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Order After Preliminary Hearing Or Inquiry (Delinquency Or Personal Protection) Form. This is a Michigan form and can be use in Juvenile Statewide.
Tags: Order After Preliminary Hearing Or Inquiry (Delinquency Or Personal Protection), JC 10, Michigan Statewide, Juvenile
1. � In the matter of � name(s), alias(es), DOB 2. � Date of hearing: en-US � Judge/Referee: � Bar no. en-USTHE COURT FINDS: 3. � The court has received a complaint or a petition alleging that the juvenile comes within the provisions of MCL 712A.2. 4. � � a. � A preliminary inquiry has been made, and it is in the interests of the public and the juvenile that the petition � not be authorized. � be referred to alternate services. � be placed on the consent calendar. � � be set for further inquiry. � en-US be placed on the formal calendar. * � � b. � A preliminary hearing was held. Notice of hearing was given as required by law. � 5. � There is not probable cause to believe the juvenile committed the offense(s). � 6. � The juvenile is charged with an offense that requires collection of biometric data and it has not been collected. � 7. � In accordance with MCR 3.935(C), the juvenile should be � en-US released en-US(see item 8) � en-US detained en-US(see item 9) � for � en-US the reasons stated on the record. � � the following reasons: 8. � � a. The juvenile should be released without conditions. � � b. � Conditions are necessary for the juvenile222s release to reasonably ensure the � � juvenile222s appearance in court. � � safety of the public. � � American LegalNet, Inc. www.FormsWorkFlow.com Order After Preliminary Hearing/Inquiry � (12/18) � Page of Case No. Petition No. � 9. � The juvenile should be detained/continued in detention because: � a. � � There is probable cause to believe the juvenile committed the offense. en-USOR � � The juvenile is represented by an attorney and waived the probable cause determination. � en-USAND � b. � One or more of the following circumstances is present: � � The offense alleged is so serious that release would endanger public safety. � en-US The juvenile is charged with a felony offense and will likely commit another offense pending trial if released, and � another petition is pending against the juvenile. � en-US the juvenile is on probation. � � the juvenile has a prior adjudication but was not under the court222s jurisdiction at the time of apprehension. � � There is substantial likelihood that if the juvenile is released to the parent(s), guardian, or legal custodian (with or � without conditions), the juvenile will fail to appear at the next court proceeding. � � The home conditions of the juvenile make detention necessary. � � The juvenile has run away from home. � � The juvenile has failed to remain in a detention facility or nonsecure facility or placement (in violation of a valid � court order). � � Pretrial detention is otherwise specifically authorized by law. � � The juvenile is alleged to have violated a personal protection order and it appears there is a substantial likelihood � of retaliation or continued violation. � 10. � The juvenile is an Indian child as defined in MCR 3.002(12). The petitioner � has � has not � given notice of the � preliminary hearing as required by MCR 3.920(C)(1). � � The preliminary hearing must be adjourned pending conclusion of a removal hearing required by MCR 3.967. � � en-USThe removal hearing required by MCR 3.967 was conducted in conjunction with this hearing en-US(see required findings in item 11) . � � � A qualified expert, en-US en-US , testified as required by law. � 11. � It is contrary to the welfare of the juvenile to remain in the home, or placement would be in the best interests of the � juvenile, because: � � 12. � � a. � Reasonable efforts to prevent or eliminate removal of the juvenile from the home were not made. � en-USOR � � � b. � Consistent with the circumstances, reasonable efforts were made to prevent or eliminate removal of the juvenile � from the home. Those efforts include: en-US(Specify below.) � en-USOR � � c. � The juvenile is an Indian child, and the court finds by clear and convincing evidence and the testimony of a qualified � � expert witness who has knowledge about the child-rearing practices of the Indian child222s tribe, that active efforts � � have � have not � been made to provide remedial services and rehabilitative programs designed to prevent � � the breakup of the Indian family. These efforts have proved � unsuccessful, � successful, � the continued � � custody of the child(ren) by the parent or Indian custodian � is � is not � likely to result in serious emotional or � physical damage to the child(ren), and the child(ren) � should � should not � be removed from the home. � � en-US(Specify below.) � The efforts for 12.b. or 12.c. are: en-US(Specify the efforts from 12.b. or 12.c. here. If the juvenile is an Indian child, specify active efforts as defined � by MCR 3.002[1] and MCL 712B.3[a].) American LegalNet, Inc. www.FormsWorkFlow.com Order After Preliminary Hearing/Inquiry � (12/18) � Page of Case No. Petition No. en-USIT IS ORDERED: 13. � The petition is � authorized. � en-US not authorized. � 14. � The petition � is dismissed. � en-US placed on the consent calendar en-US(complete form JC 89) . � � en-US referred to alternate services in accordance with the Juvenile Diversion Act, MCL 722.821 en-USet seq. � � The parent(s), guardian, or legal custodian shall appear for further inquiry on en-USDate, time, and location � en-US en-US . � 15. � The juvenile is released to en-USParent/Guardian/Legal custodian � � en-US without conditions. � � under the terms and conditions � in item 20. � in the attached document. � en-US specified in a separate order. � If bond is required as a release condition, the juvenile shall remain in detention/placement until the bond is paid. � 16. � The juvenile is temporarily placed with/detained at en-US � � en-US en-US . 17. � Release/Placement continues pending � resumption of the preliminary hearing � pretrial � trial � en-US disposition � on � en-USDate and timeen-US . � 18. � This matter is set for a continued preliminary/removal hearing on en-USDate and timeen-US pursuant to � � MCR 3.967. The petitioner shall give notice of these proceedings as required by MCR 3.920(C)(1) en-US(use form JC 48)en-US. � 19. � The juvenile222s fingerprints/biometric data shall be collected in accordance with the Order for Fingerprints (form MC 233). � 20. � Other: en-USRecommended by: Referee signature � Date en-USDate � en-USJudge American LegalNet, Inc. www.FormsWorkFlow.com