Michigan Laws 712A.11 – Preliminary inquiry; petition; effect of juvenile attaining eighteenth birthday; biometric data; amendment of petition or other court record; offer of court services
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 712A.11
- Arrest: Taking physical custody of a person by lawful authority.
- Court: means the family division of circuit court. See Michigan Laws 712A.1
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: 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) Except as provided in subsection (2), if a person gives information to the court that a juvenile is within section 2(a)(2) to (4), (b), (c), or (d) of this chapter, a preliminary inquiry may be made to determine whether the interests of the public or the juvenile require that further action be taken. If the court determines that formal jurisdiction should be acquired, the court shall authorize a petition to be filed. The court may proceed on the consent calendar under section 2f of this chapter if at any time before disposition the court determines that a case should not proceed on the formal calendar but that the protective and supportive action by the court will serve the best interests of the juvenile and the public.
(2) Only the prosecuting attorney may file a petition requesting the court to take jurisdiction of a juvenile allegedly within section 2(a)(1) of this chapter. If the prosecuting attorney submits a petition requesting the court to take jurisdiction of a juvenile allegedly within section 2(a)(1) of this chapter and the court determines that formal jurisdiction should be acquired, the court shall authorize a petition to be filed.
(3) The petition described in subsections (1) and (2) shall be verified and may be upon information and belief. The petition shall set forth plainly the facts that bring the juvenile within this chapter and shall contain all of the following information:
(a) The juvenile’s name, birth date, and address.
(b) The name and address of the juvenile’s parents.
(c) The name and address of the juvenile’s legal guardian, if there is a legal guardian.
(d) The name and address of each person having custody or control of the juvenile.
(e) The name and address of the juvenile’s nearest known relative, if no parent or legal guardian can be found.
(4) If any of the facts required under subsection (3) are not known to the petitioner, the petition shall state that the facts are not known. If the juvenile attains his or her eighteenth birthday after the filing of the petition, the court’s jurisdiction shall continue beyond the juvenile’s eighteenth birthday and the court may hear and dispose of the petition under this chapter.
(5) When a petition is authorized, the court shall examine the court file to determine if a juvenile has had his or her biometric data collected as required under section 3 of 1925 PA 289, MCL 28.243. If a juvenile’s biometric data has not been collected, the court shall do either of the following:
(a) Order the juvenile to submit himself or herself to the police agency that arrested or obtained the warrant for the arrest of the juvenile so the juvenile’s biometric data can be collected.
(b) Order the juvenile committed to the custody of the sheriff for the collection of the juvenile’s biometric data.
(6) A petition or other court record may be amended at any stage of the proceedings as the ends of justice require.
(7) If the juvenile diversion act, 1988 PA 13, MCL 722.821 to 722.831, is complied with and the court determines that court services can be used in the prevention of delinquency without formal jurisdiction, the court may offer court services to a juvenile without a petition being authorized as provided in section 2(e) of this chapter.