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)
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)
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,
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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
? 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 also 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.
