Mich. Ct. R. 3.943

As amended through September 25, 2024

Rule 3.943 - Dispositional Hearing

(A) General. A dispositional hearing is conducted to determine what measures the court will take with respect to a juvenile and, when applicable, any other person, once the court has determined following trial or plea that the juvenile has committed an offense.

(B) Time. The interval between the plea of admission or trial and disposition, if any, is within the court's discretion. When the juvenile is detained, the interval may not be more than 35 days, except for good cause.

(C) Evidence.

(1) The Michigan Rules of Evidence, other than those with respect to privileges, do not apply at dispositional hearings. All relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible at trial.

(2) The juvenile, or the juvenile's attorney, and the petitioner shall be afforded an opportunity to examine and controvert written reports so received and, in the court's discretion, may be allowed to cross-examine individuals making reports when those individuals are reasonably available.

(3) No assertion of an evidentiary privilege, other than the privilege between attorney and client, shall prevent the receipt and use, at a dispositional hearing, of materials prepared pursuant to a court-ordered examination, interview, or course of treatment.

(D) Presence of Juvenile and Victim.

(1) The juvenile may be excused from part of the dispositional hearing for good cause shown, but must be present when the disposition is announced.

(2) The victim has the right to be present at the dispositional hearing and to make an impact statement as provided by the Crime Victim's Rights Act, MCL 780.751et seq.

(E) Dispositions.

(1) If the juvenile has been found to have committed an offense and the court has considered the results of a risk and needs assessment pursuant to MCR 3.907, the court may enter an order of disposition as provided by MCL 712A.18.

(2) In making second and subsequent dispositions in delinquency cases, the court must consider imposing increasingly severe sanctions, which may include imposing additional conditions of probation; extending the term of probation; ordering a juvenile who has been residing at home into an out-of-home placement; ordering a more restrictive placement; ordering state wardship for a child who has not previously been a state ward; or any other conditions deemed appropriate by the court. Waiver of jurisdiction to adult criminal court, either by authorization of a warrant or by judicial waiver, is not considered a sanction for the purpose of this rule.

(3) Before a juvenile is placed in an institution outside the state of Michigan as a disposition, the court must find that:

(a) institutional care is in the best interests of the juvenile,

(b) equivalent facilities to meet the juvenile's needs are not available within Michigan, and

(c) the placement will not cause undue hardship.

(4) The court shall not enter an order of disposition for a juvenile offense until the court verifies that the juvenile has had biometric data collected. If the juvenile has not had biometric data collected, the court shall proceed as provided by MCR 3.936.

(5) If the court enters an order pursuant to the Crime Victim's Rights Act, MCL 780.751et seq., the court shall only order the payment of one assessment at any dispositional hearing, regardless of the number of offenses.

(6) The court shall prepare and forward to the Secretary of State an abstract of its findings at such times and for such offenses as are required by law.

(7) Mandatory Detention for Use of a Firearm.

(a) In addition to any other disposition, a juvenile, other than a juvenile sentenced in the same manner as an adult under MCL 712A.18(1)(o), shall be committed under MCL 712A.18(1)(e) to a detention facility for a specified period of time if all the following circumstances exist:

(i) the juvenile is under the jurisdiction of the court under MCL 712A.2(a)(1),

(ii) the juvenile was found to have violated a law of this state or of the United States or a criminal municipal ordinance, and

(iii) the juvenile was found to have used a firearm during the offense.

(b) The length of the commitment to a detention facility shall not exceed the length of the sentence that could have been imposed if the juvenile had been sentenced as an adult.

(c) "Firearm" includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

(F) Advice of Appellate Rights. At the conclusion of the dispositional hearing, the court must provide the juvenile with advice of appellate rights in accordance with MCR 3.937.

Mich. Ct. R. 3.943

Last amended effective 12/14/2016; amended August 14, 2019, effective 8/14/2019; amended March 25, 2021, effective 3/24/2021; amended June 28, 2023, effective 9/1/2023; amended June 5, 2024, effective 10/1/2024.

Staff Comment (ADM File No. 2023-36): The amendments of MCR 3.901, MCR 3.915, MCR 3.916, MCR 3.922, MCR 3.932, MCR 3.933, MCR 3.935, MCR 3.943, MCR 3.944, MCR 3.950, MCR 3.952, MCR 3.955, MCR 3.977, MCR 6.931, MCR 6.933, and addition of MCR 3.907 implement the Justice for Kids and Communities legislation derived from recommendations made by the Michigan Task Force on Juvenile Justice Reform.

The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.

CLEMENT, C.J. (concurring). I wholeheartedly support the Court's adoption of these amendments to implement the Justice for Kids and Communities legislation. I note one potential wrinkle-the amended version of MCL 712A.2f(9)(c) in 2023 SB 428, which was signed into law as 2023 PA 301, states that "[t]he period for a juvenile to complete the terms of a consent calendar case plan must not exceed 3 months . . . ." However, 2024 HB 5393 is currently awaiting passage in the House of Representatives and would change that time limit to six months. Under the amendments to the court rules that our Court now adopts, MCR 3.932(C)(5) refers to the current three-month limit. Should the Legislature extend the time limit to six months, I trust the Court will make a corresponding change to the court rule in an expedited manner.