935(D)(1),3 which provides:
“(1) Conditions for Detention. A juvenile may be ordered detained or continued in detention if the court finds[4] probable cause to believe the juvenile committed the offense, the results of the detention screening tool have been considered pursuant to MCR 3.907, and that one or more of the following circumstances are present:
(a) the offense alleged is so serious that release would endanger the public safety;
(b) the juvenile is charged with an offense that would be a felony if committed by an adult and will likely commit another offense pending trial, if released, and
(i) another petition is pending against the juvenile,
(ii) the juvenile is on probation, or
(iii) the juvenile has a prior adjudication, but is not under the court’s jurisdiction at the time of apprehension;
(c) there is a substantial likelihood that if the juvenile is released to the parent, guardian, or legal custodian, with or without conditions, the juvenile will fail to appear at the next court proceeding;
(d) the home conditions of the juvenile make detention necessary;
(e) the juvenile has run away from home;[5]
(f) the juvenile has failed to remain in a detention facility or nonsecure facility or placement in violation of a valid court order; or
(g) pretrial detention is otherwise specifically authorized by law.” MCR 3.935(D)(1).
See also MCL 712A.15(2), which authorizes pretrial detention. Several provisions in MCL 712A.15(2) have been incorporated into MCR 3.935(D)(1). Additionally, subject to MCL 712A.15(3), MCL 712A.15(2) allows for detention pending a hearing for juveniles:
“(b) . . . who have a record of unexcused failures to appear at juvenile court proceedings[, or]
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(e) . . . who have allegedly violated a personal protection order and for whom it appears there is a substantial likelihood of retaliation or continued violation.”
An individual or agency designated by the court must use a detention screening tool before a juvenile may be detained in a secure facility pending hearing. MCL 712A.15(3). The court must “consult the results of the detention screening tool and follow” applicable court rules before detaining a juvenile. Id. “The court shall share the results of the detention screening tool with all parties before a juvenile’s detention hearing. The state court administrative office, under the supervision and direction of the supreme court and in collaboration with local courts, shall determine the appropriate detention screening tool.” Id.
“Any statement, admission, confession, or incriminating evidence obtained from a juvenile in the course of a screening under [MCL 712A.15] is not admissible as evidence in an adjudicatory hearing in which the juvenile is accused, is not subject to subpoena, and may not be used in any other court proceeding or for any other purpose.” MCL 712A.15(3).
The juvenile may contest the sufficiency of the evidence supporting a probable cause finding under MCR 3.935(D)(1). MCR 3.935(D)(3). The Michigan Rules of Evidence do not apply, except those with respect to privileges. Id.
A juvenile may waive the probable cause determination required by MCR 3.935(D)(1), but only if he or she is represented by an attorney. MCR 3.935(D)(2).
See Schall v Martin, 467 US 253, 255-257 (1984), upholding the constitutionality of a state’s “preventive detention” statute, which allowed for pretrial detention of a juvenile accused of delinquency if there was a serious risk of the juvenile committing another crime before the next court hearing.
The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of 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
1 MCL 712A.15(1) defines “petition” as including a petition, supplemental petition, petition for revocation of probation, supplemental petition alleging a personal protection order (PPO) violation, or a petition or supplemental petition alleging a violation of a court order under MCL 712A.2(a)(2)-(4).
2 See Sections 3.5 (juvenile delinquency), 3.6 (status offenders), 3.7 (designated cases), 3.8 (automatic wiaver cases), and 3.9 (traditional waiver cases) for discussion of permissible places of detention for various categories of juveniles.
3 Additionally, when determining whether to release or detain a juvenile following preliminary hearing, the Family Division must consider the factors set out in MCR 3.935(C)(1). See Section 6.3(G) for discussion of these factors.
4 MCR 3.934(B)(1) also provides for the temporary detention, pending preliminary hearing, of a juvenile who is apprehended without a court order when the court is not open, “if the offense or the juvenile meets a circumstance set forth in MCR 3.935(D)(1)[]” (or “if no parent, guardian, or legal custodian can be located[]”). In such a case, “a judge, referee, or other [designated] person” must be contacted for permission to detain the juvenile. MCR 3.934(B)(2). See Section 3.1 and Section 3.2(C) for discussion of temporary detention when the court is not open.
5 But see Section 3.6 for discussion of limitations on the detention of status offenders.
6 See Section 10.11 for additional information on MCR 3.937.