Michigan

Date: 
May 1, 2012

 

Delinquency and dependency proceedings: In general, juvenile court hearings are open to the public in Michigan. But on request by a party or victim, the court may close the proceedings during the testimony of a child or victim to protect the welfare of either. In deciding whether a child or victim’s welfare warrants closure, the court will consider the nature of the proceedings, the age and maturity of the witness and the preference of the witness or that of a parent if the witness is a child that the proceedings be open or closed. The court may not close a juvenile delinquency proceeding to the public during the testimony of the juvenile. Mich. Comp. Laws Ann. § 712A.17 (West 2012); Mich. Ct. R. 3.925.

Delinquency records: Juvenile delinquency records are open to the general public except for records of hearings that were closed. Those records can be opened only by court order to people with a legitimate interest in them.

Dependency records: Child protective files and records are confidential and only available to certain individuals and agencies designated by statute and individuals with a legitimate interest. In determining whether a person has a legitimate interest, the court will consider the nature of the proceedings, the welfare and safety of the public, the interest of the minor and any restrictions on disclosure imposed by state or federal law. Mich. Comp. Laws Ann. § 722.627; Mich. Ct. R. 3.925.

Minor testimony: Michigan law allows victims 15 years old or younger and developmentally disabled victims regardless of age to testify about a sexual offense outside the presence of the defendant via video-recorded testimony. During this testimony, the law requires that everyone “not necessary to the proceeding” be excluded from the courtroom but does not specify — nor have Michigan courts interpreted — whether the media are considered necessary in this context. Mich. Comp. Laws Ann. § 600.2163a.