SENATE BILL NO. 682

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 28 of chapter XIIA (MCL 712A.28), as amended by 1998 PA 478.

the people of the state of michigan enact:

CHAPTER XIIA

Sec. 28. (1) Before June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. The records shall be open only by court order to persons having a legitimate interest, except that diversion records shall be open only as provided in the juvenile diversion act.

(2) Beginning June 1, 1988, the court shall maintain records of all cases brought before it and as provided in the juvenile diversion act. Except as otherwise provided in this subsection, until December 31, 2020, records of a case brought before the court shall be are open to the general public. Diversion records shall be are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing shall be are open only by court order to persons having a legitimate interest.

(3) Beginning January 1, 2021, records of a case brought before the court are not open to the general public. Diversion records are open only as provided in the juvenile diversion act. Except as otherwise provided in section 49 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.799, if the hearing of a case brought before the court is closed under section 17 of this chapter, the records of that hearing are open only by court order to persons having a legitimate interest.

(4) (3) If the court issues an order in respect to payments by a parent under section 18(2) of this chapter, a copy shall must be mailed to the department of treasury. Action taken against parents or adults shall not be released for publicity unless the parents or adults are found guilty of contempt of court. The court shall furnish the family independence agency department and a county juvenile agency with reports of the administration of the court in a form recommended by the Michigan association of probate and juvenile court judges. Michigan Probate Judges Association. Copies of these reports shall, upon request, be made available to other state departments by the family independence agency department.

(5) (4) As used in this section:

(a) "Juvenile diversion act" means the juvenile diversion act, 1988 PA 13, MCL 722.821 to 722.831.

(b) "Persons having a legitimate interest" includes a member of a local foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a.the juvenile, the juvenile's parent, the juvenile's guardian or legal custodian, the guardian ad litem, counsel for the juvenile, the department if related to an investigation of child neglect or child abuse, law enforcement personnel, a prosecutor, and a court of this state.