Rule 3.932.Summary Initial Proceedings

MCR 3.932 is where a delinquency petition first meets a judge. The rule sets out the preliminary inquiry, the five paths open to the court, and the terms of the consent calendar — the track that handles a matter without formal jurisdiction and without a disposition.

Preliminary inquiry, under subrule (A)

When a petition arrives without a request for detention, the court may conduct a preliminary inquiry. Except in cases involving offenses enumerated in the Crime Victim's Rights Act, MCL 780.781(1)(g), that inquiry need not be on the record. After completing and considering the results of the risk screening tool and mental health screening tool under MCR 3.907, the court may, in the interest of the juvenile and the public, deny authorization of the petition, refer the matter to a public or private agency under the Juvenile Diversion Act, direct that the juvenile and the parent, guardian, or legal custodian appear for further informal inquiry, proceed on the consent calendar, or place the matter on the formal calendar. Subrule (B) adds that a case involving an offense listed in the Crime Victim's Rights Act may be removed from the adjudicative process only on compliance with the procedures in that act.

Getting onto the consent calendar, under subrule (C)

The court may use the consent calendar when it determines that formal jurisdiction should not be acquired. Transfer must happen before disposition and may occur any time after the court receives a petition, citation, or appearance ticket, and the clerk then makes the case nonpublic. Placement requires agreement from the juvenile, the parent, guardian, or legal custodian, and the prosecutor, plus the court's consideration of the screening results from MCR 3.907. Restitution is not a factor in that decision under MCL 712A.2f. Where law requires biometric data for the alleged offense and the court has authorized the petition, collection happens before the case goes on the consent calendar.

How a consent calendar case runs

• The prosecutor gives the victim notice required by article 2 of the Crime Victim's Rights Act, MCL 780.781 to 780.802.
• The court holds a case conference with the juvenile, the juvenile's attorney if any, and the parent, guardian, or legal custodian; the prosecutor and victim may attend but need not.
• The court issues a written case plan under MCL 712A.2f(9). The completion period must not exceed 6 months unless the court finds a longer period is needed for a specific treatment program and puts that determination in the consent calendar case record.
• The case plan is not an order, though it is part of the case record, and the court enters no order of disposition while the case sits on the consent calendar.
• Records are nonpublic, with access governed by MCL 712A.2f(7), and destruction follows the retention schedule established by the State Court Administrative Office.

Leaving the consent calendar, under subrules (C)(9) and (10)

Two routes lead off the consent calendar before completion. Subrule (C)(6) supplies one: if the court determines that the juvenile violated the terms of the case plan, it may transfer the case to the formal calendar under subrule (C)(9). Subrule (C)(9) supplies the broader one: if it appears to the court at any time that proceeding on the consent calendar is not in the best interest of either the juvenile or the public, the court may transfer the case and then proceed where court proceedings left off. An unauthorized petition moves without a hearing, so the court can decide whether to authorize it. An authorized one requires a hearing on the record where the court advises the juvenile that statements made during consent calendar proceedings cannot be used against the juvenile at a trial on the same charge, and gives the juvenile and counsel the chance to state why the case should not be transferred. The other exit is completion: on a judicial determination that the juvenile completed the terms of the case plan, the court reports the successful completion to the juvenile and the Department of State Police on that department's prescribed form.

The formal calendar, under subrule (D)

Subrule (D) runs the other direction. The court may authorize a petition to be filed and docketed on the formal calendar if it appears that formal court action is in the best interest of the juvenile and the public, and it may transfer a matter to the consent calendar at any time before disposition. One limit sits inside that authority: the court must not authorize an original petition under MCL 712A.2(a)(1) unless the prosecuting attorney has approved submitting the petition to the court.