Rule 3.907.Screening Tools and Risk and Needs Assessments

MCR 3.907 puts structured assessment at four points in a juvenile case: diversion, detention in a secure facility, disposition, and reassessment once a case is under way. Screening before a diversion decision is written as permissive; the detention screening tool and the predisposition risk and needs assessment are not. Subrule (A) sets the frame, requiring the court to conduct and use screening tools and risk and needs assessments in accordance with applicable law and the guidelines established by the State Court Administrative Office.

Screening before a diversion decision

Subrules (B) and (C) are parallel. Except as otherwise provided in MCL 722.823(4), a risk screening tool and a mental health screening tool may be conducted on a minor before a diversion decision is made, and the court or court intake worker must use a validated tool of each kind adopted by their county. The results of both, together with the best interests of the juvenile and the public, must be considered in deciding whether to refer the matter to an agency under the Juvenile Diversion Act, MCL 722.821 et seq., or to proceed on the consent calendar under MCR 3.932(C) or place the matter on the formal calendar under MCR 3.932(D).

Detention screening

Subrule (D) is mandatory rather than permissive. An individual or agency designated by the court must use a detention screening tool on the juvenile, and the court must consider the results before a juvenile may be detained in a secure facility pending hearing. A new tool must be used and considered before each placement in a secure facility, so an earlier screening does not carry forward. The court must share the results with all parties at least 7 days before a detention hearing as provided in MCR 3.922(B)(4).

Risk and needs assessment before disposition

Subrule (E) requires the court, before disposition and for each juvenile, to order a qualified individual or agency to conduct a validated risk and needs assessment. The assessor must use the results to inform a dispositional recommendation filed with the court, weighing the least restrictive setting possible, public safety, victim interests, rehabilitation of the juvenile, and improved juvenile outcomes including educational advancement.

Subrule (E)(2) sets the reporting duty. The results and a written recommendation must be filed with the court and provided to the juvenile, the juvenile's attorney, and the prosecuting attorney no less than 7 days before the dispositional hearing, and the recommendation must state the overall risk score, the type, level, and length of supervision, and specific terms and conditions, including the frequency of reviews and requirements for early termination of supervision.

The court must consider the results under subrule (E)(3) when deciding whether to place the juvenile under supervision, on probation, or in out-of-home placement. Subrule (E)(4) requires a new assessment when six months have passed since the last one, when the juvenile has experienced a major life event, or when there is a major change in the juvenile's proceedings.

Use of the juvenile's statements

Subrule (F) protects candor. Any statements a juvenile makes as part of a screening tool or risk and needs assessment under this rule must not be admitted into evidence against the juvenile at any adjudication hearing.