Michigan Laws 722.823 – Powers of law enforcement official or court intake worker where petition not filed or authorized; diversion of minor
Current as of: 2023 | Check for updates
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(1) If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following:
(a) Release the minor into the custody of his or her parent, guardian, or custodian and discontinue the investigation.
Terms Used In Michigan Laws 722.823
- Court: means the family division of circuit court. See Michigan Laws 722.822
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means an individual less than 18 years of age. See Michigan Laws 722.822
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(b) Divert the matter by making an agreement pursuant to section 5 with the minor and the minor’s parent, guardian, or custodian to refer the minor to a person or public or private organization or agency that will assist the minor and the minor’s family in resolving the problem that initiated the investigation.
(c) File a petition with the court or authorize a petition that has been filed.
(2) A minor may be diverted only as provided in subsection (1)(a) or (b) and subsection (3).
(3) A minor accused or charged with an assaultive offense shall not be diverted.