JJAM

"2024 MID WINTER CONFERENCE AGENDA"

2024-03-12T01:51:42-04:00

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2024 MID WINTER CONFERENCE AGENDA

"Virtual Crossroads Recovery Juvenile Services"

2024-03-11T04:22:53-04:00

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Crossroads Recovery Educational Training Programs is thrilled to announce the upcoming launch of our Juvenile classes this April, representing a notable expansion of our educational services. Below, you'll find key details about our program.

Training Material

Our Juvenile classes utilize journals and learning material from The Change Companies, a respected organization with over three decades of experience, integrating evidence-based practices like Motivational Interviewing and Cognitive-Behavioral Therapy. Through this curriculum, we aim to foster academic growth, emotional regulation, skill development, and self-efficacy in our young participants, promoting both knowledge and personal resilience.

Instructors

Recognizing the challenges inherent in working with juveniles, we have contracted with professionals who have diverse experiences and a deep understanding of adolescent development. Attached is a brief background on our instructors, who bring a wealth of knowledge, empathy, and a passion for nurturing young minds to their roles.

Class Type

Our classes are held live via Zoom, fostering real-time interaction and engagement. Unlike modules or lectures focused on memorizing terms, our approach involves dynamic group discussions, journaling about relevant topics, and exploring current occurrences in their lives. These activities encourage reflection and enable participants to recognize the changes they can make, promoting deeper understanding and personal growth.

Additionally, holding classes via Zoom enables us to provide our classes to participants no matter where they are, ensuring accessibility and flexibility for all learners.

Process

Our 1^st classes for Impulse Control and Minor Addiction Awareness are being scheduled for this April (dates TBD soon).

Using the attached referral form, provide your participant information to us or go online to https://www.crossroadsrecoveryedu.com to fill-out our online referral form. Be sure to enter their DOB and check the juvenile box, then select the course that the court recommends/orders. We will attempt to contact the participants' guardians on the referral by phone, email, and text.

We plan to schedule classes at least every 60-90 days, for every 10-12 participants.

Our dedicated staff will ensure that you stay informed about the progress of your referrals every step of the way. You can expect timely updates regarding the registration of participants, their enrollment status (including any missed completion dates), and the successful completion of courses. Upon course completion, both you and the participant will receive a certificate of achievement, we will also inform you of their level of engagement in the course.

We are able to take payment directly from the participant and even set up personalized payment programs. We can also set up a court-funded program with a net 30 invoice that complies with grant requirements.

Supporting Documents

Attached are our Impulse Control and Minor Addiction Awareness curriculum, a handout with a brief description of our juvenile course instructors, a handout about Crossroads, a letter of recommendation, and our referral form.

We welcome feedback and input on the courses you need and look forward to hearing from you!

Best Regards,

Heather Stapula

Crossroads Recovery

(586) 846-4060

info@CrossroadsRecoveryEdu.com

"MDHHS Stakeholders: A Guide to Competency to Proceed in Michigan's Juvenile Courts"

2024-03-11T04:00:12-04:00

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MDHHS STAKEHOLDERS GUIDE TO COMPETENCY TO PROCEED IN MICHIGAN'S JUVENILE COURTS

"2024 MID- WINTER CONFERENCE REGISTRATION"

2023-12-19T02:35:41-04:00

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JJAM MID-WINTER CONFERENCE PROGRAM REGISTATION

"2024 MID WINTER HOTEL REGISTRATION"

2023-12-04T11:24:44-04:00

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2024 MID WINTER HOTEL REGISTRATION

Choose the “Book now” tab at the far right top on the home page, change promo code to group code and enter code JJAM31324. You will then need to go to March 2024, and the reserved dates will be highlighted in green, with all other dates showing as unavailable. You can also call 877 232 4532, option #1, and refer to Juvenile Justice Association of Michigan.

Room rates are good until February 21, 2024.

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2023-12-04T11:23:19-04:00

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"JUVENILE PROBATION OFFICER/CASEWORKER CERTIFCATION EXAMINATION"

2023-08-15T11:20:55-04:00

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MICHIGAN SUPREME COURT

TO: Juvenile Probation Officers and Caseworkers

FROM: Peter Stathakis, Program Manager

SUBJECT: Juvenile Probation Officer/Caseworker Certification Examination

Pursuant to Administrative Order 1985-5

DATE: August 14, 2023

Michigan Supreme Court Administrative Order 1985-5 requires a juvenile [court] probation officer/caseworker to complete the Michigan Judicial Institute (MJI) certification training within two years of employment.

The certification process is two-phased and can be completed in any order. Phase I requires participation in (or waiver of) the MJI “Basic Interviewing, Counseling, and Communication Techniques” seminar. Phase II consists of a self-paced study of the MJI Juvenile Probation Officer and Caseworker Self-Instructional Manual and satisfactory completion of the certification examination.

Manual:

Study using the Self-Instructional Manual revised in August 2023. The manual is available on our website HERE.

Examination is Online:

The exam is now a computer-based application that you may take from the comfort of your home or office. However, you must still preregister to take the exam. Register for one of the following times:

Wednesday, September 27, 2023, from 9:00 a.m. to 12:00 p.m. OR 1:00 to 4:00 p.m. The exam is timed. You will have no more than three hours to complete the exam.

Registration:

You must use your court/agency e-mail address to register. If you do not have a court/agency e-mail address, please contact Peter Stathakis at the e-mail address listed below.

Please click HERE to register and select only one of the time slots.

Closer to the exam date, you will receive an e-mail from MJI with directions on how to access the State Court Administrative Office Learning Management System (LMS) where the exam is housed. You will need to register in the LMS as well.

Examination Details:

The examination is timed. You will have no more than three hours to complete it.
The examination is “open book”, and you may utilize your manual to assist in answering questions.
The format for the examination is true-false, multiple-choice, and fill-in-the-blank.

· The examination is approximately 150 questions.

There are no grades – it is pass-fail. You must achieve a score of 85 percent or better to pass, based upon a cumulative score on the entire test.

If you know other probation officers and/or caseworkers who need to complete the certification process, please share this information with them.

If you have any questions, please contact me by e-mail at stathakisp@courts.mi.gov.

REGISTRATION DEADLINE: WEDNESDAY, SEPTEMBER 20, 2023

Michigan Judicial Institute

Michigan Supreme Court

517.373.7171 Phone

Email: Michigan.Judicial.Institute@courts.mi.gov

https://courts.michigan.gov/mji

MJI | Enhancing Excellence Through Education

This message has been prepared on computer equipment and resources owned by the Michigan Supreme Court. It is subject to the terms and conditions of the Court’s Computer Acceptable Use Policy.

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2023-07-13T09:56:36-04:00

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2023-07-13T09:30:32-04:00

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"JJAM JUNE 2023 NEWS LETTER"

2023-06-12T04:09:57-04:00

Memorandums and Resources Michigan Judicial Council Seeking Public Comments (4/27/2023)

The Michigan Judicial Council encourages members of the public to share comments at its meeting on Thursday, May 11, about its Strategic Agenda, Operational Plan, and 2022 Annual Report.

Interactive Court Data Dashboard Launched (4/24/2023)

In an effort to boost transparency, the Michigan Supreme Court has launched the Interactive Court Data Dashboard. The data provided in this user-friendly interface was formerly only available in a static format (separate PDF files for each county).

One Court of Justice Website

? Video Tutorial: Navigating Popular Resources for Judges and Court Staff

? MJI Benchbooks

? Quick Reference Resources

Michigan Judicial Institute (MJI)

? MJI Impact summarizes recent court communications, court rules, legislation, and upcoming training events.

? Subscribe to MJI Impact below: https://www.courts.michigan.gov/administration/offices/michigan-judicialinstitute/subscribe-to-impact/

Interstate Commission for Juveniles

? ICJ forms, ICJ Bench Book, and other ICJ resources

Enacted Legislation

No juvenile or probate enacted legislation for April.

Pending Legislation

Juvenile: HB 4436 - Juvenile's Self-Incriminating Responses Statute Cite: MCL 712A.1 and adds MCL 712A.17e Tie Bar With: None Status: 04/19/2023 – Introduced and Referred to Comte on Criminal Justice What it does: This bill would modify presumption of admissibility for a juvenile’s self-incriminating responses obtained through deceptive police practices.

Probate: SB 0253 – Probate: guardians and conservators Statute Cite: MCL 700.5106 et seq. Tie Bar With: none Status: 04/11/2023 – Introduced and referred to committee on Civil Rights, Judiciary, and Public Safety What it does: amends guardianship and conservator duties. SCAO MONTHLY JUVENILE AND PROBATE UPDATE APRIL 2023 2 | P a g e

SB 0254 – Probate: guardians and conservators Statute Cite: Amends secs. 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417 & 5418 (MCL 700.5104 et seq.) & adds secs. 5106a, 5312a, 5314a, 5314b & 5314c. Tie Bar With: None Status: 04/11/2023 – Introduced and referred to committee on Civil Rights, Judiciary, and Public Safety What it does: Modifies guardian and conservator duties and the requirements to be appointed as guardian or conservator.

SB 0255 – Probate; guardians and conservators Statute Cite: Amends secs. 5106, 5310, 5313 & 5409 of MCL 700.5106 et seq. Tie Bar With: None Status: 04/11/2023 – Introduced and referred to committee on Civil Rights, Judiciary, and Public Safety What it does: Revises requirements to be appointed as guardian or conservator.

SB 0256 – Guardians and conservators Statute Cite: MCL 700.5106 Tie Bar With: None Status: 04/11/2023 – Introduced and referred to committee on Civil Rights, Judiciary, and Public Safety What it does: Prohibits the appointment of an individual who was removed as county public administrator.

SB 0258 – Probate; guardians and conservators Statute Cite: Amends secs. 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417 & 5418 of MCL 700.5104 et. seq. & adds secs. 5106a, 5312a, 5314a, 5314b & 5314c. Tie Bar With: None Status: 04/11/2023 – Introduced and referred to committee on Civil Rights, Judiciary, and Public Safety What it does: Amends duties of guardians, conservators, and guardian ad litem. Revises requirements to be appointed as guardian or conservator.

HB 4416 -Probate; guardians and conservators Statute Cite: Amends secs. 1106, 1210, 2519, 2806, 3605, 3916, 3917, 3918, 3959, 3981, 3982, 3983, 5102, 5301, 5303, 5304, 5305, 5306a, 5310, 5311, 5313, 5314, 5507, 7103, 7105, 7110, 7302, 7402, 7506, 7604 & 7820a of MCL 700.1106 et seq.; adds secs. 1215, 1216, 5301c, 7408, 7409 & 7409a & repeals secs. 2722 & 7104 of MCL 700.2722 & 700.7104. Tie Bar With: None Status: 04/13/2023 – Introduced and referred to committee on Judiciary. What it does: General amendments to the estates and protected individuals code

Adopted Court Rules/Administrative Orders

Amendments of Rules 1.109, 1.201, 2.622, 3.002, 3.218, 3.616, 3.903, 3.914, 3.921, 3.928, 3.946, 3.953, 3.956, 3.963, 3.965, 3.972, 3.979, 5.404, 6.006, 6.450, 6.903, 6.931, 6.933, 6.935, 6.937, 7.105, 7.202, 7.305, 8.103, 8.105, and 8.119 of the Michigan Court Rules and Rule 5 and Rule 8 of the Rules for the Board of Law Examiners ADM File No. 2022-28 Issued: 05/03/2023 Effective: Immediately What it does: These amendments update cross-references and make other nonsubstantive revisions to clarify the rules.

Forms

Tentative List of Changes for June (4/06/2023)

Explanation of Changes – Creation of Reinstatement Forms (4/06/2023)

Explanation of Changes to Various Mental Health Forms (4/18/202

Upcoming Trainings

MJI Training Opportunities -Proper Procedures for Referring Domestic Relations Cases to the Community Dispute Centers by Friend of the Court Offices

May 25, 2023 9am-10am Virtual Webinar

This training will focus on issues related to friends of the court referring cases to the community dispute resolution centers. Topics will include but are not limited to types of disputes that can be referred, domestic violence screening, enforceable provisions, and converting agreements into court orders.

International Case Processing

June 22, 2023 9:am-10am Virtual Webinar

Take a trip around the world and learn about international case processing. We will discuss how to process incoming and outgoing requests from other countries – The Hague, federal and state reciprocating countries, and countries where we have comity.

Juvenile:

Child Welfare Services Training and Development Opportunities

This link provides access to current training and development opportunities offered by CWS.

Child Welfare Services Recorded Webinars

This link provides access to previously recorded webinars.

Advanced Petition Writing:

Telling Your Experience July 11, 2023 11am – 1pm Virtual Webinar

This training will provide the basic requirements for a petition including jurisdictional requirements and providing adequate notice to the parties. However, it will also include advice from experience as to what makes an effective, persuasive petition. With 30 years of experience drafting, filing and litigating complaints and petitions, the presenter expects to assist the trainees in improving their abilities and outcomes. Some training can also be provided regarding providing testimony at hearings in support of the petition. Overall, the presentation is intended to improve advocacy in child welfare cases across the State of Michigan. Intended Audience: This training is intended for all child welfare professionals including jurists, court staff, prosecutors, attorneys, Lawyer-Guardians Ad Litem, CPS and foster care workers, tribes, private agencies, law enforcement, medical professionals, mental health providers, education professionals, and foster care review board members.

Juvenile Justice Vision 20/20 Spring Training Event

Navigating the Juvenile Justice Landscape: Youth Hate Crimes, Identity-Based Bullying, and Gangs

June 15, 2023 (full day) June 16, 2023 (half day)

Location: Grand Valley State University, Pew Campus, Charles W. Loosemore Auditorium

A LOW COST, in-person conference that will examine these timely and critical topics relating to juvenile justice! Learn from national and state subject matter experts; share in the discussions; and explore strategies to prevent, identify, and act to improve the landscape for the sake of juvenile justice–involved youth, families, and communities.

National Center for State Courts (NCSC) Webinars

Family-Centered Fridays - Improving Access to Justice with Plain Language

May 19, 2023 2pm-3pm

In the third installment of the Family-Centered Fridays Series, Senior Court Management Consultant Lonni Summers will lead a discussion on NCSC’s Plain Language Glossary, a tool that presents plain language alternatives to legal terms that are not understandable to most people. In this session, Summers will explain the philosophy behind the Glossary and highlight how this tool can assist courts working to promote access to justice for families. Attendees will have a hands-on opportunity to use the glossary, suggest new terms and share real-world examples.

Michigan Department of Health and Human Services Training Opportunities

Michigan Juvenile Justice Assessment System (MJJAS) FY23 Training Schedule

Michigan Department of Health and Human Services (MDHHS) Division of Juvenile Justice (JJ) is pleased to announce Michigan Juvenile Justice Assessment System (MJJAS) risk assessment certification training. The MJJAS is provided to MDHHS through a contractual agreement with the University of Cincinnati Research SCAO MONTHLY JUVENILE AND PROBATE UPDATE APRIL 2023 5 | P a g e Institute and is also known as the Ohio Youth Assessment System© (OYAS) with funding provide through the Mental Health Diversion Council Juvenile Justice Subcommittee.

The MJJAS (a.k.a: OYAS) is a structured risk assessment tool that identifies the likelihood of a youth engaging in future criminal behavior and informs appropriate risk classification. The MJJAS assessments can be re-administered over time to determine changes in risk level based upon changes in behavioral profile or life situation. The MJJAS can be used at five different decision points for a youth: diversion, detention, disposition, juvenile justice residential placement, and reentry to the community from residential placement. In addition to risk assessment, results from the disposition, residential and reentry tools are assistive for case planning, and for identification of residential and re-entry service needs.

Each training session will consist of two full days. Training hours for each day will be 9:00 am - 4:00 pm with a lunch break. Registration closes a minimum of 15 days prior to the start of training. Training dates are as follows:

• July 12-13, 2023 – Virtual • August 2-3, 2023 – Virtual • October 18-19, 2023 – Virtual • December 13-14, 2023 – Virtual

There is no registration fee for this training. JJ specialists and supervisors, and public and private residential treatment staff and supervisors working with juvenile justice youth under the care and supervision of MDHHS will be given priority to register for this training. Registration for others is on a firstcome, first-served basis. Participants that fail to attend, arrive late, depart early, or attend only portions of the training will not be eligible to receive certification to administer the MJJAS. Virtual classes will close approximately two weeks prior to registration or sooner if class size is reached.

Registration for MJJAS classes should be completed using the MDHHS Learning Management System (LMS). If you do not have access to the LMS, you may contact MDHHS-MJJAS@michigan.gov for information on how to register. Those with access to MiSACWIS should have MDHHS LMS access and should follow the listed steps in LMS to register for the training. If you encounter problems or need assistance registering for training, contact the LMS helpdesk at MDHHStraining@michigan.gov. If you need to cancel after you have been confirmed to attend the training, please contact MDHHS-MJJAS@michigan.gov.

Interstate Commission for Juveniles

ICJ On-Demand Training Site

ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes.

• If you are seeking training or have any ICJ related questions or concerns, please contact the Michigan ICJ office at MDHHS-MI-ICJ@michigan.gov for assistance.

Probate:

National Center for State Courts (NCSC) Webinars

The link above provides access to current webinars and recorded webinars offered by NCSC.

Cases

Juvenile Cases:

Truancy - Right to Counsel and Self-Representation (In re EE – April 13, 2023) “Children prosecuted for truancy have a right to counsel conferred by [MCL 712A.17c] and [MCR 3.915(A)],” and “may also waive their right to counsel.” In re EE, ___ Mich App ___, ___ (2023). “But before accepting a waiver of counsel, a judge must find that the child unequivocally selected selfrepresentation,” and “must also determine that the child’s unequivocal decision to proceed pro se was made knowingly, intelligently, and voluntarily.” Id. at ___. Further, a court must “appoint an attorney for a juvenile in a delinquency proceeding if the court determines that the best interests of the juvenile or the public require appointment.” Id. at ___ (quotation marks omitted). In this case, “the trial court ruled that the minor respondents waived their right to counsel despite that they never requested self-representation.” Id. at ___. “The court exacerbated this error by neglecting to inquire regarding the children’s understanding of their right to counsel, the ramifications of its waiver, or the risks of self-representation.” Id. at ___. “The court’s failure to consider the children’s best interests compounded its other errors,” and “[g]iven the pitfalls of selfrepresentation even for adults, the circumstances under which self-representation will serve a child’s best interests are likely to be extremely rare.” Id. at ___. In sum, “[t]he court’s improper waiver finding and its failure to determine the children’s capacity and capability to represent themselves deprived [them] of their right to counsel.” Id. at ___.

Michigan Adoption Code (MAC) - Termination of Parental Rights (In re BWJ, Minor – March 30, 2023)

Under the MAC, “if a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated by the court[.]” In re BWJ, ___ Mich App ___, ___ (2023). “If the father is putative, the court must determine his rights pursuant to MCL 710.39”—“if subsection (2) does not apply, and if the putative father requests custody of the child at the hearing on a petition, the trial court shall proceed under subsection (1) to determine the fitness of the putative father and his ability to properly care for the child, and whether the child’s best interests are served by granting the putative father custody.” BWJ, ___ Mich App at ___ (quotation marks and citation omitted). In this case, the minor child was born out of wedlock as a result of a brief relationship between respondent and the child’s mother. Id. at ___. Respondent “requested custody of the child and attested that he was the child’s biological father,” but testified “that he did not have an established custodial relationship with the child.” Id. at ___. Moreover, “[t]he requirements specified in MCL 710.39(2) . . . plainly do not permit a trial court to proceed under subsection (2), no matter how many or sincere [respondent’s] failed attempts [at establishing a custodial environment] were.” BWJ, ___ Mich App at ___ . Because the “evidence established that MCL 710.39(2) did not apply in this case, . . . the trial court was required to proceed under MCL 710.39(1) to inquire as to respondent’s fitness and ability to properly care for the child, and determine if granting custody to respondent served the child’s best interests.” BWJ, ___ Mich App at ___. While the trial court considered respondent’s fitness and ability to properly care for the child, it “did not cite, quote, or reference the statutory best-interest factors set forth in MCL 710.22(g) which are required for consideration in determining whether granting a putative father custody or terminating his parental rights serves the child’s best interests.” BWJ, ___ Mich App at ___. Accordingly, the trial court’s “lack of best-interest factor analysis and inadequate explanation on the record cannot support its ultimate decision to terminate respondent’s parental rights to the child.” Id. at ___.

Paternity Act - Proper Parties (Black v Cook – March 23, 2023)

“[A] proper action to determine paternity should be brought under and governed by the provisions of the Paternity Act.” Black v Cook, ___ Mich App ___, ___ (2023) (quotation marks and citation omitted). “This case involves a plaintiff who seeks to establish that he is the father of a minor child born out of wedlock, where the child’s mother is now deceased.” Id. at ___. “In the trial court, plaintiff sought to prove he was the biological father of [the decedent’s] child by filing an action under the Paternity Act,” and “[i]n the suit, plaintiff named the decedent . . . and the guardians of the minor child as defendants.” Id. at ___. “The trial court concluded that because [the child’s mother] was deceased, she was not a proper party defendant, that the guardians could not be defendants in a paternity action, and that the circuit court was not the correct forum to bring this action.” Id. at ___. However, “[u]nder the Paternity Act, the Legislature vested the circuit court with the power to determine the paternity of a child born out of wedlock”; “[a]ccordingly, the circuit court had subject-matter jurisdiction over this paternity action and the circuit court was the proper forum in which to file an action under the Paternity Act.” Id. at ___. And while “no provision of the Paternity Act states or implies that a deceased mother may be sued in an action brought under the Paternity Act,” and “[t]he Paternity Act does not address . . . whether a guardian may properly be named as a defendant in an action under the Paternity Act,” “[t]here does not appear to be any law precluding a plaintiff in a Paternity Act case from bringing an action against a minor child to determine the paternity of a putative father to such child.” Id. at ___. Accordingly, the trial court erred in dismissing “the case in its entirety because it should have permitted plaintiff an opportunity to add an appropriate defendant so that plaintiff may proceed with the determination of plaintiff’s paternity of the minor child.” Id. at ___.

Probate Cases: None

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2023-05-09T08:57:00-04:00

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"EVALUATING JUVENILES FOR COMPETENCY TO PROCEED IN DELINQUENCY MATTERS"

2023-05-02T01:54:57-04:00

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Registration Open

Evaluating Juveniles for Competency to Proceed in Delinquency Matters

The Michigan Department of Health and Human Services (MDHHS) is pleased to announce that registration is now open for the sixth annual juvenile competency evaluator training for mental health professionals who conduct juvenile forensic competency exams in Michigan. Training details are listed below for the MDHHS endorsed training curriculum. Registration for this training opportunity is aligned with statutory requirements/restrictions outlined in MCL 712A.1(o) and participants will be selected accordingly. To see the full requirements outlined for a qualified juvenile forensic mental health examiner in Michigan, a link to the juvenile competency section of the MDHHS website is available at MDHHS - Juvenile Competency (michigan.gov).

MDHHS has once again contracted with the highly qualified experts at National Youth Screening and Assessment Partners (NYSAP) to provide this comprehensive training on Evaluating Juveniles for Competency to Proceed in Delinquency Matters. Qualified trainees are required to attend each session, complete a pre-test and receive a passing score on the post-test in order to receive a certificate of attendance. Continuing education credits are not provided for this training.

DATE: May 23-26, 2023

TIME: 8:00 a.m. – 12:30 p.m. (with optional Q&A from 12:30 a.m. – 12:45 p.m. each session)

LOCATION: Virtual

COST: Training is free; registrants are responsible for all costs associated with travel and incidentals. Funding is provided by the Mental Health Diversion Council.

REQUIREMENTS: Registration is required. This is a highly interactive training, so high speed internet connection, microphone and video/web cam capability are required for this training.

Mental health professionals who meet criteria may registered via: https://www.surveymonkey.com/r/JJ_NYSAP_May2023_EvaluatorTrainingRegistration Closes May 8, 2023

Please feel free to share with any mental health professionals in your networks that may be interested and meet the necessary requirements to attend.

Please direct all questions to MDHHS-Juvenile-Competency@michigan.gov

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2023-02-03T02:07:53-04:00

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"MJI Juvenile Probation Officer/Caseworker Certification Examination Link"

2023-01-19T11:33:28-04:00

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Juvenile Probation Officer Certification Examination

Juvenile Probation Officer Self-Instruction Manual

MJI Juvenile Probation Officer Exam Registration

"JJAM MEMBERSHIP APPLICATION FORM 2024"

2023-01-12T12:16:19-04:00

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MEMBERSHIP APPLICATION FORM 2024

"YOUTH ACHIEVEMENT AWARD NOMINATION FORM"

2023-01-12T12:14:18-04:00

Justice For All Commission (JFAC) report "Michigan Legal Aid Organizations: Social Economic Impact and Social Return on Investment"

SCAO Memo re: MCL 769.1k(1)(b)(iii) Sunset Extension - October 11, 2022

Chief Justice McCormack to Retire from Michigan Supreme Court

Judicial Council Releases Historic Roadmap for Michigan Judiciary

? Michigan Judicial Council 2022-2025 Strategic Agenda

? Michigan Judicial Council 2022-2023 Operational Plan

Michigan Adoption Day Celebration

? November 22, 2022 at 10am. Location: Michigan Hall of Justice.

SCAO Memo – New Rules Regarding Remote Proceedings (August 11, 2022)

? Visit the Virtual Courtrooms website for new resources here.

One Court of Justice Website

? Video Tutorial: Navigating Popular Resources for Judges and Court Staff

? MJI Benchbooks

? Quick Reference Resources

Michigan Judicial Institute (MJI)

? MJI Impact summarizes recent court communications, court rules, legislation, and upcoming training events.

? Subscribe to MJI Impact below: https://www.courts.michigan.gov/administration/offices/michigan-judicial-institute/subscribe-to-impact/

Enacted Legislation

Probate:

2022 PA 214 – Mental health transport for involuntary psych hospitalization (HB 4414’21)

Effective Date: 10/14/2022

Statute Cite: MCL 330.1100d et seq.

What it does: would add a new section to the Mental Health Code to allow a county board of commissioners to establish a county mental health transportation panel for the purpose of establishing a transportation mechanism to serve as an alternative to a peace officer transporting an individual when required under the code. The bills also would create the Mental Health Transportation Fund and revise several provisions that now provide for transport of individuals only by a peace officer to apply also to a security transport officer. Juvenile:

2022 PA 211 - Child Placement Preference (SB 1166)

SCAO MONTHLY JUVENILE AND PROBATE UPDATE

SEPTEMBER/OCTOBER 2022

2 | P a g e

Effective Date: 10/07/2022

Statute Cite: MCL 722.954a

What it does: Amends the Foster Care and Adoption Services Act to require a child placement preference to be given to an adult related to the child within the fifth degree, unless there is good cause shown to make an exception to that preference or unless the preference conflicts with applicable placement preferences in the Michigan Indian Preservation Act.

2022 PA 210 - Revise Definition of Relative (HB 6075)

Effective Date: 10/7/2022

Statute Cite: MCL 722.872

What it does: Amends the Guardianship Assistance Act to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant.

2022 PA 209 - Revise Definition of Relative (HB 6074)

Effective Date: 10/7/2022

Statute Cite: MCL 710.22 and 712A.18

What it does: Amends the Adoption Code and Juvenile Code to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant.

2022 PA 208 - Revise Definition of Relative (HB 6073)

Effective Date: 10/7/2022

Statute Cite: MCL 722.111

What it does: Amends the Child Care Licensing Act to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant.

2022 PA 201 - Trauma-Informed Required Training for Lawyer-Guardian Ad Litem (HB 5975)

Effective Date: 10/7/2022

Statute Cite: MCL 712A.17d What it does: Amends the Juvenile Code, MCL 712A.1 et seq., to include participation in trauma-informed training in a lawyer-guardian ad litem’s duties, if provided by the State Court Administrative Office.

2022 PA 200 - Revise Definition of Relative for Purposes of Placement (HB 5974)

Effective Date: 10/7/2022 Statute Cite: MCL 712A.13a What it does: Amends the Juvenile Code to expand the definition of relative to include an individual who is at least 18 years of age and has a strong positive emotional tie o role in the child’s life or the parent’s life if the child is an infant.

2022 PA 72 - Administrative Review for Licensure of Certain Persons (Listed Prior to Effective Date)(HB 5594)

Effective Date: 11/01/2022

Statute Cite: MCL 722.621-722.638

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What it does: Amends the Child Protection Law to allow an individual listed on the central registry before the effective date of the bill to submit a request to DHHS for administrative review for the expungement of his/her name from the statewide electronic case management system.

2022 PA 71 - Administrative Review for Certain Persons (Listed After the Effective Date) (HB 5534)

Effective Date: 11/01/2022

Statute Cite: MCL 722.119 What it does: Amends the Child Care Licensing Act to allow a former applicant or former licensee to request an administrative review if both of the following are true:

• The license for a childcare organization was denied, revoked, or refused renewal due to the person’s placement on the statewide electronic central registry originally maintained before the effective date of the bill creating the system under the Child Protection Law.

• The person’s placement on the original central registry was subsequently expunged from the case management system as a central registry case after the effective date of the bill creating the system under the Child Protection Law

2022 PA 70 - Child Care Licensing Act - Definitions (HB 5280)

Effective Date: 11/01/2022

Statute Cite: MCL 722.111

What it does: Amends the childcare licensing act to define severe physical injury, for the purpose of the act, to mean serious physical harm as defined by section 136b of the Michigan Penal Code.

2022 PA 69 - Updates to Citations of Child Protection Law (HB 5279)

Effective Date: 11/01/2022

Statute Cite: MCL 722.120

What it does: Amends the childcare licensing act to update a citation to the Child Protection Law to reflect renumbering of provisions.

2022 PA 68 - Release of Information Regarding Child Abuse or Child Neglect Claims (HB 5278)

Effective Date: 11/01/2022

Statute Cite: MCL 722.627

What it does: Amends the Child Protection Law to modify the list of entities to include child caring institutions licensed under the childcare licensing act to the list of those entities to which certain confidential information regarding child abuse or child neglect claims may be made available to.

2022 PA 67 - Central Registry Definition Modifications (HB 5277'21)

Effective Date: 11/01/2022 Statute Cite: MCL 722.622 What it does: Amends the Child Protection Law to amend and add definitions for certain child abuse or child neglect claims that require listing in the central registry.

2022 PA 66 - Identification of Child Abuse and Child Neglect Claims that Require Central Registry Listing (HB 5276)

Effective Date: 11/01/2022

Statute Cite: MCL 722.625 et seq.

What it does: Amends the Child Protection Law to amend certain responses DHHS must make to certain categories of cases after field investigation under the act. Provides for the identification of certain child

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abuse and child neglect claims that require listing in the central registry. Changes references to “substantiated” or “unsubstantiated” reports of child abuse or child neglect to reports that “confirmed” or “unconfirmed”. Further, change references to “serious physical injury” of a child to “serious physical harm”. And provides for “Wyatt’s Law” which concerns the release of specified information under certain circumstances.

2022 PA 65 - Modify Procedure to Amend or Expunge Inaccurate Reports of Child Abuse or Child Neglect (HB 5274'21)

Effective Date: 11/01/2022

Statute Cite: MCL 722.628

What it does: Amends the Child Protection Law to require DHHS to enter each report made under the act that is the result of a field investigation into an electronic management system (not a CPSI system). In addition to classifying an allegation by category, would require DHHS to determine whether the child abuse or child neglect could be classified as a central registry case. Further, it modifies the procedure to amend or expunge inaccurate reports of child abuse or child neglect.

2022 PA 64 - Statewide Electronic Case Management System for Child Abuse and Child Neglect Cases (HB 5275'21)

Effective Date: 11/01/2022

Statute Cite: MCL 722.627j

What it does: Amends the Child Protection Law to require DHHS to maintain a statewide electronic case management system to carry out the intent of the act. Also requires DHHS to classify a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation as a central registry case. Further, outlines requirements for DHHS to notify in writing for each person who is named in the record as a perpetrator of the confirmed cases listed above

Pending Legislation

Juvenile:

HB 6363 - Communication Services

Statute Cite: Creates new act.

Tie Bar With: None

Status: Introduced on 09/07/2022 and Referred to Comte on Judiciary

What it does: Creates a new act to provide for and prohibit a commission or surcharge on communication services made or received by prisoners, inmates, or juveniles.

HB 6447 - Prohibit Use of BB Gun By Unaccompanied Minors

Statute Cite: Creates new act.

Tie Bar With: None

Status: Introduced on 10/11/2022 and Referred to Comte on Military, Veterans, and Homeland Security.

What it does: Creates a new act to prohibit unaccompanied minors from using or possessing certain BB guns outside of their property.

Probate:

SB 1172’22 – Mental Health: Code; Law enforcement: peace officers. Also, HB 6398

Statute Cite: MCL 330.1100c

Status: Introduced on 9/20/22 and referred to committee on health policy and human services.

What it does: This bill would amend the definition of a peace officer in the mental health code.

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HB 6355'22 - Hospitals; Mental health

Statute Cite: MCL 330.1409 and 330.1972

Tie Bar With: None

Status: Introduced on 8/17/2022 and referred to committee on Committee on Health Policy. What it does: This bill amends secs. 409 & 972 of 1974 PA258 (MCL 330.1409 & 330.1972) and requires that: • A psychological evaluation must take place in a hospital emergency room no longer than a certain period of time due to a mental health episode. • If the preadmission screening unit is unable to complete the assessment, the statute provides who may perform the assessment on behalf of the hospital.

HB 6399’22 – Criminal Procedure: mental capacity; Mental health; other.

Statute Cite: MCL 330.1461

Tie Bar with: None

Status: Introduced on 9/22/2022 and referred to committee on Health Policy

What it does: It provides for outpatient treatment for misdemeanor offenders with mental health issues.

HB 6437’22 – Criminal procedure: mental capacity; Criminal Procedure: pretrial procedure: sentencing; Mental health: other

Statute Cite: MCL 760.1-777.69

Tie Bar With: None

Status: Introduced on 10/11/2022 and referred to committee on Judiciary

What it does: It allows psychological evaluations for defendants to be ordered by judges.

SB 1148'22 - Powers of attorney; Law: uniform or model acts.

Statute Cite: MCL 700.5501-700.5505

Tie Bar With: None

Status: Introduced on 9/7/2022 and referred to committee on Judiciary and Public Safety. What it does: This bill would create a new act & repeals secs. 5501 – 5505

SB 1149'22 - Powers of attorney; reference to power of attorney in public health code.

Statute Cite: MCL 333.10121 and MCL 333.10301

Tie Bar With: SB 1148’22

Status: Introduced on 9/7/2022 and referred to committee on Judiciary and Public Safety. What it does: This bill amends secs. 10121 & 10301 of 1978 PA 368 (MCL 333.10121 & 333.10301) to reflect the adoption of the uniform power of attorney act.

SB 1150'22 - Powers of attorney; natural resources and environmental protection act.

Statute Cite: MCL 324.20101b

Tie Bar With: None

Status: Introduced on 9/7/2022 and referred to committee on Judiciary and Public Safety. What it does: This bill amends sec. 20101b of 1994 PA 451 (MCL 324.20101b) to reflect adoption of uniform power of attorney act.

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Proposed Court Rules

Visit New Page for Proposed Court Rules here.

Juvenile

ADM File No. 2022-05 Amendment to MCR 3.977, 3.993, 7.311, and 7.316 Effective Assistance of Appellate Counsel in Termination of Parental Rights Case

Issued: 10/26/2022

Comment Period: 02/01/2023

• Would establish a procedure for assessing whether a respondent in a termination of parental rights case was denied the effective assistance of appellate counsel, and if so, provide relief.

Adopted Court Rules/Administrative Orders

ADM File No. 2022-06 Amendment of MCR 3.101 Writs of Garnishment

Issued: 10/26/2022

Effective: 01/01/2023

• Allows writs of garnishment to be served electronically on the Department of Treasury, subject to current e-filing requirements and guidelines established by the Department of Treasury.

ADM File No. 2021-18 Amendment of MCR 3.943 Definition of "Firearm" in Juvenile Proceedings

Issued: 09/21/2022

Effective: 01/01/2023

• Amends MCR 3.943 to update the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g.

• The term “firearm” includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

ADM File No. 2020-33 Amendment of MCR 3.903 Definition of "Party" in Child Protective Proceedings

Issued: 09/21/2022

Effective: 01/01/2023

• Amendment of MCR 3.903 clarifies the definition of a “party” in child protective proceedings.

• The term “party” includes:

o Delinquency proceeding: the petitioner and juvenile

o Protective proceeding:

? the petitioner, child, and respondent

? the parent, guardian, or legal custodian

ADM File No. 2002-37 Amendment of MCR 1.109 - Electronic Filing

Issued and Effective: 09/14/2022 (Concurrently posted for comment)

• Amended MCR 1.109 to provide the State Court Administrative Office “the flexibility to determine, when appropriate, when certain documents filed on paper do not need to be imported into the MiFile document management system until bulk e-filing capability is available.”

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ADM File No. 2014-24: Rescission of Administrative Order No. 2015-1 Summary Jury Trial Pilot Project

Issued: 9/14/22

Effective: 9/16/22

• Rescinds Administrative Order No. 2015-1 Summary Jury Trial Pilot Project.

Forms

List of Upcoming Form Changes to be Distributed in December 2022 (Amended October 24, 2022)

Probate:

Notice of Revisions to MC 505, Contact Information (September 6, 2022)

A reference to MCR 2.407(D) was added to the form pursuant to ADM 2020-08.

Upcoming Trainings

MJI Training Opportunities

Court Support Staff Certification Training

November 15, 2022 9:30 a.m. – 3:30 pm.

November 16, 2022 9:30 a.m. – 3:30 p.m.

Michigan Hall of Justice, Lansing, MI

The Michigan Judicial Institute (MJI) is pleased to announce training for court support staff certification. This training is intended for newer staff. This is a voluntary certification process for newer court and county clerk support staff developed in collaboration with representatives from various court administrator associations and county clerks throughout our state.

The purpose of court support staff certification is to assure that front-line clerks, deputy clerks, clerks/typists, receptionists, and other support staff have the knowledge and specialized skills necessary to perform their jobs with a high degree of competence.

There are four core modules. Each is approximately two and one-half hours in length.

• Purpose and Responsibilities of Courts

• Professionalism and Ethics

• Records, Policy, and Procedures

• Customer Service

Child Welfare Services Training and Development Opportunities

Child Welfare Services Recorded Web-based Meet-ups

This link provides access to previously recorded webinars.

Probate Court Staff Video Series In this three-part video series, NCSC provides information and tools for probate court staff that wish to implement more rigorous conservatorship and guardianship monitoring

National Center for State Courts (NCSC) Webinars

This link provides access to current webinars and recorded webinars offered by NCSC.

• Reimaging Restitution for Youth - Updated Approaches (Webinar)

November 10, 2022 2:00 p.m. – 3:00 p.m.

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Ordering restitution has long been a default response to youth harm involving a victim. But new research from Juvenile Law Center shows restitution in juvenile courts is not working for victims, youth, families, or communities. Report co-authors and advocates from the Debt Free Justice National Campaign will share this research as well as promising new approaches to restoration from courts and communities across the country.

Interstate Commission for Juveniles

ICJ On-Demand Training Site

ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes.

Cases

Juvenile Cases:

In re T.S. Halliburton, Jr., Minor (COA No. 358077 Published - September 29, 2022

Probation – Time Served and Jail Credit

“A juvenile does not satisfy the condition of ‘time served on probation’ for purposes of jail credit during the period of time when that juvenile willfully absconded from probation,” because “‘[t]ime served on probation’ means actually serving the sentence of probation, including complying with the requirements of where that probation must be served.” In re Halliburton, ___ Mich App ___, ___ (2022). “While a juvenile might violate a minor or technical term or condition of probation and still successfully earn jail credit,” “when a juvenile willfully absconds from probation, the probation period is effectively tolled, and during that time of willful absconsion, the juvenile is not serving the probation and has earned no credit for ‘time served’ under the applicable statutes and court rules.” Id. at ___. In this case, the juvenile respondent pleaded guilty to second-degree home invasion and received a blended sentence; however, “[r]espondent repeatedly violated the terms and conditions of the probation, including absconding for five months.” Id. at ___. Accordingly, “the trial court correctly concluded that respondent was not entitled to credit for the time of willful absconsion.” Id. at ___ (further finding that the respondent’s time at a residential treatment center and on a tether qualified as “time served on probation,” and that the trial court erred in holding otherwise).

In re TEM, Minor (COA No. 359529 Unpublished - September 1, 2022)

Adoption – Michigan Children’s Institute (MCI) Superintendent’s Decision to Withhold Consent

“Pursuant to MCL 710.45, a family court’s review of the superintendent’s decision to withhold consent to adopt a state ward is limited to determining whether the adoption petitioner has established clear and convincing evidence that the MCI superintendent’s withholding of consent was arbitrary and capricious.” In re TEM, ___ Mich App ___, ___ (2022) (quotation marks and citation omitted). In this case, petitioners initially sought to adopt the minor child and his sibling after serving as their foster parents, but ultimately withdrew their petition to adopt the sibling; however, the children’s grandmother was willing to adopt both children. Id. at ___. After “[t]he MCI Superintendent denied petitioners’ request to adopt [the minor child], concluding that it was not in the children’s best interests to be separated from each other,” “[p]etitioners filed a Section 45 motion in the trial court, arguing that the MCI Superintendent’s decision was arbitrary and capricious and that the statutory consent-to-adopt process was void for vagueness because it did not provide sufficient standards for the MCI Superintendent to follow.” Id. at ___. As to petitioners’ argument that the MCI Superintendent’s decision was arbitrary and capricious, the trial court correctly determined “that there was good reason to support the MCI Superintendent’s decision” because it was “supported by thoughtful analysis and adequate investigation.” Id. at ___. “The MCI Superintendent thoroughly evaluated

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four factors, and she determined that, apart from one factor, petitioners and the grandmother were equal.” Id. at ___. “The only factor in which there was a difference was a factor that the MCI Superintendent and Michigan policy place a great deal of emphasis on: keeping siblings together.” Id. at ___. As to petitioners’ contention that the Adoption Code and statutes governing the MCI Superintendent do not provide “adequate guidance or standards when making a consent-to-adopt decision,” “petitioners have failed to overcome their burden of proving vagueness.” Id. at ___. “By reading the Adoption Code in tandem with those statutes that govern the MCI Superintendent’s actions, they are easily harmonized and dispense with petitioners’ arguments.” Id. at ___.

Probate Cases:

Findling v. Auto-Owners Ins. Co (In re Guardianship of Malloy) COA no 358006, 358021 – October 13, 2022 Attorney who was appointed to be guardian of individuals who suffered traumatic brain injuries from motor vehicle accidents, attorney's firm, and coguardians brought action against each ward's no-fault insurer, requesting that insurer pay attorney, or his firm fees and costs associated with the care, recovery, and rehabilitation of wards. Issue whether the plaintiff delegated the performance of duties, not powers, to other individuals at his firm to assist in the care of the ward. Court found that plaintiff did not violate MCL 700.5103. However, court agreed with defendants that a genuine issue of material fact exists regarding whether plaintiff violated MCL 700.5103 by delegating tasks that altered the “rights, duties, liabilities, or other legal relations” when he delegated to staff at his firm the task of preparing for and attending a hearing to modify guardianship. Because of this, a genuine issue of material fact also exists as to whether these services were “lawfully rendered” and whether these services are compensable under the no-fault act. Court affirmed in part, reversed in part, and remanded.

Killian v TCF Nat’l Bank COA No 358761 – October 20, 2022 Under MCL 700.7905, a beneficiary cannot commence a proceeding for claims for a breach of trust that the beneficiary knew of or should have inquired into at that time. The probate court properly held that plaintiffs were barred from bringing an action in November 2019 related to defendant’s actions between April 2010 and November 2013, because plaintiffs had received notice of the one-year limitation period in a November 2013 report and should have inquired into the existence of their potential claims for breach of trust at that time.

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Memorandums and Resources

Chief Justice McCormack to Retire from Michigan Supreme Court

Judicial Council Releases Historic Roadmap for Michigan Judiciary

? Michigan Judicial Council 2022-2025 Strategic Agenda

? Michigan Judicial Council 2022-2023 Operational Plan

Michigan Adoption Day Celebration

? November 22, 2022 at 10am. Location: Michigan Hall of Justice.

SCAO Memo – New Rules Regarding Remote Proceedings (August 11, 2022)

? Visit the Virtual Courtrooms website for new resources here.

Michigan Judicial Council rolled out the MJC Strategic Agenda and also the MJC Operational Plan.

Michigan's Juvenile Justice Reform Task Force (website)

? Michigan Task Force on Juvenile Justice Reform Final Report (July 22, 2022)

Pending Legislation

Juvenile:

HB 6347 - Reinstatement of Parental Rights

Statute Cite: MCL 710.21 – 712B.41

Tie Bar With: None

Status: Introduced on 08/17/2022 and referred to Comte on Judiciary.

What it does: This bill would amend the Probate Code of 1939 by adding section 21a which would create a process to allow the reinstatement of terminated parental rights.

Upcoming Trainings

MJI Training Opportunities

Working with Parents Who Are Incarcerated in State Prison, Parts II and III ) (Webinar)

September 22, 2022 9am-11am

This panel presentation will continue the discussion initiated at the August 11, 2022 Working with Parents Who are Incarcerated in State Prison webinar and will feature insight from Michigan Department of Corrections (MDOC) staff. To gain the most from these sessions, attendees should first view the August 11, 2022 recording as concepts will be expanded upon in Parts II and III. This is a two-hour session - attendees are not required to attend both sessions.

Part II: The first hour will focus on Title IV-D child support implications. Attendees present at this time will be eligible for Office of Child Support IV-D training credit. Presenters will focus on information relevant to locate functions, remote court appearances, and in-prison and post-release programming, and services impacting a parent’s ability to earn income.

Part III: After a short break, the second hour will focus on custody and parenting time implications of current or past incarceration. Presenters will review prisoner communication and visitation options, as well as benefits and concerns for children communicating with an incarcerated parent, as covered in the 2021 Michigan Parenting Time Guideline. Presenters will also discuss facts related to a parent’s incarceration and consideration of these when conducting a custody or parenting time investigation.

Family Division Referee Seminar

October 19-20, 2022, 9am-3:30pm

Michigan Hall of Justice, Lansing, MI

The Michigan Judicial Institute (MJI) is pleased to announce a seminar for family division referees. Participation in this seminar is limited to juvenile and domestic relations referees presiding over family division cases. This seminar will only be offered on-site at the Michigan Hall of Justice in Lansing.

Presentations will include statutory, court rule, and case law updates, as well as sessions on practical, substantive and procedural issues impacting the conduct of hearings. The juvenile division referee seminar will be held Wednesday, October 19 and the domestic relations referee seminar will be held Thursday, October 20. Referees who are cross-assigned may attend both days.

Child Welfare Services Training and Development Opportunities

Child Welfare Services Recorded Web-based Meet-ups

This link provides access to previously recorded webinars.

Probate Court Staff Video Series

In this three-part video series, NCSC provides information and tools for probate court staff that wish to implement more rigorous conservatorship and guardianship monitoring

National Center for State Courts (NCSC) Webinars

This link provides access to current webinars and recorded webinars offered by NCSC.

Interstate Commission for Juveniles

ICJ On-Demand Training Site

ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes.

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Memorandums and Resources

Michigan's Juvenile Justice Reform Task Force (website)

? JJ Reform Task Force Meeting Information

Memo re: Friend of the Court Annual Statutory Reviews Due August 5, 2022

Pending Legislation

Juvenile:

SB 1130'22 0 Electronic Video Recording of Child Interviews

Statute Cite: MCL 722.621 to 722.638

Tie Bar With: SB 1129’22 and SB 1128’22

Status: Introduced on 06/30/2022 and referred to Comte on Judiciary and Public Safety.

What it does: This bill would amend the Children Protection Law as follows:

• By requiring an electronic recording of a child interview in its entirety, absent good cause, when a child is interviewed in an accredited or an accreditable child assessment center.

SB 1129'22 - Videorecorded Statements in Child Protective Proceedings

Statute Cite: MCL 712A.17b

Tie Bar With: SB 1128’22 and SB 1130’22

Status: Introduced on 06/30/2022 and referred to Comte on Judiciary and Public Safety.

What it does: This bill would amend the Probate Code of 1939 as follows:

• Allow videorecorded statements to be used in child protective services hearings;

• Increase fines for improper release of videorecorded statements; and

• Require videorecorded statements to be retained for a certain period of time.

SB 1127'22 - Enhanced Reporting Requirements for Mandated Reporters

Statute Cite: MCL 722.622

Tie Bar With: None

Status: Introduced on 06/30/2022 and referred to Comte on Judiciary and Public Safety.

What it does: This bill would amend the Child Protection Law by enhancing the reporting requirements for mandated reporters.

HB 6292'22 - Electronic Video Recording of Child Interviews

Statute Cite: MCL 722.621 to 722.638

Tie Bar With: HB 6290’22, SB 1129’22, 6291’22, and SB 1128’22

Status: Introduced, read a first time, and referred to Comte on Judiciary.

What it does: This bill would amend the Child Protection Law as follows:

• By requiring an electronic recording of a child interview in its entirety, absent good cause, when a child is interviewed in an accredited or an accreditable child assessment center.

HB 6290'22 - Videorecorded Statements in Child Protective Proceedings

Statute Cite: MCL 712A.17b

Tie Bar With: HB 6291’22, HB 6292’22, and SB 1130’22

Status: Introduced on 06/30/2022, read a first time, and referred to Comte on Judiciary.

What it does: This bill would amend the Probate Code of 1939 as follows:

Upcoming Trainings

MJI Training Opportunities

Drug Court Networking Forum (Virtual)

July 13, 2022 9:00 a.m. – 12:00 p.m.

Registration is open until Wednesday, July 6, 2022

The Drug Court Networking Forum is an event open to anyone involved with a drug, sobriety, hybrid, or family dependency treatment court in Michigan. Attendees are given the opportunity to network, share ideas, and discuss topics relevant to these treatment courts. The format will include small- and large-group discussions. This training will be held remotely via Zoom.

How Being Trauma-Informed Improves Criminal Justice Response (Virtual)

July 21, 2022 8:00 a.m. – 12:00 p.m.

Registration is open until Thursday, July 14, 2022

This training is open to THE CRIMINAL JUSTICE PROFESSIONALS team members in a problem-solving court (drug, sobriety, hybrid, family dependency, juvenile, tribal Healing-to-Wellness, veterans treatment courts, and mental health courts). Attendees will learn what trauma is, how to create an awareness of the impact that trauma has on behavior, and how to develop trauma-informed responses. This is an interactive training tailored for criminal justice professionals to help avoid re-traumatizing individuals, increase safety for all, and decrease recidivism. This training will be held remotely via Zoom.

Friend of the Court Alternative Dispute Resolution Training Webinar (Virtual)

August 22, 2022 9:00 a.m. – 3:30 p.m.

August 26, 2022 9:00 a.m. – 3:30 p.m.

August 29, 2022 9:00 a.m. – 3:30 p.m.

MCR 3.224 provides that the State Court Administrative Office will establish training and qualification requirements for persons conducting each type of alternative dispute resolution activity.

The Michigan Judicial Institute, in collaboration with the Friend of the Court Bureau, will provide a virtual 20-hour Friend of the Court Alternative Dispute Resolution training. Upon completion, this training will qualify friend of the court staff to conduct facilitative and information-gathering conferences and friend of the court domestic relations mediation.

Child Welfare Services Training and Development Opportunities

Child Welfare Services Recorded Web-based Meet-ups

This link provides access to previously recorded webinars.

National Center for State Courts

Diverting Youth from the Justice System (Webinar)

July 21, 2022 12:00 p.m. – 1:30 p.m.

What Juvenile Courts Need to Know to Support Kids in the Post-Pandemic Era:

Living through a pandemic has significantly impacted young people, their families and the social structures that support them. Many of the individual and environmental protective factors that reduce the likelihood of juvenile court involvement – including school connectedness and pro-social supports – have been compromised during and because of the pandemic. The long-term impacts for adolescents, as well as our youngest children, are yet to be seen. The field of juvenile justice practice and policy has made great strides in recent years to implement strategies that work to divert low-risk juveniles, effectively identify and address the criminogenic needs of young people and reduce recidivism. Courts need to prepare now to effectively serve young people who have experienced school disconnectedness, social isolation and exacerbated mental health needs. Please join NCSC in a six-part webinar series focused on how juvenile court stakeholders can best support young people in the post-pandemic era across the justice system.

Diversion from formal court involvement increases positive outcomes for young people, their families, and communities, and the benefits are boosted with community engagement. Tessa Upin from the Crime and Justice Institute and Rachel Bingham, Director of the Office of Statewide Programs - Kentucky Administrative Office of the Courts, describe statewide efforts to divert youth from the justice system, promote equity and reduce recidivism.

Alternatives to Detention (Webinar)

July 28, 2022 1:00 p.m. – 2:30 p.m.

What Juvenile Courts Need to Know to Support Kids in the Post-Pandemic Era:

Nate Balis, Director of the Juvenile Justice Strategy Group at the Annie E. Casey Foundation, will describe lessons learned from building better and more equitable youth justice system through the Juvenile Detention Alternative Initiative (JDAI). He is joined by Lisa Gerry, Executive Director of the Office of Equity and Inclusion for Maryland's Department of Juvenile Services, who will tell the story of how Maryland launched and sustained improvement efforts through JDAI.

Interstate Commission for Juveniles

ICJ On-Demand Training Site

ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes.

Cases

Juvenile Cases:

In re AJR, Minor. (COA No. 258788 June 9, 2022)

Child Protective Proceeding – Removal and jurisdiction MCR 3.993(A)(1) “allows a respondent to appeal as of right any order removing a child from a parent’s care and custody.” In re AJR, ___ Mich App ___, ___ (2022) (quotation marks omitted). “Removing” is not defined by the court rule; however, after consulting dictionary definitions, the Court concluded that “a child is removed from a parent’s care and custody when he or she is taken from that parent’s residence and placed in a different residence.” Id. at ___. In this case, “the trial court held that the child would remain in the care of his father, but authorized the Department of Health and Human Services to provide respondent with a full range of unsupervised visitation”; accordingly, the trial court did not enter an order removing the child from a parent’s care and custody because it “did not order that the minor child be placed in a different residence.” Id. at ___ (cleaned up). Further, the “order does not qualify as a final order because it did not dismiss the petition with respect to respondent, and the trial court did not terminate its jurisdiction”; “[r]ather, the order provided for continuance of the matter as to respondent.” Id. at ___ (dismissing the matter for lack of jurisdiction because respondent is not entitled to appeal the order as of right).

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"SCAO MONTHLY UPDATE FOR APRIL 2022"

2022-05-10T09:46:28-04:00

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SCAO MONTHLY JUVENILE UPDATE – APRIL 2022

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Memorandums and Resources

Michigan's Juvenile Justice Reform Task Force (website)

JJ Reform Task Force Meeting Information

Memorandum re: Friend of the Court Annual Statutory Review due August 5, 2022 (April 22, 2022)

Updated Trial Court Performance Measures Data (April 28, 2022)

Memorandum re: Michigan Reunification Month (April 14, 2022)

Memorandum re: Drug Testing in Abuse and Neglect Cases Following MDHHS Communication Issuance 22-025 (April 11, 2022)

Enacted Legislation

No new enacted legislation since the last monthly update.

Pending Legislation

Legislation with Movement in April:

HB-5274'21 - Modify Procedure to Amend or Expunge Inaccurate Reports

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.628

What it does: This bill amends section 8 of 1975 PA 238 to do the following:

? Require DHHS to enter each report made under the Child Protection Law Act that is the result of a field investigation into an electronic management system (not a CPSI system).

? In addition to classifying an allegation by category, would require DHHS to determine whether the child abuse or child neglect could be classified as a central registry case.

? Modifies the procedure to amend or expunge inaccurate reports of child abuse or child neglect.

HB-5275'21 - Statewide Electronic Case Management System for Child Abuse and Child Neglect Cases Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.627j

What it does: This bill amends section of 8 of 1975 PA 238 to do the following:

? Require DHHS to maintain a statewide electronic case management system

? Require DHHS to classify a confirmed case of methamphetamine production, confirmed serious abuse or neglect, confirmed sexual abuse, or confirmed sexual exploitation as a central registry case.

? Outline requirements for DHHS to notify in writing for each person who is named in the record as a perpetrator of the confirmed cases listed above

HB-5276'21 - Identification of Child Abuse and Child Neglect Claims that Require Central Registry Listing

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.625 et seq.

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What it does: This bill amends sections 5, 7d, 7e, 7g, 8b, 8d, & 9a of 1975 PA 238 to do the following:

? Provide for the identification of certain child abuse and child neglect claims that require listing in the central registry.

? Change references to “substantiated” or “unsubstantiated” reports of child abuse or child neglect to reports that “confirmed” or “unconfirmed”

? Change references to “serious physical injury” of a child to “serious physical harm”.

? Provide for “Wyatt’s Law” which concerns the release of specified information under certain circumstances.

HB-5277'21 - Central Registry Definition Modifications

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.622

What it does: This bill amends section 2 of 1975 PA 238 to modify definitions for certain child abuse or child neglect claims that require listing in the central registry.

HB-5278'21 - Release of Information Regarding Child Abuse of Child Neglect Claims

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.627

What it does: This bill amends section 7 of 1975 PA 238 to modify the list of entities to include child caring institutions licensed under the child care licensing act to the list of those entities to which certain confidential information regarding child abuse or child neglect claims may be made available to.

HB-5279'21 - Updates to Citations of Child Protection Law

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.120

What it does: This bill amends section 10 of 1973 PA 116 to update the childcare licensing act to update a citation to reflect renumbering of provisions.

HB-5280'21 - Child Care Licensing Act - Definitions

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.111 What it does: This bill amends sec 1 of 1973 PA 116 to define “severe physical injury” for the purpose of the childcare-licensing act.

HB-5594'21 - Administrative Review for Licensure of Certain Persons (Listed Prior to Effective Date)

Last Action: 04/28/2022 – Presented to the Governor.

Statute Cite: MCL 722.621 – 722.638

What it does: This bill amends 1975 PA 238 (MCL 722.621-722.638) by adding section 71 to allow an individual listed on the central registry before the effective date of the bill to submit a request to DHHS for administrative review for the expungement of his/her name from the statewide electronic case management system.

Adopted Court Rules/Administrative Orders

ADM File O. 2002-37 - Amendment of MCR 1.109

Issued and Adopted with concurrent comment period: 04/13/2022

Comment Period Expiration: 08/01/2022

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? The amendment of MCR 1.109 provides an e-filing court with the authority to determine the most appropriate means of sending notices and other court-issued documents that are generated from its case management or local document management system.

Proposed Court Rules/Administrative Orders

ADM File No. 2021-18 - Proposed Amendment of MCR 3.943 Update Definition of 'Firearm" in Juvenile Proceedings

Issued: 04/13/2022

Comment Period Expiration: 08/01/2022

? The proposed amendment of MCR 3.943 would update the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g.

ADM File No. 2020-33 - Proposed Amendment of MCR 3.903 Clarify Definition of a Party in Child Protective Proceedings

Issued: 04/13/2022

Comment Period Expiration: 08/01/2022

? The proposed amendment of MCR 3.903 would clarify the definition of a party in child protective proceedings.

Case Law Update

04/08/2022 (COA) In re Smith-Taylor, Minors.

TERMINATION OF PARENTAL RIGHTS – REASONABLE EFFORTS

In lieu of granting leave to appeal, the Michigan Supreme Court reversed In re Smith-Taylor, ___ Mich App ___ (2021), holding that “[t]he Court of Appeals erred by concluding that [petitioner Department of Health and Human Services] was excused from preparing a case service plan for the respondent.” In re Smith-Taylor, ___ Mich ___, ___ (2022). “Reasonable efforts to reunify the child and family must be made in all cases absent aggravated circumstances,” and “must include a service plan outlining the steps that both [the Department] and the parent will take to rectify the issues that led to court involvement and to achieve reunification.” Id. at ___ (quotation marks and citations omitted; alteration in original). In this case, “[i]t is undisputed that the Department failed to create a case service plan for the respondent,” and “the Department joined the respondent-mother in a motion to remand the case to the trial court because the Department concedes that it did not make reasonable efforts to reunite the family as required by statute.” Id. at ___.

04/05/2022 Foster v Foster

DIVORCE – COLLATERAL ATTACK OF CONSENT JUDGMENT AND FEDERAL PREEMPTION

A party cannot “collaterally attack a provision in [a] consent judgment of divorce . . . on the ground that it conflicts with federal law.” Foster v Foster, ___ Mich ___, ___ (2022). In this case, “the provision of the parties’ consent judgment of divorce that divides defendant’s military retirement and disability benefits is generally enforceable under the doctrine of res judicata even though it is preempted by federal law,” and federal preemption “does not deprive our state courts of subject-matter jurisdiction over a divorce action

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involving the division of marital property.” Id. at ___. Accordingly, “defendant’s challenge to enforcement of the provision at issue is an improper collateral attack on a final judgment.” Id. at ___.

04/01/2022 In re BMGZ, Minor.

SPECIAL IMMIGRANT JUVENILE STATUS – REQUEST FOR TRIAL COURT FINDINGS RENDERED MOOT

In lieu of granting leave to appeal, the Michigan Supreme Court vacated In re BMGZ, ___ Mich App ___, ___ (2021), because “[w]here a case is rendered moot while on appeal, it is appropriate to vacate the decisions of the lower courts.” In re BMGZ, ___ Mich ___, ___ (2022). After the Court of Appeals judgment was entered, “the trial court denied appellant’s petition for stepparent adoption because the proposed adoptee had turned 18, although the denial was without prejudice to filing a petition for an adult adoption”—“[b]ecause the underlying proceedings have been dismissed, this appeal, which challenges the trial court’s interlocutory decision to decline appellant’s request that it make factual findings in support of appellant’s pursuit of Special Immigrant Juvenile status, is moot.” Id. at ___.

Forms

Tentative List of Form Changes to be Released for June 2022

Upcoming Trainings

MJI Training Opportunities

Friend of the Court and IV-D Case Closure

May 12, 2022 9:00 a.m. – 12:30 p.m. (Virtual)

This ninety-minute presentation will review State Court Administrative Office and Office of Child Support policies, current Michigan Compiled Laws, and Federal Regulations. In addition, case closure issues will be discussed, along with possible solutions to address those issues.

Juvenile Justice Vision 20/20 June 2022 Conference (In person at Grand Valley State University)

June 16, 2022 9:00 a.m. – 3:00 p.m.

June 17, 2022 9:00 a.m. – 2:00 p.m.

Juvenile Justice Vision 20/20 is proud to announce the first in-person Spring Training Conference since the pandemic, on June 16 & 17 at Grand Valley State University, Loosemore Auditorium, PEW Campus, downtown Grand Rapids! The theme of the conference is “The Post-Pandemic Impact on Juvenile Justice Youth”, and we are seeking CEUs for those interested. We hope you can join us!

How Being Trauma-Informed Improves Criminal Justice Response (Virtual Problem Solving Courts Training)

July 21, 2022 8:00 a.m. – 12:00 p.m.

July 22, 2022 8:00 a.m. – 12:00 p.m.

This training is open to all team members in a problem-solving court (drug, sobriety, hybrid, family dependency, juvenile, tribal Healing-to-Wellness, veterans’ treatment courts, and mental health courts). Attendees will learn what trauma is, how to create an awareness of the impact that trauma has on behavior, and how to develop trauma-informed responses. This is an interactive

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training tailored for criminal justice professionals to help avoid re-traumatizing individuals, increase safety for all, and decrease recidivism. This training will be held remotely via Zoom.

Child Welfare Services Training and Development Opportunities

Child Neglect and Physical Abuse: A Day Half-Full

May 24, 2022 9:00 a.m. – 12:00 p.m. (Virtual)

This half-day training will include two presentations from dynamic expert Dr. Dena Nazer, MD. The first presentation, “Child neglect - it takes a village to neglect a child”, will focus on case scenarios emphasizing that ensuring the child's rights is a responsibility of all of us. The second presentation, “Child Physical Abuse: Bruise, Burns, and Broken Bones", will provide a case-based presentation with a focus on recognizing child physical abuse. The training will also emphasize the importance of working together as a multidisciplinary team in order to prevent child maltreatment.

Intended Audience: This training is intended for all child welfare professionals including jurists, court staff, prosecutors, attorneys, Lawyer-Guardians Ad Litem, CPS and foster care workers, tribes, private agencies, law enforcement, medical professionals, mental health providers, education professionals, and foster care review board members.

Child Sexual Abuse Investigation Two-Day Continuum Conference (In person)

June 22, 2022 8:45 a.m. – 4:30 p.m.

June 23, 2022 8:45 a.m. – 4:30 p.m.

This two-day program will be the crescendo to the Child Sexual Abuse Investigation: 8-Part Webinar Series. Conference attendees will have participated in the webinars. The purpose of the training is to take a deeper dive and expand upon what was presented during the webinars. Rather than a formal presentation from a podium, the program format will be a moderated fireside chat addressing questions submitted by registrants. This unique format will allow for a meaningful two-way dialogue between the speakers and attendees facilitated by a moderator.

This training is intended for individuals that participated in the SCAO-CWS Child Sexual Abuse Investigation 8-Part Webinar Series.

Child Welfare Services Recorded Web-based Meet-ups

This link provides access to previously recorded webinars.

Interstate Commission for Juveniles

ICJ On-Demand Training Site

ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes.

Michigan Juvenile Justice Assessment System (MJJAS) Training Schedule

2022 MJJSA Training Schedule

? May 11-12, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual

? July 13-14, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA

? August 4-5, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual

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? September 7-8, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual

? October 26-27, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA

Michigan Department of Health and Human Services (MDHHS) Division of Juvenile Justice (JJ) is pleased to announce a sixth year of statewide training on the Michigan Juvenile Justice Assessment System (MJJAS). The MJJAS is provided to MDHHS through a contractual agreement with the University of Cincinnati Research Institute and is known as the Ohio Youth Assessment System© (OYAS). The MJJAS is a structured risk assessment tool that identifies the likelihood of a youth engaging in future criminal behavior and informs appropriate risk classification. The MJJAS assessments can be re-administered over time to determine changes in risk level based upon changes in behavioral profile or life situation. The MJJAS can be used at five different decision points for a youth: diversion, detention, disposition, juvenile justice residential placement, and reentry to the community from residential placement. In addition to risk assessment, results from the disposition, residential and reentry tools are assistive for case planning, and for identification of residential and re-entry service needs.

There is no registration fee for this training. JJ specialists and supervisors, and public and private residential treatment staff and supervisors working with juvenile justice youth under the care and supervision of MDHHS will be given priority to register for this training. Registration for others is on a first-come, first-served basis. Participants that fail to attend, arrive late, depart early, or attend only portions of the training will not be eligible to receive certification to administer the MJJAS. Virtual classes will close approximately two weeks prior to registration or sooner if class size is reached.

Registration for MJJAS classes should be completed using the MDHHS Learning Management System (LMS). Those with access to MiSACWIS should have MDHHS LMS access and should follow the listed steps in LMS to register for the training. If you encounter problems or need assistance registering for training contact the LMS helpdesk at MDHHStraining@michigan.gov. If you need to cancel after you have been confirmed to attend the training, this should also be completed through the LMS. If you do not have access to the LMS, you may contact Michelle Sage at MDHHS-MJJAS@michigan.gov or Clinton Wirtz, at wirtzc@michigan.gov for information on how to register.

"SCAO MONTHLY UPDATE FOR MARCH 2022"

2022-05-10T09:27:42-04:00

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SCAO MONTHLY JUVENILE UPDATE- MARCH 2022

MICHIGAN JUVENILE JUSTICE REFORM TASK FORCE WEBSITE

♦JJ Reform Task Force Meeting Information

FAQ re: Personal Identifying Information in Court Filings (April 5, 2022)

MEMORANDUM RE: LIST OF AUTHORIZED INDIVIDUAL--PERSONAL IDENTIFYING INFORMATION (PII) (MARCH 23, 2022)

Memorandum re: Updated Court Manual, Abstract Training Manuals and Abstract Training (March 23, 2022)

Enacted Legislation

PA 47 OF 2022- EXPANSION OF "MANDATED REPORTERS"

Effective Date: June 21, 2022

Statute Cite: MCL 722.623

What it does: The bill amends the Child Protection Law to include physical therapists, physical therapist assistants, occupational therapists, and athletic trainers as mandated reporters. The Law requires individuals in various professions or occupations to report to the Department of Health and Human Services (DHHS) if they have reasonable cause to suspect child abuse or child neglect. These individuals, commonly referred to as "mandated reporters", include medical professionals, marriage therapists, licensed counselors, social workers, social service technicians, law enforcement officers, members of the clergy, and regulated child care providers. The bill will include physical therapists, physical therapist assistants, occupational therapists, and athletic trainers in the list of mandated reporters.

Pending Legislation

HB 5940' 22 - Amend Definition of Child Abuse and Child Neglect

Last Action: 03/23/2022 – Introduced and Referred to Comte on Health Policy

Statute Cite: MCL 722.622

What it does: This bill would amend the Child Protection Law to include serious mental or emotional abuse in the definitions of “child abuse” and “child neglect."

HB 5941'22 - Prohibit Sentencing Juvenile to Imprisonment for Life Without Parole Eligibility

Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary

Statute Cite: MCL 769.1, MCL 769.1b, MCL 769.25, & MCL 769.25a.

What it does: This bill would amend the Code of Criminal Procedure to prohibit sentencing an individual convicted as a juvenile to imprisonment for life without parole eligibility.

HB 5942'22 - Provide Parole for Certain Juvenile Offenders

Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary

Statute Cite: MCL 791.234

What it does: This bill amends the Corrections Code of 1953 to provide for parole of certain juvenile offenders under certain circumstances.

HB 5943'22 - Prohibit Sentencing Juveniles to Imprisonment for Life Without Parole Eligibility

Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary

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Statute Cite: MCL 712A.158

What it does: This bill amends the Juvenile Code to prohibit sentencing juveniles to imprisonment for life without parole eligibility.

HB 5944'22 - Exclude Application to Juvenile Offenders for Certain Offenses (Imprisonment of Life Without Parole Eligibility)

Last Action: 03/22/2022 – Introduced and Referred to Comte on Judiciary

Statute Cite: MCL 750.16

What it does: This bill amends the Michigan Penal Code to exclude the application of certain penalties for certain crimes of imprisonment for life without parole eligibility to juvenile offenders.

HB 5974'22 - Revise Definition of Relative for Purposes of Placement

Last Action: 03/24/2022 – Introduced and Referred to Comte on Families, Children, and Seniors

Statute Cite: MCL 712A.13a

What it does: This bill amends the Juvenile Code to revise the definition of a relative for the purpose of placement.

HB 5975'22 - Trauma-Informed Required Training for Lawyer-Guardian Ad Litem

Last Action: 03/24/2022: Introduced and Referred to Comte on Families, Children, and Seniors

Statute Cite: MCL 712A.17d

What it does: This bill amends the Juvenile Code to require trauma-informed training for lawyer-guardian ad litem.

Adopted Court Rules/Administrative Orders

ADM File no. 2020-26 - Amendments to MCR 1.109 and MCR 8.119 - Effective Date of Amendments to Person Identifying Information

Issued: 03/09/2022

Effective: 04/01/2022

? The amendments of MCR 1.109 and MCR 8.119 update references to the effective date of the amendments regarding personal identifying information.

ADM File No. 2021-33 - Amendment of Administrative Order No. 1997-10

Issued: 03/16/2022

Effective: 07/01/2022

? The amendment of Administrative Order No. 1997-10 clarifies which information about jobs within the judiciary would be available to the public.

Case Law Update

02/24/2022 (COA) In re M.R. Simonetta, Minor.

TERMINATION OF PARENTAL RIGHTS – AGGRAVATED CIRCUMSTANCES OF SEVERE PHYSICAL ABUSE

“Reasonable efforts to reunify the child and family must be made in all cases except those involving aggravated circumstances”—“‘aggravated circumstances’ are limited to six events or occurrences in the life of a ‘child.’” In re Simonetta, ___ Mich App ___, ___ (2022) (quotation marks and citation omitted).

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“Maternal drug use does not give rise to an aggravated circumstance permitting the termination of parental rights under any circumstances because a fetus is not a ‘child’ under the Probate Code.’’ Id. at ___. Accordingly, “respondent’s prenatal use of opioids and marijuana [did not] permit[] petitioner to withhold services on the ground that the child had been subjected to an ‘aggravated circumstance,’ specifically ‘severe physical abuse’”—“[a]ggravated circumstances do not exist in this case as a matter of law, supporting vacation of the termination of respondent’s parental rights on that ground alone.” Id. at ___. Moreover, “[t]he circuit court additionally erred by construing the evidence as consistent with ‘severe physical abuse’” where petitioner “failed to introduce any evidence supporting that respondent’s opioid use harmed [the child]”; “[r]ather, the evidence demonstrates that [the child] was placed in a special care nursery only after her meconium tested positive for opioids, not because she exhibited signs or symptoms of neonatal abstinence syndrome.” Id. at ___.

02/24/2022 (COA) In re Farris/White, Minors.

TERMINATION OF PARENTAL RIGHTS – AGGRIEVED PARTY

“An appeal can only be taken by parties who are affected by the judgment appealed from,” and “[a] party is aggrieved by a judgment or order when it operates on his rights and property or bears directly on his interest.” In re Farris/White, ___ Mich App ___, ___ (2022) (quotation marks and citation omitted). In this case, following the termination of respondent’s parental rights, “[r]espondent’s counsel . . . executed a request for appellate counsel ‘on behalf of’ respondent,” even though “trial counsel readily acknowledged that he had not been in communication with respondent for several months at the time he filed the request.” Id. at ___. “Based on these facts, . . . ‘an aggrieved party’ did not file the request for appellate counsel”; “[i]nstead, respondent’s trial counsel initiated the appeal by requesting that respondent be appointed appellate counsel.” Id. at ___. “Under these circumstances, the court should have rejected the unauthorized request for appellate counsel.” Id. at ___.

Forms

Notice of Revisions to PC 652, Limited Guardianship Placement Plan (April 6, 2022)

This form was revised to insert language requiring the use of MC 97a to protect personal identifying

information pursuant to MCR 1.109(D). The form was also modified to incorporate current form

standards for design and MiFILE.

Notice of Revisions to FOC 113, Motion to Permit Foreign Travel

This form was revised to remove a field for protected personal identifying information pursuant to

MCR 1.109(D). The form was also modified to incorporate current form standards for design and

MiFILE.

Upcoming Trainings

MJI Training Opportunities

Interaction of Immigration and Family Law: Session I - Immigration Law Overview

April 14, 2022 9:00 a.m. – 10:00 a.m. (Virtual)

Immigration status is an important factor in the lives of many who appear in state court proceedings. A basic understanding of the U.S. immigration system, including an overview of U.S. immigration laws and the agencies that implement and enforce immigration law, can inform interactions with various legal systems. This session will introduce key concepts and terms in U.S.

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immigration law, explain how the immigration process works, and provide general information on the various issues and concerns that arise for immigrants in different statuses.

Michigan Probate & Juvenile Registers Association Adoption Conference

April 22, 2022 10:00 a.m. – 2:30 p.m. (Comfort Inn – Mt. Pleasant, MI)

For more information about the Michigan Probate & Juvenile Registers Association one-day adoption conference, contact Veronica Stillson at stillsonv@vanburencountymi.gov, or Theresa Nelson at nelsont@clinton-county.org.

Interaction of Immigration and Family Law: Session II - Interaction of Immigration and Family Law

April 28, 2022 9:00 a.m. – 10:00 a.m. (Virtual)

Building from the overview from Session I, this session will focus on the ways in which issues of immigration law and status interact with family law. In particular, this session will examine ways in which interactions with family service and child protection systems create both opportunities and dangers for immigrant families and will identify principles for approaching the complex interaction of family and immigration law.

Child Welfare Services Training and Development Opportunities

Pre-Petition and Attorney Contract Strategies for Maximizing Legal Representation in Child Protective Proceedings

April 14, 2022 12:00 p.m. – 1:00 p.m.

This presentation will discuss how counties can invest in pre-petition legal advocacy programs to safely eliminate the need for foster care and will highlight innovative programs in Michigan. Presenters will also focus on why it is important for courts to review and reevaluate their court appointed attorney contracts to maximize services to the court and families, in an effort to achieve more timely permanency.

Intended Audience: This training is intended for jurists, court staff, MDHHS and private agency managers, parent attorneys, and Lawyer-Guardians Ad Litem.

Child Neglect and Physical Abuse: A Day Half-Full

May 24, 2022 9:00 a.m. – 12:00 p.m. (Virtual)

Intended Audience: This training is intended for all child welfare professionals including jurists, court staff, prosecutors, attorneys, Lawyer-Guardians Ad Litem, CPS and foster care workers,

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tribes, private agencies, law enforcement, medical professionals, mental health providers, education professionals, and foster care review board members.

Child Welfare Services Recorded Web-based Meet-ups

This link provides access to previously recorded webinars.

Interstate Commission for Juveniles

ICJ On-Demand Training Site

ICJ’s On-Demand training modules provide 24/7 access to a variety of information related to the compact rules and processes.

Michigan Juvenile Justice Assessment System (MJJAS) Training Schedule

2022 MJJSA Training Schedule

? May 11-12, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual

? July 13-14, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – TBA

? August 4-5, 2022 9:00 a.m. – 4:00 p.m. (a lunch break will be provided) – Virtual