Record Of Preliminary Hearing (Delinquency Proceedings) {JC 09}

Approved, SCAO JIS CODE: RPH STATE OF MICHIGAN RECORD OF CASE NO. JUDICIAL CIRCUIT - FAMILY DIVISION PRELIMINARY HEARING PETITION NO. COUNTY (DELINQUENCY PROCEEDINGS) PAGE 1 Court address Court telephone no.1. In the matter of (name(s), alias(es), DOB) 2. Date 3. Name Judge RefereePARTIES PRESENT 4. Parent(s) 8. Attorney 5. Stepparent/Guardian/Legal custodian 9. Guardian ad litem 6. Juvenile 10. Other 7. Petitioner 11. Other PROCEDURE/ADVICE OF RIGHTS (on reverse) SUMMARY of findings and recommendations (summarize testimony if taken) 12. The juvenile is being detained, is represented by an attorney, and waived the probable cause determination. 13. There is is not probable cause to believe the juvenile committed the offense(s). 14. The juvenile is charged with an offense that requires fingerprinting and has not been fingerprinted. 15. a. The offense alleged is so serious that release would endanger public safety. b. The juvenile is charged with a felony offense and will likely commit another offense pending trial if released, and another petition is pending against the juvenile. the juvenile is on probation. the juvenile has a prior adjudication but was not under the courts jurisdiction at the time of apprehension. c. There is substantial likelihood that if the juvenile is released to the parent, guardian, or legal custodian (with or without conditions), the juvenile will fail to appear at the next court proceeding. d. The home conditions of the juvenile make detention necessary. e. The juvenile has run away from home. f. The juvenile has failed to remain in a detention facility or nonsecure facility or placement (in violation of valid court order). g. Pretrial detention is otherwise specifically authorized by law. h. The juvenile is alleged to have violated a personal protection order and it appears there is a substantial likelihood of retaliation or continued violation. 16. The juvenile is a member of or eligible for membership in an American Indian tribe or band, named (complete and mail Form JC 48). Findings have been made on the record. 17. Continuation of residence in the home would be contrary to the welfare, or placement would be in the best interest, of the juvenile because 18. Based on the following findings (attach list if more space is needed) the report dated Identify type of report testimony of backed up by written transcript Name reasonable efforts were were not made prior to the placement of the juvenile in foster or other out-of- home care, to prevent or eliminate the need for removing the juvenile from his/her home. (SEE SECOND PAGE) PL - 96 272, 42 USC 670 et seq., MCL 712A.2, MCL 712A.10(1)(c), MCL 712A.11, MCL 712A.14, MCL 712A.15, MCR 3.935, MCR 3.980JC 09 (9/03) RECORD OF PRELIMINARY HEARING (DELINQUENCY PROCEEDINGS), PAGE 1 <<<<<<<<<********>>>>>>>>>>>>> 2 Approved, SCAO STATE OF MICHIGAN RECORD OF CASE NO. JUDICIAL CIRCUIT - FAMILY DIVISION PRELIMINARY HEARING PETITION NO. COUNTY (DELINQUENCY PROCEEDINGS) PAGE 2 Court address Court telephone no.In the matter of PRELIMINARY DISPOSITION (Fill out completely) IT IS RECOMMENDED/ORDERED: 19. The petition is authorized for filing. not authorized for filing and is placed on the consent calendar. referred to alternate services. dismissed. 20. The juvenile is released to under the terms and conditions in item 24. 21. The juvenile is temporarily placed with/detained at Bond is set at $ 22. The juvenile shall be fingerprinted in accordance with the Order for Fingerprints (form MC 233). 23. The preliminary hearing is adjourned to Date, time, and location 24. Other: Date Judge/Referee Bar no. CHECKLIST FOR ADVICE OF RIGHTS AND GENERAL PROCEDURE FOR PRELIMINARY HEARING 1. Determine whether parent, guardian, or legal custodian has been notified and is present and if not, whether guardian ad litem or attorney is present. 2. Read allegations in the petition and explain nature of proceedings. 3. Determine whether the petition should be dismissed, whether the matter should be referred to alternate services or heard on the consent calendar, or whether the preliminary hearing shall continue. If the hearing continues: a. Advise juvenile of right to an attorney. b. Advise juvenile of right to trial by a judge or jury and that a referee may be assigned to hear the case unless demand for a judge or jury is timely filed with the court. c. Advise juvenile of privilege against self incrimination, and that any statement by juvenile may be used against the juvenile. d. As appropriate, inquire if the juvenile or a parent is a member of any American Indian tribe or band, and if so, determine the identity of the tribe or band and follow procedures in MCR 3.980 (required for charges under MCL 712A.2(a)(2)-(4), (d)).4. Allow juvenile an opportunity to deny or otherwise plead to allegations. 5. If the hearing is held by a referee, advise juvenile of the right to file a request for review of the referees recommended findings and conclusions. 6. Decide whether to authorize the petition, and if so, determine if fingerprints must be taken and whether juvenile should be released (with or without conditions) or detained. 7. Advise parent, guardian, or legal custodian where additional costs or reimbursement may be assessed. 8. If the juvenile may be entitled to IV-E funding, and is removed from the home, make contrary to the welfare and reasonable efforts findings. JC 09 (9/03) RECORD OF PRELIMINARY HEARING (DELINQUENCY PROCEEDINGS), PAGE 2