Chapter 1: Introduction

In this chapter. . .

This chapter provides an overview of the topics addressed in this benchbook. Section 1.1 summarizes the different types of proceedings described in this benchbook and contains cross-references to the chapters applicable to each type of proceeding. Section 1.2 and Section 1.3 discuss the court rules and statutes that govern proceedings involving juveniles. Section 1.6 briefly addresses the appointment of foreign language interpreters, which may be required in any proceeding involving a juvenile; Section 1.7 briefly addresses the Michigan Indigent Defense Commission Act (MIDCA), MCL 780.981 et seq., which applies to juveniles who are charged with felony offenses in traditional waiver, designated, and automatic waiver proceedings; and Section 1.8 briefly addresses juvenile mental health courts. Section 1.9 summarizes the procedural options available to the Family Division when a delinquency petition is filed, including diversion, the consent calendar, and the formal calendar. Section 1.10 provides a brief introduction to minor personal protection order (PPO) proceedings. Finally, Section 1.11 compares the various methods by which a juvenile may be tried and sentenced in the same manner as an adult (traditional waiver, designated, and automatic waiver proceedings).

1.1Summary of Benchbook Contents

This benchbook discusses the procedures applicable to juvenile delinquency cases, personal protection order cases involving a juvenile respondent, and cases in which a juvenile may be tried and sentenced in the same manner as an adult, either by designation in the Family Division or by waiver to a court of general criminal jurisdiction.1

The organization of this benchbook reflects five different types of proceedings involving juveniles charged with criminal offenses, status offenses, and violations of personal protection orders, as follows.2 

A.Delinquency Proceedings—Chapters 4–12

Delinquency proceedings concern juveniles under age 17 who are charged with a violation of a criminal law, criminal ordinance, or traffic law, or with a status offense3 (running away from home, incorrigibility, truancy, or status as a so-called “wayward minor”).4 Delinquency proceedings occur within the Family Division. If the juvenile is found responsible for the offense, the Family Division may order a juvenile disposition, such as placing the juvenile on probation or committing the juvenile to state wardship.

B.Minor Personal Protection Order Proceedings—Chapter 13

A personal protection orders (PPO) may be used to enjoin abusive conduct and stalking. The Family Division has jurisdiction under the Juvenile Code to conduct PPO proceedings involving a respondent who is under age 18. A violation of a PPO results in contempt proceedings. If the respondent is under 17 years old at the time of the violation, the court may impose a juvenile disposition for the violation. If the respondent is 17 years old or older, the court must impose a criminal sanction for a criminal contempt violation of a PPO or a civil contempt sanction for a civil contempt violation of a PPO.

C.Traditional Waiver Proceedings—Chapter 14

If a juvenile who is 14, 15, or 16 years old is accused of committing a felony, the prosecuting attorney may file a motion asking the Family Division to waive its delinquency jurisdiction to allow the juvenile to be tried in the same manner as an adult in a court of general criminal jurisdiction. The Family Division then conducts a two-phase hearing to determine (1) whether there is probable cause that the juvenile committed a felony and (2) whether it is in the best interests of the juvenile and the public to grant a waiver of jurisdiction. If the Family Division waives jurisdiction over the juvenile, a criminal trial takes place in the court of general criminal jurisdiction. Following conviction, the juvenile must be sentenced as an adult.

D.Designated Proceedings—Chapter 15

If a petition alleges a specified juvenile violation,5 the prosecutor may designate the case for trial in the Family Division in the same manner as an adult. If the petition alleges an offense that is not a specified juvenile violation, the prosecutor may request that the Family Division conduct a hearing to determine if the best interests of the juvenile and the public would be served by trying the juvenile in the Family Division in the same manner as an adult. A plea of guilty or nolo contendere, or a verdict of guilty, results in a criminal conviction. Following conviction in a designated proceeding, the court may enter a juvenile disposition; impose any sentence that could be imposed upon an adult convicted of the same offense, if the court determines that the best interests of the public would be served by imposing such a sentence; or delay imposing a sentence of imprisonment and place the juvenile on probation. If the court delays sentencing and orders probation, certain requirements concerning review, probation violation, and probation revocation are applicable.

E.Automatic Waiver Proceedings—Chapter 16

When a juvenile who is 14, 15, or 16 years old commits a specified juvenile violation,6 the prosecutor may elect to initiate automatic waiver proceedings by filing a complaint and warrant in district court rather than a petition in the Family Division of Circuit Court. If the juvenile is bound over for trial following a preliminary examination, he or she faces trial in a court of general criminal jurisdiction. If the juvenile is convicted of a specified juvenile violation, he or she must be sentenced in the same manner as an adult if the conviction is for any of 12 enumerated very serious specified juvenile violations. If a juvenile is convicted of an offense that is not enumerated as a crime requiring imposition of adult sentence, the court must hold a juvenile sentencing hearing to determine whether to impose an adult sentence or to place the juvenile on probation and commit him or her to state wardship. If the court places the juvenile on probation and commits him or her to state wardship, certain requirements concerning review, probation violation, and probation revocation are applicable.

1    Throughout this benchbook, “Family Division” is used to describe the family division of the circuit court. The division of the circuit court that has jurisdiction over felony offenses committed by adults is generally referred to as “Criminal Division” or “court of general criminal jurisdiction.” References to the probate court, “juvenile court,” and Recorder’s Court in statutes, court rules, and case law have been altered to conform to this usage. See MCR 3.903(A)(4) (“‘[c]ourt’ means the family division of the circuit court[]” when used in subchapter 3.900 of the Michigan Court Rules, which governs proceedings involving juveniles); MCL 600.1009 (“[a] reference to the former juvenile division of probate court in any statute of this state shall be construed to be a reference to the family division of circuit court[]”); MCL 600.9931(1) (“[t]he recorder's court of the city of Detroit is abolished and merged with the third judicial circuit of the circuit court effective October 1, 1997[]”).

2    Chapters 1, 2, 3, 17, 18, 19, 20, and 21 contain material that is generally applicable to more than one of the five types of proceedings discussed in this benchbook.

3    Although the Michigan Court Rules include proceedings involving status offenses within the definition of “delinquency proceeding,” see MCR 3.903(A)(5); MCR 3.903(B)(3), several special requirements apply only to status offenders. For example, a status offender may be placed in a secure (locked) facility only in limited circumstances. See Section 3.6.

4    See Section 2.3 for discussion of jurisdiction over status offenders, including wayward minors.

5    See Section (A) for a list of specified juvenile violations.

6    See Section 16.3 for a list of specified juvenile violations.