Michigan Laws 722.823.amended – Powers of law enforcement official or court intake worker where petition not filed or authorized; diversion of minor; exception specified juvenile violation; use of risk screening or mental healt
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Terms Used In Michigan Laws 722.823.amended
- Court: means the family division of circuit court. See Michigan Laws 722.822
- diversion: means the placement that occurs when a formally recorded apprehension is made by a law enforcement agency for an act by a minor that if a petition were filed with the court would bring that minor within section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.822
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means an individual less than 18 years of age. See Michigan Laws 722.822
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Specified juvenile violation: means any of the following:
(i) A specified juvenile violation as that term is defined in section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 722.822.amendedstate: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following:
(a) Release the minor into the custody of the minor’s parent, guardian, or custodian and discontinue the investigation.
(b) Subject to subsections (4) and (5), divert the matter by making an agreement under section 5 with the minor and the minor’s parent, guardian, or custodian to refer the minor to a person or public or private organization or agency that will assist the minor and the minor’s family in resolving the problem that initiated the investigation. Restitution must not be considered when deciding if the minor may be diverted under this subdivision.
(c) File a petition with the court or authorize a petition that has been filed.
(2) A minor may be diverted only as provided in subsection (1)(a) or (b) and subsection (3).
(3) A minor accused or charged with a specified juvenile violation must not be diverted.
(4) Except as otherwise provided in this subsection, before a diversion decision is made for a minor, a risk screening tool and a mental health screening tool may be conducted on the minor. A risk screening tool and a mental health screening tool may not be conducted on a minor who meets any of the following criteria:
(a) Is accused or charged with a specified juvenile violation.
(b) Is currently under supervision in the juvenile justice system by the court or the department of health and human services.
(5) A minor must not be diverted under subsection (1)(b) unless both of the following requirements are met:
(a) The law enforcement official or court intake worker receives the results of a risk screening tool and a mental health screening tool for the minor conducted by a designated individual or agency that is trained in those screening tools.
(b) The law enforcement official or court intake worker uses the results of the risk screening tool and the mental health screening tool, and the best interests of public safety and the minor, to inform the decision to divert the minor.
(6) A risk screening tool and a mental health screening tool described in subsections (4) and (5) must meet both of the following requirements:
(a) Be research based and nationally validated for use with minors.
(b) Comply with the guidelines created under subsection (7).
(7) The state court administrative office, under the supervision and direction of the supreme court, shall create guidelines on the use of risk screening tools and mental health screening tools described in subsections (4) and (5).