II. Court Jurisdiction/Who is eligible?
A. The Livingston County Circuit Court-Family Division - Juvenile Unit has jurisdiction over cases of incorrigibility in this County. The Court is located at the Judicial Center Building - 204 S. Highlander Way, Suite 3, Howell, MI 48843.
B. Your child must be a resident of Livingston County in order for you to file such a Petition in this court.
C. Your child must be under the age of 17 years for the court to have jurisdiction.
D. Only parents and/or legal guardians are able to file incorrigibility petitions. Law Enforcement involvement is not necessary in filing an incorrigibility petition.
Involving a child with the court is a serious matter, and the filing of an incorrigibility petition against a child should be done only as a last resort, and only when there are no other options available. Parents will be required to reimburse the court for attorney fees and foster care costs.
III. Documentation Needed for a Petition:
A. A parent must submit a written statement supporting the claim of incorrigibility with
specific instances (including date, time and place) of a child's disobedient or truant behavior. Some parents document their child's behavior in the form of a journal, diary or calendar. This can be helpful when ready to file a petition.
B. Parents must document and submit evidence of the following efforts made to resolve the behavior problems through available private or public human services. The kinds of efforts which satisfy this court requirement are:
- Family counseling--Child has either refused or exhausted within the last 3 month period. (Petitioner must document who counseling service was with, when, and how long counseling was attended. If no longer in counseling, document reasons why.)
- Substance abuse counseling/treatment as recommended by a professional evaluator. Child has refused or exhausted this service within the last three (3) months.
- If counseling could not be attempted for a legitimate reason (i.e. cannot afford services), petitioner must clearly document the events and reasons why or who turned them down for the services.
Click here for a referral list of counseling options.
C. A parent must also agree to release relevant records of counseling and medical services that have been engaged to treat the behavior problems.
IV. How to Submit Petition
A. Parents must complete the
Complaint form. This form should be filled out as completely as possible and must contain the following information:
- The name, birth date and residence of the child.
- The names, residence and phone number (if there is one) of the parents, guardians or other custodian. (If whereabouts are unknown, state unknown and give the last known address.) Make sure to note if a child is a member of, or eligible for membership in an American Indian Tribe or band, and check the appropriate box on the petition form.
- Itemized statement of the incidents of incorrigibility, and the community resources utilized.
B. It is only necessary for one of the parents to be the petitioner.
C. Once completed, the proper paperwork should be returned in person to the Juvenile Court: :
44th Circuit Court
Family Division-Juvenile Unit
204 S. Highlander Way, Suite 3
Howell, MI 48843
D. If the petition is accepted, you will be sent a Notice of Preliminary Inquiry. This is the hearing date for your case, and your son or daughter will also be sent this notice of hearing. Complaints are accepted Monday thru Friday from 9:00 a.m. - 11:00 a.m. and 1:30 p.m. - 3:30 p.m. Questions are to be directed to Sue Grohman 517-540-7757.