JUVENILE JUSTICE REFORM

BY LISA HARRIS (OAKLAND)

OCTOBER 1 IS HERE, which means Michigan Justice for Kids and Communities - Juvenile Justice reform statutes and rules are in effect. The juvenile Justice Partnership Committee has worked closely with SCAO and DHHS to implement the provisions of Michigan’s Juvenile Justice Reforms. 

JUVENILE JUSTICE REFORM KEY PROVISIONS:

• Eliminate most non-restitution fees and costs associated with juvenile justice system involvement, including costs of care, services, and court-appointed representation. The legislation also removes the parent or guardian burden to pay for costs associated with diversion services and ensures that youth are no longer placed outside of their home solely for nonpayment or refusal to perform community services.
  • Most counties are no longer collecting fees.

 

• Create more rights for youth and families involved in the juvenile justice system. This involves expanding the State Appellate Defender Office to include appellate services for youth and expanding the Office of the Child Advocate to include investigations and reports in juvenile justice facilities in addition to child welfare facilities.

 

• Changes to the Child Care Fund also include increasing the state’s reimbursement rate for community-based services and supervision. This will incentivize and support counties and Tribes to develop, expand, and strengthen the use of community-based services and formal alternatives to detention and incarceration to include pre-arrest diversion.
  • Beginning October 1, 2024, the Child Care Fund may be used for community-based programs and practices starting when a complaint, referral or petition is generated by the prosecutor, law enforcement, or school personnel for a youth at risk of juvenile court involvement.  The CCF will provide 75% reimbursement for community-based supervision, services, and per diem rates for the use of respite care and shelter for less than 30 days. 
  • More collaborations with organizations to provide community-based programming.
  • Slower escalation to more supervision and/or placement out of the home.
  • Public Acts 287, 288, 289, 290, 297, 298 and 301 of 2023 require the use of screening and assessment tools on youth at various points to help inform decision-making. Usage of the tools is a requirement for courts to receive 75% reimbursement through the Child Care Fund.  

 

• Enhance the Child Care Fund, the primary juvenile justice funding vehicle in Michigan, by establishing a minimum framework of juvenile justice best practices statewide. This includes requirements for counties to consistently use validated risk screening and assessment tools across Michigan’s juvenile justice system continuum to inform diversion, detention, and dispositional decision-making.
  • Effective October 1, 2024, courts are required to utilize a detention screening tool and consult the results before a juvenile may be detained in a secure facility – at any stage of the proceeding, including after-hours requests for detention, probation or prosecution requests/recommendations for detention (pre/post disposition).
  • The law further requires the State Court Administrative Office (SCAO) to determine the appropriate detention screening tool for courts to utilize.
    • Based upon the SCAO’s research and collaboration with the Juvenile Justice Partnership Committee’s Detention Subgroup, the Michigan Juvenile Justice Assessment System detention screening tool (MJJAS/OYAS-DET) has been selected as the statewide detention screening tool for courts.
  • Scored Risk/Mental Health Screening Tools are to be used prior to ANY decision making – INCLUDING DIVERSION AND DISPOSTION.

The detention screening tool has been the most discussed of the reforms as there have been concerns with the choice of the tool, the use of the tool and the implementation of the process in after-hours detention scenarios. 

MCL 712A.15(3) requires that before detaining a youth in a secure facility, the court must consult the results of the detention screening tool and follow any rules regarding its use that are promulgated by the supreme court.
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Additionally, MCR 3.933, MCR 3.935, and MCR 3.944 require the court to consult the results of the detention screening tool before detaining a youth in a secure facility. A new detention screening tool must be conducted prior to each placement in a secure facility.

SCAO was statutorily authorized to select and has selected the MJJAS as the detention screening tool.  It is a research-based tool and is already being used by some Michigan courts in decision making for not only detention, but also diversion and disposition. 

There are some concerns as to whether this tool is as informative for a predisposition detention decision. It actually evaluates recidivism and not the juvenile’s risk to the community at arrest and request for detention. There are also concerns that its implementation may be problematic in arrest scenarios.  Law enforcement must facilitate the juvenile's participation in less-than-ideal environments and when emotions may be high. 

SCAO and DHHS continue to work with the court and law enforcement to address concerns and resolve conflicts.
 
Below are links for additional information on Juvenile Justice Reform and implementation.

https://www.courts.michigan.gov/4a7b24/siteassets/blocks/2024-08-scao-juvenile-justice-screening-and-assessment-tools-guidelines.pdf

https://www.courts.michigan.gov/administration/offices/child-welfare-services/

https://www.courts.michigan.gov/48d247/siteassets/educational-materials/cws/ppt-presentations/mi-bill-package-webinar.pdf
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https://micounties.org/wp-content/uploads/Michigan-Taskforce-on-Juvenile-Justice-Reform-Final-Report.pdf
 
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