Delinquency Services Summary
Decentralized State: Delinquency services are provided by local county, private providers and the State of Michigan. Local family courts administer much of the secure juvenile detention resources, intake, and probation supervision. The state Department of Human Services, Bureau of Juvenile Justice administers community-based alternative services, Community Justice Residential Centers, some secure detention resources, facilities for public commitments, and aftercare for juveniles committed to the state.

Court(s) with Delinquency Jurisdiction
The Circuit Court, Family Division exercises jurisdiction over delinquency proceedings. In some courts, the juvenile jurisdiction may be specialized within the juvenile section of the Family Division. Circuit Courts are general jurisdiction trial courts. For more information, visit the Michigan Court System web site.

Highlights

Gender Specific Services
The Michigan Department of Human Services developed a network of community based alternatives to placement tailored to meet the needs of delinquent girls. The five year strategic plan of the Michigan Female Gender Specific Task Force, a resource directory, and list of participating agencies are available on the Helping Our Girls web site.

Michigan’s Community Corrections Entitlement
Since 1955, the Michigan Child Care Fund program provides state financial support for community corrections. Over time, the program has expanded to subsidize services to youth that help them remain at home without jeopardizing public safety. The program is currently a state entitlement that reimburses counties for fifty percent of all Child Care Fund eligible services, including certain community based residential services. Additional information concerning the Child Care Fund and the types of services the program funds is available on the Michigan Department of Human Services (DHS) web site. DHS also posts recent expenditures and Child Care Fund statistics online.

Wayne County Community Corrections
Wayne County (Detroit) greatly reduced its commitments to the state Department of Human Services (DHS) by developing a continuum of community-based and county-funded alternatives for delinquent youth. For additional information, please visit the web site of Wayne County Government’s Institute for Youth and Family Development Policy. Also visit the After School Project, a program of the Robert Wood Johnson Foundation, and request the publication Before its Too Late, which describes Wayne County’s community corrections experience.

Detention
Michigan currently has 14 secure detention facilities. Twelve are operated at the county-level by county administration, regional boards, or the Circuit Court, Family Division. The state Department of Human Services (DHS) operates the remaining two secure detention units and a program for alternatives to secure detention for counties without secure detention through its Regional Detention Support Services program within the Bureau of Juvenile Justice (BJJ). These services include secure and non-secure holdover, home detention, electronic monitoring, home alcohol testing, and transportation to secure facilities.

Youth are held in secure detention pending adjudication, disposition, and while awaiting placement. With the exception of youth adjudicated for an offense with a firearm, Michigan juvenile law neither explicitly authorizes nor prohibits the use of secure detention as a disposition or a sanction for violating probation. Concerning the exception of firearm offenses, a youth may receive a disposition order for placement in secure detention for a specified period of time not to exceed the amount of time that could have been imposed if the juvenile was sentenced as an adult.

Michigan statutes define the requirements for admitting youth to secure detention prior to a court hearing as probable cause existing to believe the juvenile committed the offense, the alleged offense is serious enough to threaten public safety, the juvenile is charged or adjudicated for a felony and is likely to commit another offense if released, or is unlikely to appear for court if released to parent or guardian (MCR 3.935(D)(1)). Additional criteria include the juvenile is on probation or has a petition pending or prior adjudication, home conditions that necessitate immediate removal, runaways (subject to limitations for holding status offenders), and those who have failed to remain in non-secure placement facilities or otherwise endanger public safety.

Michigan is in the beginning stages of becoming a Juvenile Detention Alternatives Initiative (JDAI) site of the Annie E. Casey Foundation.

Delinquency Intake Screening
Only the prosecuting attorney may file a petition charging a specific criminal offense and requesting the court to take jurisdiction of an alleged delinquent youth (MCL 712A.11(2); MCR 3.914(B)(1)). However, Michigan statutes also authorize officers of the court to initially review all referrals from citizens, parents, school officials, or law enforcement officials and make recommendations to the prosecuting attorney regarding the filing of a petition during a "preliminary inquiry" (MCR 3.932(A)(1)–(5)). Statute requires a "referee" of the court to conduct the screening for sufficiency at the preliminary inquiry, but does not require that individual to be an attorney. As noted in Michigan’s Juvenile Justice Benchbook: Delinquency and Criminal Proceedings, practice varies widely with regard to the Circuit Court, Family Divisions exercising the preliminary inquiry option under the statute. Some courts may not accept citizen complaints, and others may limit application of the preliminary inquiry to minor offenses likely to be diverted from formal action or to those where the allegation is unlikely to be contested.

Diversion
Prosecutors or courts exercising the preliminary inquiry option described above make diversion decisions. Under the court rules that guide preliminary hearings (MCR 3.935(B)(3)), a referee has several procedural options for diverting cases, including referring the matter to a public or private agency pursuant to the Juvenile Diversion Act, directing the parent or guardian to appear for further informal inquiry or conferencing, or proceeding on the court's schedule for informal hearings or adjustment conferences.

The Juvenile Diversion Act in Michigan (Act No. 13 of the Public Acts of 1988) defines the requirements for diversion from court and the guidelines for diversion "adjustment conferences" with the youth and parents. The statute also outlines requirements for diversion agreements, the maintenance of legal records, and legal procedures to handle non-compliance with agreements. Statute does not place time limits on diversion agreements; therefore, time limits vary by jurisdiction and local court rules. Eligibility criteria include the nature of the alleged offense, the minor’s age, background to problems leading to the offense, character, and conduct and behavior in family and school settings.

In practice, the Circuit Court, Family Divisions have different resources to bring to bear for diversion. Local options range from warnings in the adjustment conference and apology letters to community service, restitution, behavioral counseling, and youth court. For example, the Circuit Court, Family Division in Ingham County utilizes three diversion intervention programs—a Youth Court, intensive mentoring by university students, and a weekend community service option.

Predisposition Investigation
Juvenile Probation Officers employed by local Circuit Court, Family Divisions conduct predisposition investigations in most delinquency cases. However, statute requires the involvement of prosecutors during proceedings when a criminal offense is alleged and the hearing will involve the taking of testimony, or upon the court's request in any hearing. Except for requiring local prosecutors to attend certain hearings, the statutes place no requirements for the investigation of delinquency cases. However, cases charged under blended sentencing statutes in Michigan adhere to a different set of procedural rules for criminal process.

Victim Rights and Services
The Michigan Crime Victims' Rights Act (MCL 780.751 – 780.802; MSA 28.1287(781)–28.1287(802)) applies to all juvenile offenses and includes the right: to be notified of the telephone number and address of the person to contact regarding rights; to be notified within 48 hours upon the court dismissing a case; to be present during the entire trial (unless a witness); to be provided with a separate waiting area; to consult with a prosecuting attorney to provide views about the disposition of the case before any agreements are finalized; to have a victim impact statement included in the dispositional report; to make an oral victim impact statement to the pre-sentence investigator and the court at the time of disposition; and to be notified by the Department of Human Services or the Circuit Court of the earliest release date of the juvenile offender (only upon written request).

The Crime Victim Services Commission, within the Michigan Department of Community Health, is the state agency concerned with all aspects of services for victims of crime—victim rights, services, and compensation. The Commission is a five-member board appointed by the governor. The Crime Victim Services Commission also administers the state’s victim compensation program.

Additionally, the Michigan Prosecuting Attorneys Coordinating Council provides helpful information as does a non-profit organization, the Michigan Victim Alliance.

Probation Supervision
Local Circuit Court, Family Divisions oversee juvenile probation departments that provide community supervision of youth placed on in-home probation. However, the Department of Human Services (DHS), Bureau of Juvenile Justice also consults with and assists local courts with juvenile probation services and oversees the distribution of subsidy monies to counties for juvenile probation services through its Child Care Fund entitlement. Family Division staff typically has the title Juvenile Probation Officer while DHS juvenile probation officers carry the title Juvenile Justice Specialist. Juvenile Justice Specialists (state probation) do not carry mixed caseloads of adults and juveniles, and Juvenile Probation Officers (local probation) generally do not carry mixed caseloads.

Strong home rule creates differences in juvenile probation practice, from the title officers carry to the practices for developing conditions of probation and/or individual offender case plans. The Circuit Court, Family Division is authorized under state statute to order its own terms and conditions of probation or supervision, including reasonable rules of conduct for the parents and/or custodian of the youth necessary for the juvenile's well-being. However, local departments develop and implement case management tools, such as standard conditions of probation, offender service plan templates, and structured decision-making tools for assigning supervision level.

The range of specialized probation options also vary across Circuit Court, Family Divisions, and can include intensive probation, specialized caseloads for youth with substance abuse issues, and intensive day treatment.

A statewide shift toward Balanced and Restorative Justice (BARJ) principles is supported by the Department of Human Services (DHS), Bureau of Juvenile Justice.

Juvenile probation officers generally work from centralized offices in court facilities. However, the Kent County Juvenile Probation Department places probation offices in non-traditional settings where community leaders feel they will be of most service to youth, including schools, churches, and community police stations. This is funded through Juvenile Accountability Block Grant funds.

A statewide assessment of juvenile probation services has never been conducted in Michigan and performance data for juvenile justice programs are difficult to coordinate even at the county level. However, assessments of individual juvenile probation departments have occurred over time, including a 2003 assessment of the Ingham County (Lansing) juvenile justice system by the University of Cincinnati, Center for Criminal Justice Research and a 2001 assessment of the Washtenaw County (Ann Arbor) juvenile justice system by the National Center for Juvenile Justice.

Juvenile Probation Officer Qualifications, Certification, and Training
Entry level Juvenile Justice Specialists (i.e., state juvenile probation) must have a bachelor’s degree in the social sciences and two years of experience. Each Circuit Court, Juvenile Division establishes its own education requirements for local juvenile probation officers.

Pursuant to Supreme Court Administrative Orders, juvenile probation officers and caseworkers in Michigan must be certified. The process involves a two and one half day core curriculum administered by the Michigan Judicial Institute and a mandatory exam. A waiver process is available for staff that meets certain educational requirements or have certain professional licenses.

In addition to certifying juvenile probation officers, the Judicial Institute also provides assistance to juvenile justice professional membership organizations for conference planning and ongoing training.

Juvenile Corrections Continuum
The Bureau of Juvenile Justice, within the Department of Human Services (DHS), supervises and treats delinquent youth in community facilities and training schools and develops alternatives to residential care. Facilities are planned with units ranging from low security treatment, closed medium security, and high security. Legislative appropriation funds 50% of the costs of public institutions, with the remaining costs charged back to the counties. Information concerning DHS juvenile facilities is located on the DHS web site's facilities page.

Commitment to State
Circuit Court, Family Divisions can make public commitments to the Department of Human Services (DHS) or county administered public facilities (referred to as a commitment to a "county juvenile agency" in statute). The court may also commit youth to private institutions or agencies licensed by the Department of Consumer and Industry Services for the care of juveniles, or even those licensed by similar agencies in other states (MCL 712A.18a). However, if the youth is not a ward of the court, placement must occur by first committing the youth to the care of DHS or the County Juvenile Agency (MCL 712A.18).

Commitments to the temporary legal custody of DHS, county juvenile agencies, or private child care institutions are indeterminate in length, but automatically expire at the juvenile's 19th birthday, with the exception that the court may extended the commitment of youth committed to DHS for certain violations to age 21 (MCL 712A.2a). Circuit Court, Family Divisions may only order the level of security for a committed juvenile; however, DHS's Bureau of Juvenile Justice determines the specific placement (MCL 712A.18). Information concerning DHS placement options is available on the DHS web site by selecting Individual and Family Services and Youth Programs - Juvenile Justice.

Michigan has implemented Structured Decision Making (SDM), a risk and needs assessment process that uses research-based criteria to place juveniles committed or referred to placement. SDM is intended to drive increased development of community-based resources. Judges have been reluctant to base placement decisions on SDM criteria; however, SDM's risk/needs assessment is now used as a basis for the DHS's assignment of committed youth into public and private agency residential care. It also forms the basis for the initial treatment plan, updated treatment plan, and the final release plan for all youth.

By statute, the committing court retains jurisdiction over delinquent state and county wards and must review cases annually (MCL 712A.18c(3)). Juvenile probation officers maintain contact with youth while in DHS placements according to the requirements of the local court. Statute also requires the DHS's Bureau of Juvenile Justice to submit written progress reports to the court every six months (MCL 712A.24). Furthermore, at the annual court reviews, the court has the authority under statute to change the youth's placement and treatment plan and can amend its court orders as long as it has jurisdiction over the case. A youth can only be transferred to a more physically restrictive residential placement through a court hearing and further order concerning the case.

Blended Sentencing
Michigan has a variety of blended sentencing options for youth to receive both juvenile and/or adult sanctions, either through criminal process heard by Family Division judges or through criminal proceedings concerning transferred (waived) youth in the Criminal Division of Circuit Courts. Youth can receive these types of sentences three different ways:

1. Prosecutor-designated criminal proceedings in the Family Division (for certain offenses).

2. Court-designated criminal proceedings in the Family Division (for all offenses, subject to a petition from the prosecutor for the designation and a subsequent consideration by the court in a preliminary "Juvenile Sentencing Hearing").

3. Criminal proceedings for youth transferred to the Criminal Division of Circuit Courts.

Regardless of the forum, the rules of criminal procedure apply, and judges are required to consider the same set of statutorily defined criteria when considering the application of the best interest standards for applying blended sentence procedures (MCL 769.1). Finally, from the standpoint of "blending" sentences in the Family Division, state statute (MCL 712A.18) authorizes the court to "delay" or suspend an adult sentence while imposing juvenile rehabilitation dispositions, subject to limits for the court's extended age of juvenile jurisdiction.

For a summary of Michigan's blended sentencing provisions, click here.

Direct Placement
State statute clearly authorizes Circuit Court, Family Divisions to place youth in the care of properly licensed child care institutions, both inside and outside of the State. However, the youth must be a ward of the court, otherwise the placement must occur through a commitment to the custody of the Department of Human Services (DHS) or a County Juvenile Agency. Court placement budgets pay for the costs for placing wards of the court, and the responsibility for release decisions and aftercare services resides with the court through its juvenile probation resources. Probation officers also typically maintain contact with the youth while in a direct placement. The agency with custody of the youth pays for private placements through DHS or a County Agency. DHS commitments include DHS aftercare services.

Release
Michigan does not have a juvenile parole board or authority. The court has final authority for the release decision in both public commitments and private placements. However, the state, county, or private agency may petition the court to review the case for release.

Aftercare/Re-entry
State and county levels of government support the administration of aftercare in Michigan, with the Department of Human Service's (DHS) Bureau of Juvenile Justice (BJJ) administering offender re-entry services for its state wards and county agencies or courts providing aftercare for local commitments and private placements.

The provision of DHS aftercare services in Michigan is referred to as offender re-entry. DHS juvenile justice specialists operate out of each county DHS office to supervise state wards on re-entry status in the community. Additionally, BJJ administers five community residential facilities for the transition of youth into their communities, some of which serve a dual purpose as a community-based alternative to placement in a secure residential facility.

Michigan is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Michigan's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Michigan’s “Juvenile Code”—the law pertaining to delinquency and status offense cases in the family division—resides in MCL 712A.1 et seq. Michigan’s Juvenile Diversion Act is contained in a different chapter (MCL 722.821 et seq). Both are retrievable from the Michigan Legislature web site.

Michigan’s state court rules are available on the Michigan Court System web site.

Funded by the Michigan Justice Training Commission and updated in 2003, the Juvenile Justice Benchbook: Delinquency and Criminal Proceedings is an outstanding guide to understanding the state’s juvenile justice code. Chapters of the Benchbook can be downloaded at the Michigan Court's web site.

State Bar of Michigan

Purpose Clause
To read Michigan's purpose clause for delinquency proceedings, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 16
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on Michigan's juvenile transfer laws, click here.

Juvenile Justice Leadership

Michigan Committee on Juvenile Justice and the Juvenile Crime Enforcement Coalition
Since 1974, the Governor of Michigan has designated the Michigan Committee on Juvenile Justice to guide the expenditure of State and federal funds for juvenile justice under the Juvenile Justice and Delinquency Prevention Act.

Juvenile Accountability Block Grant Committee
More recently, the Governor has designated a seven member Juvenile Accountability Block Grant Committee to implement the federal Juvenile Accountability Block Grant Program in Michigan.

Michigan Judicial Institute
The Michigan Judicial Institute (MJI) is the training division of the State Administrative Office of the Courts and promotes excellence in court system education, including juvenile probation services. The MJI web site includes an archive of trainings that can be viewed by web cast.

Michigan Committee on Juvenile Justice
The Director of the Bureau of Juvenile Justice works closely with an advisory committee on delinquency services. The committee membership includes law enforcement, judges, county courts, state officials from Community Health & the Department of Education, university representatives, private providers, and members from the Michigan Council on Crime and Delinquency.

Michigan Council on Crime and Delinquency
The Council is Michigan’s only citizen-led public policy agency that promotes the use of data to inform criminal and juvenile justice policy. The Council’s e-bulletin provides information concerning promising approaches in juvenile justice.

Resources/Contacts
Michigan Association of Children's Alliances
Michigan Council on Crime and Delinquency
Michigan Court System
Michigan Crime Victims Services Commission
Michigan Department of Human Services
Michigan Judicial Institute
Michigan Prosecuting Attorneys Coordinating Council
Michigan Victim Alliance
State Bar of Michigan

Jeannette Scroggins
Juvenile Justice Specialist
Department of Human Services
235 S. Grand Avenue, Suite 403
Lansing, MI 48909
Phone: (517) 335-3541
Fax: (517) 373-2799

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Michigan." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.