Local Administrative Order 2003-1

In re Juvenile Division Plan for the Handling of the Cases of Children Absent from Placement without Legal Persmission

The following plan for reviewing the cases of children who are absent from court ordered placement without legal permission (AWOLP) is adopted by the Macomb County Circuit Court, Family Division, pursuant to Michigan Supreme Court Administrative Order 2002-4:

The Chief Judge shall have the responsibility of ensuring compliance with Michigan Supreme Court Administrative Order 2002-4 and this Local Administrative Order.

Upon issuance of a Take Into Custody Order, or other notification, (whichever occurs first), of a child absent from placement without legal permission (AWOLP), the Court file will be promptly delivered to the Juvenile Division Chief Referee. Upon receipt of such a file the Chief Referee will place the matter on the Court's special AWOLP docket to be heard by the Juvenile Division Judge or Chief Referee. The Court will give priority to AWOLP cases involving individuals who are 15 years old or younger. The hearings will be scheduled in cases involving individuals 15 years or younger within 10 days. In other AWOLP cases, hearings will be scheduled as soon as possible within thirty (30) days.

Telephone contact will simultaneously be made by the Chief Referee to the Family Independence Agency (FIA) (casework supervisor), to inform of the existence of an AWOLP and the date of hearing. FIA's assistance will be sought as to the additional persons to be given notice. The Court will receive any requests for subpoenas or Orders to Show Cause. Accordingly, notices, subpoenas, and Orders to Show Cause will be issued promptly. Information presented which indicates an abduction will be given to the Macomb County Sheriff Department and any local police jurisdictions involved.

At the initial AWOLP Review, the Court will receive reports and take sworn testimony as to the circumstances regarding the child's absence; all efforts made to locate the child; and an action plan for ongoing efforts to locate the child. The Court will issue orders necessary to locate the missing child or elicit information from any individual or agency.

Each AWOLP case will continue to appear on the Court's AWOLP docket and be heard by the Judge or Chief Referee every thirty (30) days or sooner as circumstances dictate.

This order shall be effective March 3, 2003, until modified by the Court.

Peter J. Maceroni, Chief Judge

Dated: February 28, 2003

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