MI Rules MCR 3.931
 
Michigan Compiled Laws Annotated Currentness
Michigan Court Rules of 1985
Chapter 3. Special Proceedings and Actions
Subchapter 3.900. Proceedings Involving Juveniles (Refs & Annos)
RULE 3.931 INITIATING DELINQUENCY PROCEEDINGS

(A) Commencement of Proceeding. Any request for court action against a juvenile must be by written petition.

(B) Content of Petition. A petition must contain the following information:

(1) the juvenile's name, address, and date of birth, if known;

(2) the names and addresses, if known, of

(a) the juvenile's mother and father,

(b) the guardian, legal custodian, or person having custody of the juvenile, if other than a mother or father,

(c) the nearest known relative of the juvenile, if no parent, guardian, or legal custodian can be found,

(d) the juvenile's membership or eligibility for membership in an Indian tribe, if any, and the identity of the tribe, and

(e) any court with prior continuing jurisdiction;

(3) sufficient allegations that, if true, would constitute an offense by the juvenile;

(4) a citation to the section of the Juvenile Code relied upon for jurisdiction;

(5) a citation to the federal, state, or local law or ordinance allegedly violated by the juvenile;

(6) the court action requested;

(7) if applicable, the notice required by MCL 257.732(7), and the juvenile's Michigan driver's license number; and

(8) information required by MCR 3.206(A)(4), identifying whether a family division matter involving members of the same family is or was pending.

(C) Citation or Appearance Ticket.

(1) A citation or appearance ticket may be used to initiate a delinquency proceeding if the charges against the juvenile are limited to:

(a) violations of the Michigan Vehicle Code, or of a provision of an ordinance substantially corresponding to any provision of that law, as provided by MCL 712A.2b.

(b) offenses that, if committed by an adult, would be appropriate for use of an appearance ticket under MCL 764.9c.

(2) The citation or appearance ticket shall be treated by the court as if it were a petition, except that it may not serve as a basis for pretrial detention.

(D) Motor Vehicle Violations; Failure to Appear. If the juvenile is a Michigan resident and fails to appear or otherwise to respond to any matter pending relative to a motor vehicle violation, the court

(1) must initiate the procedure required by MCL 257.321a for the failure to answer a citation, and

(2) may issue an order to apprehend the juvenile after a petition is filed with the court.

CREDIT(S)

[Adopted February 4, 2003, effective May 1, 2003, 467 Mich.; Amended February 2, 2010, effective May 1, 2010, 485 Mich.]

Current with amendments received through January 1, 2011.


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