Post-Dispositional Secure Detention Pending Return to Placement

Michigan Court Rules

Rule: 3.946

Jurisdiction: MI

Bluebook Citation: Mich. Ct. R. 3.946

(A) If a juvenile who has been found to have committed an offense that would be a misdemeanor or a felony if committed by an adult has been placed out of the home by court order or by the Department of Health and Human Services, and the juvenile leaves such placement without authority, upon being apprehended the juvenile may be detained without the right to bail. Any detention must be authorized by the court. (B) If a juvenile is placed in secure detention pursuant to this rule and no new petition is filed that would require a preliminary hearing pursuant to MCR 3.935, and no probation violation petition is filed, the court must conduct a detention hearing within 48 hours after the juvenile has been taken into custody, excluding Sundays and holidays as defined by MCR 8.110(D)(2). (C) At the detention hearing the court must: (1) assure that the custodial parent, guardian, or legal custodian has been notified, if that person's whereabouts are known, Chapter 3. Special Proceedings and Actions Page 409 Chapter Updated May 1, 2026 (2) advise the juvenile of the right to be represented by an attorney, (3) determine whether the juvenile should be released or should continue to be detained.

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