here for Incorrigibility Packet in PDF format--
I. What is incorrigibility?
A. Minors must be found to be in violation of the
Juvenile Code, Chapter 712A.2 Sec. 2(a) (3) which reads as follows:
B. Local Standards:
- The child is repeatedly disobedient to the
reasonable and lawful commands of his or her parents, guardian, or other
custodian, and . . .
- The court finds on the record by clear and
convincing evidence that court accessed services are necessary.
- The misbehavior must be continuous or
frequently repeated and the court is generally more willing to accept
petitions which show a wide scope of misconduct rather than a repeated
violation of one rule. Examples of actions which are usually not
considered incorrigible enough to warrant court action are: failure to
do household chores, incessant talking on the telephone; insolent back
- Examples of things which are generally
accepted for court action, if they are frequently repeated behavior
- serious and deliberate threats of
physical harm to family members;
- acts of intimidation toward household
- deliberate injury to home structure,
grounds, furnishings or pets;
- serious and repeated violations of
- refusing to go to school (**Schools
bring truancy complaints under the law, however, parents may include in
their incorrigibility petitions allegations that the child is refusing
to attend school contrary to the parent's repeated order to attend.
Such a complaint may be filed by the parent even though the child is
- Criminal violations by your child should be
reported to the law enforcement agency which services your community.
- The Livingston County Circuit Court-Family
Division -Juvenile Unit recognizes that children have many emotional, social
and interpersonal problems as they are maturing and that many of their
attitudes and actions that drive parents to distraction are only normal
developmental steps that all children go through in their adolescence.
Although the Court will accept petitions charging children with
incorrigibility, the Court's policy is not to bring children in to the court
system because they are behaving "like teenagers."
- In many cases, consumption of alcohol,
drugs or other addictive chemical substances is the basis of a child's
disobedient or anti-social behavior. If you believe this applies to
your child, you should have a professional substance abuse evaluation
completed on your child and follow their recommendations. .
|In the area of substance abuse, it is
extremely important that parents set a good example for their children
and the court will inquire into family alcohol and drug use if an
incorrigibility petition is filed.
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
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
IV. HOW TO SUBMIT 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
C. A parent must also agree to release
relevant records of counseling and medical services that have been engaged to
treat the behavior problems.
- Family counseling--Child has either refused
or exhausted within the last 6 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 twelve (6)
- 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
here for a referral list of counseling options.
A. Parents must complete the
form. This form should be filled out as
completely as possible and must contain the following information:
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.
B. It is only necessary for one of the
parents to be the petitioner.
- The name, birth date and residence of the
- 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
- Itemized statement of the incidents of
incorrigibility, and the community resources utilized.
C. Once completed, the proper paperwork
should be returned in person to the Juvenile Court: :
44th Circuit Court Court
Family Division-Juvenile Unit
204 S. Highlander Way, Suite 3
Howell, MI 48843
V. OTHER THINGS PARENTS NEED TO
A. Incorrigibility petitions will be denied
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.
- The Court's involvement in the matter is
- The matter can be more appropriately
handled by another agency.
- There are not sufficient grounds for filing
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
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.