Rule 3.933.Acquiring Physical Control of Juvenile

MCR 3.933 covers the moment before any hearing: an officer has a juvenile, or a court is deciding whether to send someone to get one. The rule channels that moment into a short set of options and attaches a separation requirement that governs whenever the juvenile is being held.

Custody without a court order, under subrule (A)

Subrule (A) opens with what has already not happened. The officer apprehended the juvenile for an offense without a court order, did not warn and release, did not refer the juvenile to a diversion program, and does not have authorization from the prosecuting attorney to file a complaint and warrant charging the juvenile as though an adult under MCL 764.1f. From there, three options remain:

• issue a citation or ticket to appear at a date and time to be set by the court, and release the juvenile;
• accept a written promise from the parent, guardian, or legal custodian to bring the juvenile to court if requested, at a date and time set by the court, and release the juvenile to that adult; or
• take the juvenile into custody and ask the prosecutor to file a petition.

The third option is conditioned. It is available when the officer has reason to believe that the nature of the offense makes release inconsistent with the interest of the juvenile or the public, or when a parent, guardian, or legal custodian cannot be located or has refused to take custody.

Custody with a court order, under subrule (B)

When a petition is presented to the court and probable cause exists to believe the juvenile committed an offense, the court may issue an order to apprehend. The order may authorize entry of specified premises as required to bring the juvenile before the court, and it may authorize detention pending the preliminary hearing. One limit rides on the detention piece: a juvenile may not be detained in a secure facility pending hearing unless the court has considered the results of a detention screening tool conducted under MCR 3.907.

Calling the court, under subrule (C)

The apprehending officer must contact the court immediately when the officer detains the juvenile, when the officer cannot reach a parent, guardian, or legal custodian who will appear promptly to accept custody, or when that adult will not agree to bring the juvenile to court as subrule (A)(2) contemplates. Each trigger marks a case that will not resolve itself at the curb.

Separation from adults, under subrule (D)

While awaiting the arrival of a parent, guardian, or legal custodian, an appearance before the court, or otherwise, the juvenile must be maintained separately from adult prisoners to prevent any verbal, visual, or physical contact with an adult prisoner. Naming three forms of contact rather than one sets the measure: physical separation alone is not what the rule asks for, because contact that is only heard or only seen is contact the rule names.