Form JC10 "Order After Preliminary Hearing/Inquiry (Delinquency/Personal Protection)" - Michigan

What Is Form JC10?

This is a legal form that was released by the Michigan Juvenile Court - a government authority operating within Michigan. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on December 1, 2018;
  • The latest edition provided by the Michigan Juvenile Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;

Download a fillable version of Form JC10 by clicking the link below or browse more documents and templates provided by the Michigan Juvenile Court.

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Download Form JC10 "Order After Preliminary Hearing/Inquiry (Delinquency/Personal Protection)" - Michigan

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PCS CODE: PRH, INQ/OAP
Approved, SCAO
TCS CODE: PRH, INQ/OFPH, OFIQ
STATE OF MICHIGAN
CASE NO.
ORDER AFTER
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
PRELIMINARY HEARING/INQUIRY
COUNTY
(DELINQUENCY/PERSONAL PROTECTION)
Court address
Court telephone no.
1. In the matter of
name(s), alias(es), DOB
2. Date of hearing:
Judge/Referee:
Bar no.
THE COURT FINDS:
3. The court has received a complaint or a petition alleging that the juvenile comes within the provisions of MCL 712A.2.
4.
a. A preliminary inquiry has been made, and it is in the interests of the public and the juvenile that the petition
not be authorized.
be referred to alternate services.
be placed on the consent calendar.
be set for further inquiry.
be placed on the formal calendar.
*
b. A preliminary hearing was held. Notice of hearing was given as required by law.
5. There is not probable cause to believe the juvenile committed the offense(s).
6. The juvenile is charged with an offense that requires collection of biometric data and it has not been collected.
7. In accordance with MCR 3.935(C), the juvenile should be
released
detained
for
(see item 8)
(see item 9)
the reasons stated on the record.
the following reasons:
8.
a. The juvenile should be released without conditions.
b. Conditions are necessary for the juvenile’s release to reasonably ensure the
juvenile’s appearance in court.
safety of the public.
See additional pages.
Do not write below this line - For court use only
*Do not check item 4.b. if disposition is based on
preliminary inquiry or investigation only. Note that
preliminary hearings are mandatory in matters where
a juvenile is not released.
Note: If a competency evaluation is ordered, the
preliminary hearing must be conducted and this form
completed.
25 USC 1912, PL - 96 - 272, 42 USC 670 et seq., MCL 712A.2, MCL 712A.11, MCL 712A.14, MCL 712A.15,
MCR 3.905, MCR 3.920(C)(1), MCR 3.932, MCR 3.935
ORDER AFTER PRELIMINARY HEARING/INQUIRY (DELINQUENCY/PERSONAL PROTECTION)
JC 10 (12/18)
PCS CODE: PRH, INQ/OAP
Approved, SCAO
TCS CODE: PRH, INQ/OFPH, OFIQ
STATE OF MICHIGAN
CASE NO.
ORDER AFTER
PETITION NO.
JUDICIAL CIRCUIT - FAMILY DIVISION
PRELIMINARY HEARING/INQUIRY
COUNTY
(DELINQUENCY/PERSONAL PROTECTION)
Court address
Court telephone no.
1. In the matter of
name(s), alias(es), DOB
2. Date of hearing:
Judge/Referee:
Bar no.
THE COURT FINDS:
3. The court has received a complaint or a petition alleging that the juvenile comes within the provisions of MCL 712A.2.
4.
a. A preliminary inquiry has been made, and it is in the interests of the public and the juvenile that the petition
not be authorized.
be referred to alternate services.
be placed on the consent calendar.
be set for further inquiry.
be placed on the formal calendar.
*
b. A preliminary hearing was held. Notice of hearing was given as required by law.
5. There is not probable cause to believe the juvenile committed the offense(s).
6. The juvenile is charged with an offense that requires collection of biometric data and it has not been collected.
7. In accordance with MCR 3.935(C), the juvenile should be
released
detained
for
(see item 8)
(see item 9)
the reasons stated on the record.
the following reasons:
8.
a. The juvenile should be released without conditions.
b. Conditions are necessary for the juvenile’s release to reasonably ensure the
juvenile’s appearance in court.
safety of the public.
See additional pages.
Do not write below this line - For court use only
*Do not check item 4.b. if disposition is based on
preliminary inquiry or investigation only. Note that
preliminary hearings are mandatory in matters where
a juvenile is not released.
Note: If a competency evaluation is ordered, the
preliminary hearing must be conducted and this form
completed.
25 USC 1912, PL - 96 - 272, 42 USC 670 et seq., MCL 712A.2, MCL 712A.11, MCL 712A.14, MCL 712A.15,
MCR 3.905, MCR 3.920(C)(1), MCR 3.932, MCR 3.935
ORDER AFTER PRELIMINARY HEARING/INQUIRY (DELINQUENCY/PERSONAL PROTECTION)
JC 10 (12/18)
Order After Preliminary Hearing/Inquiry (12/18) Page
of
Case No.
Petition No.
9. The juvenile should be detained/continued in detention because:
a.
There is probable cause to believe the juvenile committed the offense. OR
The juvenile is represented by an attorney and waived the probable cause determination.
AND
b. One or more of the following circumstances is present:
The offense alleged is so serious that release would endanger public safety.
The juvenile is charged with a felony offense and will likely commit another offense pending trial if released, and
another petition is pending against the juvenile.
the juvenile is on probation.
the juvenile has a prior adjudication but was not under the court’s jurisdiction at the time of apprehension.
There is substantial likelihood that if the juvenile is released to the parent(s), guardian, or legal custodian (with or
without conditions), the juvenile will fail to appear at the next court proceeding.
The home conditions of the juvenile make detention necessary.
The juvenile has run away from home.
The juvenile has failed to remain in a detention facility or nonsecure facility or placement (in violation of a valid
court order).
Pretrial detention is otherwise specifically authorized by law.
The juvenile is alleged to have violated a personal protection order and it appears there is a substantial likelihood
of retaliation or continued violation.
10. The juvenile is an Indian child as defined in MCR 3.002(12). The petitioner
has
has not
given notice of the
preliminary hearing as required by MCR 3.920(C)(1).
The preliminary hearing must be adjourned pending conclusion of a removal hearing required by MCR 3.967.
The removal hearing required by MCR 3.967 was conducted in conjunction with this hearing
.
(see required findings in item 11)
A qualified expert,
, testified as required by law.
11. It is contrary to the welfare of the juvenile to remain in the home, or placement would be in the best interests of the
juvenile, because:
12.
a. Reasonable efforts to prevent or eliminate removal of the juvenile from the home were not made.
OR
b. Consistent with the circumstances, reasonable efforts were made to prevent or eliminate removal of the juvenile
from the home. Those efforts include:
OR
(Specify below.)
c. The juvenile is an Indian child, and the court finds by clear and convincing evidence and the testimony of a qualified
expert witness who has knowledge about the child-rearing practices of the Indian child’s tribe, that active efforts
have
have not been made to provide remedial services and rehabilitative programs designed to prevent
the breakup of the Indian family. These efforts have proved
unsuccessful,
successful, the continued
custody of the child(ren) by the parent or Indian custodian
is
is not likely to result in serious emotional or
physical damage to the child(ren), and the child(ren)
should
should not be removed from the home.
(Specify below.)
The efforts for 12.b. or 12.c. are:
(Specify the efforts from 12.b. or 12.c. here. If the juvenile is an Indian child, specify active efforts as defined
by MCR 3.002[1] and MCL 712B.3[a].)
Order After Preliminary Hearing/Inquiry (12/18) Page
of
Case No.
Petition No.
IT IS ORDERED:
13. The petition is
authorized.
not authorized.
14. The petition
is dismissed.
placed on the consent calendar
.
(complete form JC 89)
referred to alternate services in accordance with the Juvenile Diversion Act, MCL 722.821 et seq.
The parent(s), guardian, or legal custodian shall appear for further inquiry on
Date, time, and location
.
15. The juvenile is released to
Parent/Guardian/Legal custodian
without conditions.
under the terms and conditions
in item 20.
in the attached document.
specified in a separate order.
If bond is required as a release condition, the juvenile shall remain in detention/placement until the bond is paid.
16. The juvenile is temporarily placed with/detained at
.
17. Release/Placement continues pending
resumption of the preliminary hearing
pretrial
trial
disposition
on
.
Date and time
18. This matter is set for a continued preliminary/removal hearing on
pursuant to
Date and time
MCR 3.967. The petitioner shall give notice of these proceedings as required by MCR 3.920(C)(1)
.
(use form JC 48)
19. The juvenile’s fingerprints/biometric data shall be collected in accordance with the Order for Fingerprints (form MC 233).
20. Other:
Recommended by:
Referee signature
Date
Date
Judge
Page of 3