2.11Jurisdiction of Contempt Proceedings39
The Family Division has “the power to punish for contempt of court under [MCL 600.1701 et seq.] any person who willfully violates, neglects, or refuses to obey and perform any order or process the [Family Division] has made or issued to enforce [the Juvenile Code].” MCL 712A.26. See also MCR 3.928(A), which states that “[t]he [Family Division] has the authority to hold persons in contempt of court as provided by MCL 600.1701 and [MCL] 712A.26.” Courts have inherent authority to punish contumacious conduct. Walker v Henderson (In re Contempt of United Stationers Supply Co), 239 Mich App 496, 499 (2000). However, the Legislature has authority to prescribe penalties for contempt. See Cross Co v UAW Local No 155 (AFL-CIO), 377 Mich 202, 223 (1966).
The Family Division may also enforce its reimbursement orders40, MCL 712A.18(2) and MCL 712A.18(3), and orders assessing attorney costs, MCL 712A.17c(8), MCL 712A.18(5), and MCR 3.915(E), through its contempt powers. See, generally, In re Reiswitz, 236 Mich App 158, 172 (1999).41
B.Contempt by Juvenile’s Parent or Guardian
MCL 712A.6a requires the parent or guardian of a juvenile who is within the Family Division’s jurisdiction under MCL 712A.2(a)(1) (violation of law or ordinance) to attend all hearings held pursuant to the Juvenile Code, unless excused for good cause. MCL 712A.6a adds that “[a] parent or guardian who fails to attend the juvenile’s hearing without good cause may be held in contempt and subject to fines.”42 MCL 600.1715 generally allows for a fine of not more than $7,500 or imprisonment for up to 93 days, or both, as punishment for contempt. See also MCR 3.928(A) (“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.”).43
39. For a detailed discussion of procedural requirements in contempt cases, see the Michigan Judicial Institute’s Contempt of Court Benchbook.
40.SCAO guidelines for court-ordered reimbursement can be found at https://www.courts.michigan.gov/4a548b/siteassets/court-administration/standardsguidelines/childprotectionjuvdel/cor.pdf.
41. Note, however, that “[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.” MCR 3.928(D). See MCR 6.425(D)(3) (governing incarceration for nonpayment in adult criminal and contempt cases) for guidance in determining whether a juvenile or parent has the ability to pay court-ordered financial obligations. See Section 19.2 for discussion of MCR 6.425(D)(3).
42. “Failure of a parent or guardian to attend a hearing, however, is not grounds for an adjournment, continuance, or other delay of the proceeding and does not provide a basis for appellate or other relief.” MCL 712A.6a.
43. Note, however, that “[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.” MCR 3.928(D). See MCR 6.425(D)(3) (governing incarceration for nonpayment in adult criminal and contempt cases) for guidance in determining whether a juvenile or parent has the ability to pay court-ordered financial obligations. See Section 19.2 for discussion of MCR 6.425(D)(3).