Bill Number (s)

Brief Legislation Overview

Anticipated Long-term Impact

SB: 418 (PA 297)

Child Care Fund: Effective October 1, 2024

• Establishes a minimum framework of juvenile justice best practices statewide, by requiring each jurisdiction to consistently 1) use validated screening and assessment tools to inform diversion, consent calendar, detention, and dispositional decisions; 2) utilize research-based juvenile probation standards to be developed by SCAO; and 3) Employ a local quality assurance specialist to support the county with implementing research-based practices (except Tribes or counties receiving the basic grant).
• Expands what the CCF can be used for, now to include practices starting when a complaint, referral, or petition is generated for a youth at risk of juvenile court involvement through residential placement and reentry.
• Increases the reimbursement rate from 50% to 75% for in-home services, including community-based supervision and services and for the use of respite and shelter care for under 30 days.
• Integrates costs for Raise the Age into the CCF.

• Directs MDHHS to align policies, budget requirements, and oversight practices with the new goals of the CCF and to ensure appropriate funding.
• Requires MDHHS, in consultation with SCAO, to develop performance measures to evaluate county adherence to the best practice requirements, evaluate the state’s overall goals of the CCF, and submit an annual report to the legislature.  

• Supporting Alternatives to Detention: Increasing the reimbursement rate for community-based care services will incentivize counties to prioritize these services over residential, out-of-home placement.

• Long-term Cost Savings: Investing in community-based care and alternatives to detention represents a significant cost-saving measure when compared to confinement.

• Utilizing Pre-Arrest Diversion: Increased support for pre-arrest diversion services can result in a decrease in the number of youth involved with the juvenile justice system.

• Prioritizing Public Safety: Investment in proven alternatives while ensuring equitable access to evidence-based care for youth with greater needs is essential.

• Informed Decision Making: Requires local jurisdiction to use risk screening and assessment tools.
• Improving Youth Outcomes:  Expanding community-based care is proven to improve youth success compared to confinement.

HB 4625  (PA 287)

, HB 4626  (PA 288)

HB 4628 (PA 289)

Risk Screening & Mental Health Screening Tools, Juvenile Diversion, and Consent Calendar – Effective October 1, 2024

• Restitution can no longer be used as a factor in considering whether a youth can be offered a diversion or consent calendar.
• A risk screening tool and a mental health screening tool must be conducted on youth before making a diversion or consent calendar decision, unless 1) a youth is accused of a specified juvenile violation; or 2) a youth is currently under supervision.
• A law enforcement officer or court intake officer must use the results of the screening tools to inform diversion decisions.
• The court must use the results of the screening tools to inform consent calendar decisions.
• Local jurisdictions can select a risk screening tool or mental health screening tool to use, as long as the tools are research-based, nationally validated, and comply with to be developed SCAO guidelines.

• Screening tool information and results cannot be used in any adjudicatory hearing or other court process.
• Juvenile diversion agreements cannot last longer than 3 months, unless there is a determination made that a longer period is needed for the minor to complete a specific treatment program.

• Resource savings: Diverting low-risk youth from the juvenile justice system can save resources by avoiding the costs associated with out of home placement.

• Equity and Fairness: The legislation aims to create a more equitable system by standardizing diversion processes and tools.

• Developmentally Appropriate Interventions: Diversion is a more developmentally appropriate approach for youth.

• Community Integration: Youth who go through diversion programs are more likely to stay connected to their communities, reducing the cycle of systems involvement.

•  Predictability and Stability: The uniform time frame provides predictability and stability for youth involved in the justice system, while still allowing for individualized care.
• Local Flexibility: Youth who may need longer-term care are eligible for extending diversion programming.
• Consistency: Establishing a statewide standard of a three-months ensures that all youth in Michigan receive consistent treatment, regardless of their location or circumstance.
• Individualized Approach: Risk and mental health screenings enable a more individualized approach to each youth’s case, taking into account their unique needs and risks for better long-term outcomes.
• Informed Decision-Making:  The use of screenings ensures that decisions made for the consent calendar are well-informed, resulting in interventions and support that are better tailored to each youth’s specific circumstance.
• Improved Mental Health Outcomes: The emphasis on mental health screening contributes to better long-term mental health outcomes for youth, addressing underlying challenges that may have led to system involvement.

 SB: 421 (PA 298)

Risk and Needs Assessment – Effective October 1, 2024

• A risk and needs assessment shall be conducted by a designated individual or agency on every youth prior to disposition, and results shall be used to inform a dispositional recommendation.

• Results of the assessment and a dispositional recommendation shall be provided to the court and all parties on the case.
• The court must use the results to inform a dispositional decision, including whether to place the youth on supervision, the length, level, and conditions of supervision, and whether to place the youth out of the home.
• A new risk assessment must be conducted on each youth at least every 6 months, when a change happens in the child’s case, or when a major life event happens in the life of the child.
• Local jurisdictions can select a risk and needs assessment tool, as long as the tool is research-based, nationally validated, and complies with to be developed SCAO guidelines.
• Assessment information and results cannot be used in any adjudicatory hearing or other court process.

• Informed Dispositional Decisions: The use of risk and needs assessments can lead to more informed dispositional decisions, considering the unique needs and risks of each youth, leading to better long-term outcomes.

• Consistency Across Jurisdictions: The legislation promotes consistency in decision-making across different jurisdictions, ensuring that youth are treated more uniformly throughout the state.

• Enhanced Public Safety: Incorporating assessments into decision-making takes into account public safety concerns, ensuring appropriate measures are taken for youths rehabilitation and individual needs.

HB: 4629 (PA 290)

Detention Screening Tool – Effective October 1, 2024

• A detention screening tool must be conducted prior to a youth being detained in a secure detention facility.
• The court must use the results of the detention screening tool to inform decisions on the use of secure detention. Results from the tool must be shared with all parties to the case prior to a detention hearing.
• SCAO shall determine the appropriate detention screening tool with input from local courts.
• Screening tool information and results cannot be used in any adjudicatory hearing or other court process.

• Cost Savings: Reducing unnecessary detention can lead to cost savings, allowing resources to be directed toward more effective and long-term interventions for youth.

• Reduced Inappropriate Detention Usage: By using validated screening tools, the legislation aims to reduce the inappropriate detention of youth who do not pose a public safety or flight risk, which can have long-term negative consequences.

• Reduction in Recidivism: By avoiding inappropriate detention and providing more appropriate interventions, the legislation is likely to lead to a reduction in recidivism rates, contributing to safer communities in the long term.

 SB: 425 (PA 299)

State Appellate Defender Office (SADO) – Effective October 1, 2024

• Adds to the requirements for the appellate defender commission to include individuals who represent the interests of individuals who have been impacted by the youth or adult justice system and someone recommended by the Michigan Indian Judicial Association.
• The appellate defender commission is charged with developing a system of appellate defense services for indigent youth.
• The commission must also keep current a statewide roster of attorneys eligible for, and willing to accept, appointment to serve as appellate defense counsel for indigent youth.
• The bill prescribes a state reimbursement process for local governments that pay for locally appointed private counsel within their indigent defense systems.

• Improved Oversight: SADO’s enhanced role in overseeing the system of appellate defense for juveniles may lead to increased accountability and quality in the legal representation of young people facing appeals.

• Equitable Appeals Process: By replicating SADO’s model for adult criminal appeals to youth cases, the legislation aims to create a more equitable and fair appellate defense system for Michigan’s youth, ensuring that they receive adequate legal representation in their appeals.

• Reducing Disparities: The legislation may help reduce disparities in legal representation and outcomes for juvenile defendants, which could contribute to a more just and equitable juvenile justice system.

SB: 426  (PA 300)

Residential Per Diem Rates – Effective October 1, 2024

• Allows the Department of Health and Human Services the ability to adjust the juvenile justice residential per diem rate as needed and within the amount appropriated in the annual budget.

• Bed availability: With the flexibility to adjust per diem rates, the legislation helps address the issue of bed shortages in Michigan’s juvenile justice system, ensuring that there are enough placements available for youth in need of residential care.

HB: 4633 (PA 291)

Factors for Waiver/Designation Decisions – Effective October 1, 2024

• Adds the following to the criteria a court must consider in making determinations to waive or designate a case: 1) The adequacy of rehabilitative services and the youth’s amenability to treatment; 2) The youth’s developmental maturity, mental and emotional health; 3) Culturally honoring traditions if the youth is a member of a Tribe; 4) The impact on the victim.
• Removes school records as information that can be used as criteria by the court for waiver and designation decisions.

• Alignment with Developmental Appropriateness: Legislation revises factors to consider developmental appropriateness in waiver or designation determinations.

• Local Discretion: Legislation maintains local discretion to determine the use of waiver or designations.

SB 428 (PA 301),

SB 429 (PA 302),

 HB 4636,  (PA 292)

HB 4637 (PA 293)

Fines & Fees – Effective October 1, 2024

• Eliminates fees and costs associated with consent calendar.
• Eliminates fees associated with DNA testing for juveniles, or a parent/legal guardian of a juvenile.
• Eliminates court late fees/late penalties for juveniles, or a parent/legal guardian of a juvenile.
• Eliminates fees and costs associated with placement in a residential facility.
• Eliminates attorney fees for a court-appointed attorney to represent a juvenile.  
• Eliminates fees associated with community service.
• Eliminates fees associated with care, services, or other costs or assessments related to a juvenile’s court proceedings.
• Youth cannot be placed outside of their home solely based on nonpayment of restitution or inability to perform community service.
• Beginning of October 1, 2024 the court shall not collect the balance of any previously assessed fines or fees.

• Reduced Financial Burden: Elimination of fines and fees alleviates the financial burden on Michigan youth and their families.

• Economic Stability: Families no longer face wage garnishment, incarceration, or tax return interception due to unpaid fines and fees, leading to greater economic stability.

• Improved Youth Outcomes: Legislation allows youth to focus on rehabilitation rather than mounting court debt.

• Improved Court Relationship: Without fears of additional costs associated with justice involvement, the legislation ensures families can fully engage with those invested in the youths' success.

SB 432 (PA 303),

SB 435 (PA 304),

SB 436 (PA 305)

HB 4639 (PA 294),

HB 4640 (PA 295),

HB 4643 (PA 296)

Office of the Child Advocate - Effective February 13, 2024

• Renames the Children’s Ombudsman Office to the Office of the Child Advocate.
• Expands the powers and duties of the Office to also include residential facilities that provide juvenile justice services and is state operated, county operated, public, private, and contracted, secure, or nonsecure
• Adds that a judge for a juvenile receiving juvenile justice services may file a complaint to the child advocate.
• Adds that the office of the child advocate can mediate issues and educate the public regarding complaints dealing with certain county and private agencies serving children, maltreatment in care investigations, and investigations of lack of or insufficient services regarding a residential facility.
• Adds that the office of the child advocate must open a preliminary investigation when a child committed to a residential facility dies.
• Each residential facility must publicly post information about the office of the child advocate

• Independent Oversight: Ensures independent and impartial oversight of residential facilities providing juvenile justice services.

• Transparency and Accountability: Promotes transparency in the handling, investigation, and reporting of incidents within juvenile facilities.

• Youth Safety: Enhances safety and well-being for youth.

• Family and Community Trust: Builds trust among families and communities, knowing that independent oversight exists to protect youth in these facilities.