Rule 3.932 - [Effective until 10/1/2024] Summary Initial Proceedings(A) Preliminary Inquiry. When a petition is not accompanied by a request for detention of the juvenile, the court may conduct a preliminary inquiry. Except in cases involving offenses enumerated in the Crime Victim's Rights Act, MCL 780.781(1)(g), the preliminary inquiry need not be conducted on the record. The court may, in the interest of the juvenile and the public: (1) deny authorization of the petition;(2) refer the matter to a public or private agency providing available services pursuant to the Juvenile Diversion Act, MCL 722.821et seq.;(3) direct that the juvenile and the parent, guardian, or legal custodian be notified to appear for further informal inquiry on the petition;(4) proceed on the consent calendar as provided in subrule (C); or(5) place the matter on the formal calendar as provided in subrule (D).(B) Offenses Listed in the Crime Victim's Rights Act. A case involving the alleged commission of an offense listed in the Crime Victim's Rights Act, MCL 780.781(1)(g), may only be removed from the adjudicative process upon compliance with the procedures set forth in that act. See MCL 780.786b.(C) Consent Calendar. (1) If the court determines that formal jurisdiction should not be acquired over the juvenile, the court may proceed with the case on the consent calendar. A case transferred to the consent calendar shall be transferred before disposition but may occur any time after receiving a petition, citation, or appearance ticket. Upon transfer, the clerk of the court shall make the case nonpublic.(2) A case shall not be placed on the consent calendar unless the juvenile and the parent, guardian, or legal custodian and the prosecutor, agree to have the case placed on the consent calendar. A case involving the alleged commission of an offense as that term is defined in section 31 of the Crime Victim's Rights Act, MCL 780.781 et seq., shall only be placed on the consent calendar upon compliance with procedures set forth in MCL 780.786b.(3) Biometric Data. Except as otherwise required by law, a juvenile shall not have biometric data collected unless the court has authorized the petition. If the court authorizes the petition and the juvenile is alleged to have committed an offense that requires the juvenile to have biometric data collected according to law, the court shall ensure the juvenile has biometric data collected before placing the case on consent calendar under subrule (C)(1).(4) Victim Notice. After a case is placed on consent calendar, the prosecutor shall provide the victim notice as required by article 2 of the Crime Victim's Rights act, MCL 780.781 to 780.802.(5) Conference. After placing a matter on the consent calendar, the court shall conduct a consent calendar case conference with the juvenile, the juvenile's attorney, if any, and the juvenile's parent, guardian, or legal custodian. The prosecutor and victim may, but need not, be present. At the conference, the court shall discuss the allegations with the juvenile and issue a written consent calendar case plan in accordance with MCL 712A.2f(7).(6) Case Plan. The case plan is not an order of the court, but shall be included as part of the case record. If the court determines the juvenile has violated the terms of the case plan, it may transfer the case to the formal calendar in accordance with subrule (C)(9).(7) Disposition. The court shall not enter an order of disposition in a case while it is on the consent calendar.(8) Access to Consent Calendar Case Records. Records of consent calendar proceedings shall be nonpublic. Access to consent calendar case records is governed by MCL 712A.2f(5).(9) Transfer to Formal Calendar. If it appears to the court at any time that proceeding on the consent calendar is not in the best interest of either the juvenile or the public, the court may transfer the case from the consent calendar to the formal calendar. The court shall proceed with the case where court proceedings left off before the case was placed on the consent calendar. (a) If the original petition was not authorized before being placed on the consent calendar, the court may, without hearing, transfer the case from the consent calendar to the formal calendar on the charges contained in the original petition to determine whether the petition should be authorized.(b) If the original petition was authorized before being placed on the consent calendar, the court shall conduct a hearing on the record before transferring the case to the formal calendar. At the hearing, the court shall: (i) Advise the juvenile that any statements made during the consent calendar proceedings cannot be used against the juvenile at a trial on the same charge.(ii) Allow the juvenile and the juvenile's attorney, if any, the opportunity to address the court and state on the record why the case should not be transferred to the formal calendar.(10) Closing the Case. Upon a judicial determination that the juvenile has completed the terms of the consent calendar case plan, the court shall report the successful completion to the juvenile and the Department of State Police. The report to the Department of State police shall be in a form prescribed by the Department of State Police. (11) Record Retention. The case records shall only be destroyed in accordance with the approved record retention and disposal schedule established by the State Court Administrative Office.(D) Formal Calendar. The court may authorize a petition to be filed and docketed on the formal calendar if it appears to the court that formal court action is in the best interest of the juvenile and the public. The court shall not authorize an original petition under MCL 712A.2(a)(1), unless the prosecuting attorney has approved submitting the petition to the court. At any time before disposition, the court may transfer the matter to the consent calendar.Amended August 14, 2019, effective 8/14/2019.