Mich. Comp. Laws § 722.821
Short title.
This act shall be known and may be cited as the "juvenile diversion act".
Michigan Compiled Laws — JUVENILE DIVERSION ACT (Act 13 of 1988)
Michigan · statute · 13 of 1988, Mich. Comp. Laws · 11 active provisions
Mich. Comp. Laws § 722.822
Definitions.
As used in this act: (a) "Court" means the family division of circuit court. (b) "Divert" or "diversion" means the placement that occurs when a law enforcement agency makes a formally recorded investigation or apprehension for an act by a minor that if a petition were filed with the court would bring that minor within…
Mich. Comp. Laws § 722.823
Powers of law enforcement official or court intake worker where petition not filed or authorized; diversion of minor; exception specified juvenile violation; use of risk screening or mental health screening tools; guidelines.
(1) If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following: (a) Release the minor into the custody of the minor's parent, guardian, or custodian an…
Mich. Comp. Laws § 722.824
Decision to divert minor; factors to be examined.
Before a decision is made to divert a minor, all of the following factors shall be examined: (a) The nature of the alleged offense. (b) The minor's age. (c) The nature of the problem that led to the alleged offense. (d) The minor's character and conduct. (e) The minor's behavior in school, family, and group settings. (…
Mich. Comp. Laws § 722.825
Conference; notice; time; prohibitions; diversion agreement; filing petition; noncompliance with terms of agreement or plan.
(1) If a decision is made to divert a minor with a referral under section 3(1)(b), a conference with the minor and the minor's parent, guardian, or custodian must be held to consider alternatives to the filing of a petition with the court or to the authorization of a petition. The law enforcement official or court inta…
Mich. Comp. Laws § 722.826
Decision to divert minor; information to be filed; revocation.
(1) When a decision is made to divert a minor, the law enforcement official or court intake worker shall file with the court in the county in which the minor resides or is found all of the following information: (a) The minor's name, address, and date of birth. (b) The act or offense for which the minor was apprehended…
Mich. Comp. Laws § 722.827
Separate diversion record.
The court in the county in which a diverted minor resides or is found shall keep a separate diversion record for that minor.
Mich. Comp. Laws § 722.828
Opening record; destruction of record.
(1) Except as otherwise required in subsection (2), a record required to be kept under this act shall be open only by order of the court to a person who has a legitimate interest. (2) A record required to be kept under this act shall be open to a law enforcement agency or court intake worker for only the purpose of dec…
Mich. Comp. Laws § 722.829
Use of record; research request; data use agreement; violation as misdemeanor; penalty; admissibility of screening tools.
(1) Except as provided in subsection (2), a record kept under this act must not be used by any person, including a court official or law enforcement official, for any purpose except to make a decision on whether to divert a minor. (2) An individual or organization may submit a research request for a record kept under t…
Mich. Comp. Laws § 722.830
Conditional effective date.
This act shall not take effect unless Senate Bill No. 602 of the 84th Legislature is enacted into law.
Mich. Comp. Laws § 722.831
Effective date.
This act shall take effect April 1, 1988.