Rule 3.984.Apprehension of Alleged Violator

MCR 3.984 governs the hours between an apprehension and a courtroom. It is written for the officer, and it separates the two paths a minor can take: home with a parent, or into custody with a set of steps that follow immediately.

Release to a parent

Subrule (A) covers the officer who apprehends a minor for violating a minor personal protection order without a court order for apprehension and does not warn and release the minor. In that situation the officer may accept a written promise from the minor's parent, guardian, or custodian to bring the minor to court, and may release the minor to that person. The promise is written, not spoken, and the officer's authority to release runs to the parent, guardian, or custodian rather than to the minor.

When the minor stays in custody

Subrule (B) applies in two situations: the apprehension was made under a court order specifying that the minor is to be brought directly to court, or the apprehension was made without a court order and either no written promise was obtained or it appears to the officer that there is a substantial likelihood of retaliation or violation by the minor. Four duties then attach, and the rule says the officer shall do them immediately:

• tell the minor's parent or parents, guardian, or custodian about the apprehension, where the minor is, and the need to be present at the preliminary hearing, if their whereabouts are known;
• take the minor before the court for a preliminary hearing, or to a place designated by the court pending the scheduling of one;
• prepare a custody statement for the court giving the grounds for the detention with its time and location, and the names of persons notified with the times of notification, or the reason for failure to notify; and
• ensure that a supplemental petition is prepared and filed with the court.

That last duty matters. Custody under this rule does not stand on its own; a written petition has to follow the minor into court.

Separation from adults

Subrule (C) is absolute about placement. While awaiting the arrival of the parent, guardian, or custodian, appearance before the court, or otherwise, a minor under 17 years of age must be maintained separately from adult prisoners to prevent any verbal, visual, or physical contact with an adult prisoner. All three kinds of contact are named, so a barrier that stops one but not the others falls short.

After hours, and out of county

Subrule (D) requires the court to designate a judge, referee, or other person who may be contacted by an officer taking a minor under 17 into custody when the court is not open. Each county must also have a designated facility, open at all times, where an officer can obtain the name of the person to contact for permission to detain the minor pending the preliminary hearing.

Subrule (E), subject to MCR 3.985(H), addresses the minor apprehended in a jurisdiction other than the one that issued the order. The apprehending jurisdiction may notify the issuing jurisdiction that it may request the respondent's return for enforcement proceedings.