Rule 3.934.Arranging Court Appearance; Detained Juvenile
Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026
Full Text of Rule 3.934
Plain-English Summary
MCR 3.934 covers the stretch between apprehension and the preliminary hearing. When a juvenile is picked up and not released, someone has to move the case in front of the court, get a petition prepared, and tell the family where the juvenile is. This rule assigns those tasks to the apprehending officer and sets the ground rules for holding a juvenile when the courthouse is closed.
What the officer must do
Subrule (A) applies whenever a juvenile is apprehended and not released, with one exception: it steps aside if the prosecuting attorney has authorized a complaint and warrant charging the juvenile with an offense as though an adult under MCL 764.1f. Short of that, the officer carries four duties:
- take the juvenile forthwith either before the court for a preliminary hearing or to a place the court has designated pending the scheduling of that hearing, under subrule (A)(1);
- ensure the petition is prepared and presented to the court;
- notify the parent, guardian, or legal custodian that the juvenile is being detained and that their presence is needed at the preliminary hearing;
- prepare a custody statement for submission to the court.
Subrule (A)(4) says what the custody statement holds: the grounds for detention, the time and location of the detention, and the names of the people notified with the times of notification. Where nobody was notified, the statement gives the reason for the failure.
Holding a juvenile when the court is not open
Subrule (B) answers the practical problem of a late-night apprehension. A juvenile taken without a court order while the court is not open may be detained pending the preliminary hearing on either of two footings under subrule (B)(1): the offense or the juvenile meets one of the circumstances set out in MCR 3.935(D)(1), or no parent, guardian, or legal custodian can be located.
Subrule (B)(2) builds the after-hours channel that makes that decision possible. Each court must designate a judge, referee, or other person whom an officer taking a juvenile into custody can contact when the court is not open. Each county must also have a designated facility open at all times where the officer can obtain the name of the person to contact for permission to detain the juvenile pending the preliminary hearing. The permission rests with the court's designee, not with the officer.
Frequently Asked Questions
When does MCR 3.934 not govern an apprehended juvenile?
Subrule (A) opens with an exception. If the prosecuting attorney has authorized a complaint and warrant charging the juvenile with an offense as though an adult under MCL 764.1f, the four officer duties listed in subrule (A) do not apply.
What has to be in a custody statement?
Subrule (A)(4) lists two categories. The statement gives the grounds for detention and the time and location of the detention, and it gives the names of the persons notified and the times of notification. If notification did not happen, the statement states the reason.
Can a juvenile be detained when the court is closed?
Yes, under subrule (B)(1). A juvenile apprehended without a court order while the court is not open may be detained pending the preliminary hearing if the offense or the juvenile meets a circumstance set forth in MCR 3.935(D)(1), or if no parent, guardian, or legal custodian can be located.
Who does an officer contact after hours to detain a juvenile?
Subrule (B)(2) requires the court to designate a judge, referee, or other person for that call. Each county must also keep a designated facility open at all times where the officer can obtain that person's name and ask permission to hold the juvenile until the preliminary hearing.
Does the officer have to notify a parent that the juvenile is detained?
Subrule (A)(3) requires the officer to notify the parent, guardian, or legal custodian of the detaining of the juvenile and of the need for that person to be present at the preliminary hearing. Whether the notice was given, and when, then goes into the custody statement.