A. Incorrigibility petitions will be denied if;
- The Court's involvement in the matter is not necessary.
- The matter can be more appropriately handled by another agency.
- There are not sufficient grounds for filing the petition.
B. It is important to remember, that before submitting an incorrigibility petition, appropriate community resources (see III,B) must be explored and used, if available.
C. Because the parent or guardian is the Petitioner against the child, the law requires the court to appoint an attorney to represent the child. Parents do not need and are not required to have an attorney representing them to file a petition. If Parents wish, they may hire an attorney at their own expense, to represent or assist them.
D. The child has the legal right to admit or deny the petition and have a trial if the petition is contested. The child also has the other constitutional rights that an adult would have if accused of a crime.
E. At least one parent will be expected to attend all court hearings with the child and follow the court's orders. Parents will also be assessed by the Court to determine their financial ability to pay for all or part of the rehabilitation services provided by the Court.
F. Federal and State law prohibits the Court from placing a child in locked detention for incorrigibility unless the child has violated a valid court order. The policy of the Livingston County Circuit Court Family Division - Juvenile Unit is to work with children in their own homes. The Court may order a child into foster care or other living situations if the court finds it necessary.
G. Questions regarding incorrigibility petitions should be referred to the Assistant County Juvenile Officer - David Trudeau at the Juvenile Court (517) 546-1500.
H. Parents will be responsible to pay for all of the services provided by the Court (including child's attorney fees). A financial statement will be requested from the parents.