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HB 5393

Juveniles: other; default maximum time for a juvenile to complete the terms of a consent calendar case plan; increase to 6 months. Amends sec. 2f, ch. XIIA of 1939 PA 288 (MCL 712A.2f).

2023-2024 Regular Session Introduced by Kara Hope

Raises the default consent calendar case plan length from 3 to 6 months, with an option for longer if a specific treatment program needs more time.

assigned PA 123'24 with immediate effect
#courts:familydivision #juveniles:juvenilejusticeservices #juveniles:other
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Bill Summary · HB 5393

Summary — HB 5393 (Enrolled as Public Act 123 of 2024)

Purpose

HB 5393 amends the juvenile code (Probate Code of 1939, Chapter XIIA, MCL 712A.2f) to set the default maximum time for a juvenile to complete the terms of a consent calendar case plan at six months (instead of three months), unless the court documents a specific need for a longer period to complete a particular treatment program.

Key provisions

  • Changes the default cap on the length of a consent calendar case plan from 3 months to 6 months.
  • Preserves a judicial exception permitting a longer period when the court determines and records that more time is needed for completion of a specific treatment program.
  • Leaves intact other consent calendar requirements already in statute, including:
    • A case may be placed on a consent calendar only with agreement of the juvenile, the juvenile’s parent/guardian/legal custodian, and the prosecutor.
    • Courts must consider results of risk screening and mental health screening tools (which must be research-based and nationally validated and follow guidelines created by the State Court Administrative Office under the Supreme Court).
    • Consent calendar plans are not court orders but must be included in the case record.
    • Violations of plan terms may lead to return to the formal calendar.
    • Consent calendar proceedings and records are maintained nonpublicly, with specified permitted access and protections (e.g., statements made in consent calendar proceedings generally are not admissible in formal adjudicatory hearings).
    • Successful completion is reported to the juvenile and the Department of State Police; records are maintained nonpublicly and destroyed in accordance with policy after case closure.

Who is affected

  • Juveniles eligible for consent calendar handling and their parents/guardians/legal custodians.
  • Prosecutors, family-division/circuit courts, juvenile defense counsel, guardians ad litem.
  • Victims (notice requirements apply under victim rights statutes).
  • State Court Administrative Office (guideline creation) and Department of State Police (nonpublic record maintenance).
  • Local court administration (procedural practice), though the enacted changes are not projected to create fiscal costs.

Background / Rationale

  • The change responds to recommendations from the Michigan Task Force on Juvenile Justice Reform, which recommended limiting consent calendar placements to no longer than six months (while setting a three-month limit for pre-court diversion).
  • Earlier 2023 legislation temporarily resulted in conflicting language that produced a three-month cap for consent calendar plans; HB 5393 restores the six-month cap consistent with the Task Force recommendation and legislative intent.

Timeline & status

  • Introduced: January 16, 2024 (Rep. Kara Hope).
  • Passed House and Senate during 2024 session; enrolled as Public Act No. 123 of 2024.
  • Approved by Governor and filed with Secretary of State: October 3, 2024.
  • Effective date: October 3, 2024.
  • Statutory citation amended: MCL 712A.2f.

Fiscal impact

  • Nonpartisan analyses conclude the bill has no fiscal impact on state or local governments.

Compiled from official sources — confirm details with the bill’s official record.

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