3.3​Obtaining Custody of a Juvenile With a Family Division Order

The Family Division “may issue an order^[12] authorizing a peace officer or other person designated by the court to apprehend a juvenile who is absent without leave from an institution or facility to which he or she was committed under [MCL 712A.18], has violated probation, has failed to appear for a hearing on a petition charging a violation of [MCL 712A.2], is alleged to have violated a personal protection order issued under [MCL 712A.2(h)], or is alleged to have violated a valid foreign protection order.” MCL 712A.2c.¹³ The order must “set forth specifically the identity of the juvenile” and the location “where there is probable cause to believe the juvenile is to be found.” Id. “A person who interferes with the lawful attempt to execute an order issued under [MCL 712A.2c] is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.” Id.¹⁴

See also MCR 3.933(B), which allows the court to issue an order to apprehend a juvenile upon a showing of probable cause that he or she has committed an offense:

“When a petition is presented to the court, and probable cause exists to believe that a juvenile has committed an offense, the court may issue an order to apprehend the juvenile. The order may include authorization to

(1) enter specified premises as required to bring the juvenile before the court, and

(2) detain the juvenile pending preliminary hearing.

However, a juvenile may not be detained in a secure facility pending hearing unless the court has considered the results of a detention screening tool conducted on the juvenile under MCR 3.907.”

Probable cause to issue an arrest warrant exists if the facts and circumstances are “sufficient to warrant a prudent [person] in believing that the [accused] had committed or was committing an offense.” Beck v Ohio, 379 US 89, 91 (1964).