Chapter 11: Probation Violations in Cases Involving Juvenile Dispositions
The rules in this chapter govern probation violations in cases in which juvenile disposition has been imposed, i.e., in delinquency cases; in minor personal protection order cases in which a juvenile has been placed on probation following a violation of the personal protection order, MCL 712A.18(21) and MCR 3.989; and in designated proceedings in which the court has imposed a juvenile disposition following conviction, MCL 712A.18(1)(o).
For probation violations in other contexts, see the following:
•For discussion of probation violations in designated proceedings in which the court has delayed imposition of an adult sentence, see Chapter 15, Part F.
•For discussion of probation violations in automatic waiver cases in which the court has imposed juvenile probation and committed the juvenile to state wardship, see Chapter 16, Part E.
•For discussion of probation violations in traditional waiver cases and in designated and automatic waiver cases in which adult sentence has been imposed, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 3, Chapter 2.
11.1Initiating Probation Violation Proceedings
In a case in which probation was imposed in a juvenile disposition, a court has two options under MCR 3.944(A) when initiating probation violation proceedings:
“(1) Upon receipt of a sworn supplemental petition alleging that the juvenile has violated any condition of probation, the court may:
(a) direct that the juvenile be notified pursuant to MCR 3.920 to appear for a hearing on the alleged violation, which notice must include a copy of the probation violation petition and a notice of the juvenile’s rights as provided in [MCR 3.944](C)(1)[1]; or
(b) order that the juvenile be apprehended and brought to the court for a detention hearing, which, except as otherwise provided in [MCR 3.944], must be commenced within 24 hours after the juvenile has been taken into court custody, excluding Sundays and holidays as defined in MCR 8.110(D)(2).”
1. See Section 11.3(B) for a list of these rights.