NCJ Number
68336
Journal
DETROIT LAWYER Volume: 40 Issue: 5 Dated: (MAY 1978) Pages: 7-13
Date Published
1978
Length
7 pages
Annotation
MICHIGAN'S PROPOSED JUVENILE CODE PUTS ABUSED, CRIMINAL, AND STATUS OFFENDING YOUTHS UNDER SEPARATE LEGAL PROCESS, MANDATES COUNSEL FOR THEM, AND INTRODUCES MANY OTHER CHANGES.
Abstract
AFTER MUCH DEBATE AND REVISION, MICHIGAN'S PROPOSED JUVENILE CODE, BILL 6184, WAS COMPLETED BY ITS COMMITTEE IN 1978. CONCERNING DELINQUENT YOUTHS, UNDER BILL 6184, JUDGES HAVE AUTHORITY TO PLACE THEM IN SECURE STATE FACILITIES; PRESENTLY, ONLY THE MICHIGAN DEPARTMENT OF SOCIAL SERVICES MAY DO THIS. FURTHER, BILL 6184 MANDATES COUNSEL FOR ALL INDIGENT DEFENDANTS AND THE PARTICIPATION OF PROSECUTORS AT ALL TRIALS, REMOVING THE UNCONSTITUTIONAL DUTY OF THE COURT IN SOME CASES OF ADVOCATING FOR THE PEOPLE. BILL 6184 ALSO OPENS TRIALS OF JUVENILES TO THE PUBLIC AT THE DISCRETION OF THE DEFENSE AND PROSECUTION, GIVES YOUTHS A RIGHT TO A PRE-DETENTION HEARING, AND PROHIBITS JAILING YOUTHS UNDER 15. TO ELIMINATE THE JAILING OF YOUTHS IN AREAS LACKING JUVENILE DETENTION CENTERS, A RECENT LAW REQUIRES THE MICHIGAN DEPARTMENT OF SOCIAL SERVICES TO PLAN FOR REGIONAL DETENTION CENTERS. CONCERNING NEGLECTED OR ABUSED YOUTHS, THE NEW BILL DEFINES CONDUCT CONSTITUTING CHILD ABUSE AND MORE STRICTLY DEFINES WHEN A CHILD MAY BE TAKEN FROM HIS PARENTS. CONCERNING STATUS OFFENDERS, FAMILY COURTS WILL HAVE JURISDICTION. BILL 6184 FURTHER PROHIBITS STATUS OFFENDERS' BEING PROSECUTED UNTIL SCHOOLS OR PARENTS HAVE EXHAUSTED ALL OTHER RECOURSE, BUT IT MAKES NO DISTINCTION BETWEEN STATUS AND OTHER YOUTHFUL OFFENDERS WHEN THEY ARE BROUGHT TO TRIAL. FOOTNOTES ARE INCLUDED.