Proposed Amendment of Juvenile Court Standards, 2008-40

Full title: Proposed Amendments of Juvenile Court Standards and Administrative…

Court: Supreme Court of Michigan

Date published: Nov 25, 2008

ADM File No. 2008-40 (Mich. Nov. 25, 2008)

Opinion

ADM File No. 2008-40.

November 25, 2008.

On order of the Court, this is to advise that the Court is considering amendment of Administrative Order No. 1985-5. Before the Court determines whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will be considered at a public hearing by the Court before a final decision is made. The schedule and agendas for public hearings are posted on the Court's website atwww.courts.mi.gov/supremecourt.

Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.

[Deletions are indicated by strikeover and insertions by underline.]

Pursuant to Administrative Order No. 1985-5, this Court adopted the Juvenile Court Standards and Administrative Guidelines for the Care of Children, the Standards to take effect on May 1, 1985 and to expire on May 1, 1988 as amended by Administrative Order No. 1988-3. We now order that the Juvenile Court Standards and Administrative Guidelines Juvenile Court Standards and Administrative Guidelines continue in effect, as modified infra below, until the further order of this Court:

Juvenile Court Standards and Administrative Guidelines for the Care of Children

I. Court administrators, supervisory personnel, county juvenile officers, probation officers, caseworkers, and personnel of court-operated child care facilities shall meet the following minimum standards in order to qualify for employment, unless the state court administrator grants an exception under I(G). Desired standards are those preferred qualifications that extend beyond minimal standards but are not required to perform the job function.

These standards shall apply only to new staff hired by the juvenile court on or after the effective date of these standards. A court employee who is currently in a position that was approved under regulations that preceded the implementation of these standards shall be deemed qualified for that position. A court-appointed person hired subsequent to after the effective date of these standards shall meet the minimum qualification of these standards for that position.

A. Court Administrator/Director. The person in the juvenile court who is directly responsible to the chief or presiding probate judge and who is delegated administrative responsibilities for the operation of the court.

A court administrator, at the time of appointment, shall possess the following qualifications:

1. Education and Experience:

a. Desired Standards:

(1. ) Master's degree in social sciences, business or public administration, education, criminal justice, a related field that qualifies the person to manage or supervise the delivery of juvenile services, or a law degree, with a minimum of four years of supervisory experience with juvenile court staff.

b. Minimum Standards

(1. ) Master's degree in social sciences, business or public administration, education, criminal justice, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, or a law degree, with a minimum of one year of experience working with juvenile court staff or related human service field.

(2. ) A bachelor's degree in those same areas and two years of supervisory experience working with juvenile court staff or related human services field. (Courts with only one level of supervision may use two years of casework experience in lieu of supervisory experience.)

c. [Unchanged.]

B. Supervisory Personnel. Those directly responsible for ongoing supervision of professional and support staff providing direct services to children, youth, and their families.

A supervisor, at the time of appointment, shall possess the following qualifications:

1. Education and Experience

a. Desired Standards

(1. ) Master's degree in social work, education, or a human service field, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, with one year of professional experience in juvenile court work.

b. Minimum Standards

(1. ) A bachelor's degree in social sciences, education, or a human service field, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, with two years of professional experience with a juvenile court staff or in a child welfare agency.

c. [Unchanged.]

C. Direct Services: Probation Officers/Casework Staff. The professional staff who work directly with children and their families and other relevant individuals and who are primarily responsible for the development, implementation and review of plans for children, youth and their families.

Each county shall provide for a minimum of one delinquency probation officer/casework staff person (but exclusive of clinical staff and detention home personnel) for every 6,000 (or major fraction thereof) children under 19 years of age in the county.

A probation officer/caseworker, at the time of appointment, shall possess the following qualifications:

1. Education and Experience

a. Desired Standards

(1. ) Bachelor's degree in social work, criminal justice, education, or behavioral sciences, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, with two years of casework experience in juvenile court or a related child welfare agency and must complete the Michigan Judicial Institute certification training for juvenile court staff within two years after date of employment.

b. Minimum Standards

(1. ) Bachelor's degree in social sciences, education, or a related human service field, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, and must complete the Michigan Judicial Institute certification training for juvenile court staff within two years after date of employment.

c. [Unchanged.]

D . Administrator of County Child Care Facility. The person responsible to the chief or presiding probate judge or to the juvenile court administrator and to whom is delegated overall administrative responsibility for the day-to-day operation of county child care facilities operated by the court.

The administrator, at the time of appointment, shall possess the following qualifications:

1. Education and Experience

a. Desired Standards

(1. ) Master's degree in social work, sociology, psychology, guidance and counseling, education, business administration, criminal justice, or public administration, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, and two years of supervisory experience in a juvenile court, public or private child care facility.

b. Minimum Standards

(1. ) Same as above with a minimum of one year of supervisory experience in a juvenile court, public or private child care facility.

(2. ) Bachelor's degree in social science, education, or human service field, or a related field that qualifies the person to manage or supervise the delivery of juvenile services, and two years of experience in a juvenile court, public or private child care facility.

c. [Unchanged.]

E. Child Care Staff Supervisor The child care supervisor is directly responsible for supervision of child care workers in the facility.

The child care supervisor, at the time of appointment, shall possess the following qualifications:

1. Education and Experience

a. Desired Standards

(1. ) Bachelor's degree in social work, psychology, sociology, education, criminal justice or related human services field or a related field that qualifies the person to manage or supervise the delivery of juvenile services, with two years of experience with a juvenile court or a public or private child care agency.

b. Minimum Standards

(1. ) Two years of college in a human services or education field or a related field that qualifies the person to manage or supervise the delivery of juvenile services, and two years of work experience in a child care institution.

c. [Unchanged.]

F . Child Care Worker. The person who provides direct care of children in the facility.

A child care worker, at the time of appointment, shall possess the following qualifications:

1. Education and Experience

a. Desired Standards

(1. ) Bachelor's degree in social sciences, or human services, or related field, which qualifies the person to work with juveniles.

b. Minimum Standards

(1. ) A high school diploma or its equivalent.

c. [Unchanged.]

G. Exceptions. The state court administrator may authorize a court to hire an employee who does not meet the education requirements established in these standards if the court provides a reasonable period within which the candidate must meet the education standards.

H. A bachelor's degree or other postsecondary degree is a degree from a college or university that is accredited by an accrediting body of the Council for Higher Education Accreditation.

II. [Unchanged.]

Staff Comment: This proposal would expand the eligible education categories prospective employees (including administrators, supervisory personnel, county juvenile officers, probation officers, caseworkers, and personnel of court-operated child care facilities) must meet to be considered for employment. In addition, the proposal would allow the state court administrator to waive the employment standards if the court provides a reasonable period within which the candidate must meet the education standards, and establishes minimum accreditation requirements.

The staff comment is not an authoritative construction by the Court.

A copy of this order will be given to the secretary of the State Bar of Michigan and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk in writing or electronically by March 1, 2009, at P.O. Box 30052, Lansing, MI 48909, orMSC_clerk@courts.mi.gov. All comments received within the public comment period will be posted on the Court's website at www.courts.mi.gov/supremecourt/resources/administrative/index.htm. When filing a comment, please refer to ADM File No. 2008-40.