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