Rule 3.907. Screening Tools and Risk and Needs Assessments

(A) General. The court must conduct and use screening tools and risk and needs assessments in accordance with applicable law and the guidelines established by the State Court Administrative Office.

(B) Risk Screening Tool. Except as otherwise provided in MCL 722.823(4), before a diversion decision is made for a minor, a risk screening tool may be conducted on the minor. A court or court intake worker must use a validated risk screening tool adopted by their county. The court or court intake worker, as applicable, must consider the results, along with the results of the mental health screening tool and the best interests of the juvenile and public when deciding whether to:

(1) refer the matter to a public or private agency providing available services pursuant to the Juvenile Diversion Act, MCL 722.821 et seq.; or

(2) proceed on the consent calendar as provided in MCR 3.932(C) or place the matter on the formal calendar as provided in MCR 3.932(D).

(C) Mental Health Screening Tool. Except as otherwise provided in MCL 722.823(4), before a diversion decision is made for a minor, a mental health screening tool may be conducted on the minor. A court or court intake worker must utilize a validated mental health screening tool adopted by their county. The court or court intake worker, as applicable, must consider the results, along with the risk screening tool and the best interests of the juvenile and public when deciding whether to:

(1) refer the matter to a public or private agency providing available services pursuant to the Juvenile Diversion Act, MCL 722.821 et seq.; or

(2) proceed on the consent calendar as provided in MCR 3.932(C) or place the matter on the formal calendar as provided in MCR 3.932(D).

(D) Detention Screening Tool. An individual or agency designated by the court must use a detention screening tool on a juvenile, and the court must consider the results of the tool before a juvenile may be detained in a secure facility pending hearing. A new tool must be used and considered before each placement in a secure facility. The court must share the results of the detention screening tool with all parties at least 7 days before a detention hearing as provided in MCR 3.922(B)(4).

(E) Risk and Needs Assessment. Before disposition and for each juvenile, the court must order a qualified individual or agency to conduct a validated risk and needs assessment.

(1) Individual’s/Agency’s Use of Results. The individual or agency conducting an assessment under this subrule must use the results of the assessment to inform a dispositional recommendation that must be filed with the court. The individual or agency must consider all of the following in making its dispositional recommendation:

(a) The least restrictive setting possible.

(b) Public safety.

(c) Victim interests.

(d) Rehabilitation of the juvenile.

(e) Improved juvenile outcomes, including, but not limited to, educational advancement.

(2) Reporting. The results of the risk and needs assessment along with a written dispositional recommendation must be filed with the court and provided to the juvenile, juvenile’s attorney, and prosecuting attorney no less than 7 days before the dispositional hearing as provided in MCR 3.922(B)(4). The written recommendation must include all of the following:

(a) Overall risk score.

(b) Type of supervision.

(c) Level of supervision.

(d) Length of supervision.

(e) Specific terms and conditions, including, but not limited to, frequency of reviews and requirements for early termination of supervision.

(3) Court’s Consideration of Results. The court must consider the results of the assessment when making a dispositional decision regarding a juvenile, including, but not limited to, whether to place a juvenile:

(a) under supervision, including the length, level, and conditions of supervision;

(b) on probation; or

(c) in out-of-home placement.

(4) Reassessment. The court must order that a new risk and needs assessment for the juvenile be conducted and used as provided in this subrule (E) if any of the following conditions occur:

(a) Six months have passed since the juvenile’s last risk and needs assessment.

(b) The juvenile has experienced a major life event.

(c) There is a major change in the juvenile’s proceedings.

(F) Any statements a juvenile makes as part of a screening tool or risk and needs assessment under this rule must not be admitted into evidence against the juvenile at any adjudication hearing.