Bill
HB 4092
HB 4092 allows six-person juries in non-criminal juvenile/probate hearings, requires transcripts, tightens continuance rules, and permits closing hearings to protect youths.
Status & timing
- Bill number: HB 4092
- Subject: Courts — juries; amendments to the Probate Code of 1939 (MCL 712A.17)
- Introduced: 02/19/2025 (first reading and referred to Judiciary committee)
- Sponsor(s): Listed primary sponsor — Rep. Terra Costa Howard; introduced in some records by Rep. Stephanie Young.
- Committee activity (selected): public hearing 04/30/2025; committee substitute considered and reported favorably as substituted 05/07/2025.
- Effective date: the act would take effect 1 year after enactment — and it will not take effect unless HB 4091 of the same Legislature is enacted (tie‑bar).
Purpose / intent
- To update procedures in non‑criminal hearings conducted under Chapter XIIA of the 1939 Probate Code, clarifying limits on continuances/adjournments, establishing procedures and scope for jury trials in certain juvenile/probate matters, and addressing related courtroom participation and closure rules to protect juvenile witnesses and victims.
Key provisions and changes
- Hearing transcript requirement: the court must require stenographic notes or another transcript for hearings that are not criminal.
- Continuances/adjournments (Section 17(1)):
- Courts may adjourn or continue hearings under section 2(b) only for “good cause” with factual findings on the record; not solely on counsel stipulation or convenience.
- In addition to “good cause,” adjournments/continuances are permitted only when (a) the motion is in writing at least 14 days before the hearing, or (b) the court grants it on its own motion after considering the child’s best interests.
- Any such adjournment/continuance is generally limited to 28 days unless the court places specific reasons for a longer delay on the record.
- Jury in non‑criminal hearings (Section 17(2)):
- In hearings other than criminal trials, an interested person may demand a jury of six; the court may also order a six‑person jury on its own motion.
- In supplemental petitions alleging violation of a personal protection order (under section 2(h)), a jury may not be demanded or ordered.
- Criminal trial jury rights remain governed by existing law.
- Representation and procedural participation:
- Rules clarifying when the prosecuting attorney must appear and when they may serve as legal consultant to the family independence agency (FIA/department).
- FIA may contract for counsel if the prosecuting attorney does not represent it in section 2(b) proceedings.
- A member of a local foster care review board must be admitted to hearings under subsection (1).
- Closure of hearings to public:
- Upon motion by a party or victim, the court may close the hearing during testimony of a juvenile witness or victim if necessary to protect their welfare.
- Factors the court must consider include the witness/victim’s age, the nature of the proceeding, and the desire of the witness/family/victim to have testimony taken in private.
- “Juvenile witness” for this purpose does not include a juvenile who is the subject of a proceeding under section 2(a)(1).
Who is affected / potential impacts
- Juveniles and their families: stricter limits on continuances and protections for juvenile witnesses; likely faster resolution and added privacy protections during testimony.
- Parties to juvenile/probate proceedings: new ability to demand a six‑person jury in non‑criminal hearings (except certain supplemental petitions), potentially changing case strategy and resources needed.
- Courts and clerks: procedural changes — transcript requirement, recording factual findings for continuances, applying a 28‑day rule, and managing jury demands.
- Prosecuting attorneys, the family independence agency, and foster care review boards: clarified roles for appearance, consultation, and admission to hearings.
- Victims and witnesses: statutory criteria for closing testimony to protect welfare.
Procedural/contingency notes
- The bill includes an enactment contingency: it does not take effect unless HB 4091 of the same Legislature is enacted (tie‑bar). The effective date is 1 year after the bill becomes law.
- Committee activity in spring 2025 indicates the bill advanced with a committee substitute and favorable report as of 05/07/2025.
For further review
- Primary statutory target: MCL 712A.17 (Probate Code of 1939, Chapter XIIA).
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
