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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6374 June 19, 1986 STATE POLICE LAW ENFORCEMENT INFORMATION NETWORK (LEIN): Placement of court order or request of Department of Social Services for apprehension of state ward into LEIN system STATE WARD: Apprehension without warrant or court order The Youth Rehabilitation Services Act provides that a peace officer may take into custody without a warrant or order of the probate court a ward of the state who, without prior approval of the Department of Social Services, has left the facility or residence in which he or she has been placed. A probate court order or a request of the Department of Social Services for apprehension of a ward of the state who, without prior approval of the Department of Social Services, has left the facility or residence in which he or she has been placed may be entered into the LEIN files by a law enforcement user agency. Mr. Jack Pooler Executive Secretary LEIN Policy Council Department of State Police 714 South Harrison Road East Lansing, MI 48823 You have requested my opinion on two related questions which may be stated as follows: 1. May a peace officer legally hold or detain a ward of the state who, without prior approval of the state Department of Social Services, has left the facility or residence in which he/she has been placed? 2. May a request for apprehension of such absent ward made by the state Department of Social Services be entered into the files of the Law Enforcement Information Network (LEIN)? The authority of a peace officer to take into custody an absent state ward was formerly derived solely from an order of the probate court. MCL 712A.2c; MSA 27.3178(598.2c), provides in pertinent part: 'A judge of probate may issue an order authorizing a peace officer or other person designated by the court to apprehend a child who is absent without leave from an institution or facility to which he was committed. . . .' Peace officers, however, were also given statutory authority by the same Legislature to take absent state wards into custody without a court order. The Youth Rehabilitation Services Act, MCL 803.306(1); MSA 25.399(56)(1), provides in pertinent part: 'A state ward shall not absent himself from the facility or residence in which he has been placed without prior approval of the department. A state ward who violates this provision may be returned to the facility in which he was placed by a peace officer without warrant.' It should be noted that in the event a peace officer is unable to return the absent state ward to the facility forthwith, the peace officer must comply with the limitations on juvenile confinement which are set forth at MCL 712A.16; MSA 27.3178(598.16): '(1) If a child under the age of 17 years is taken into custody or detained, the child shall not be confined in any police station, prison, jail, lock-up, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal or dissolute persons. However, a child 15 years of age or older whose habits or conduct are deemed such as to constitute a menace to other children, or who may not otherwise be safely detained, may, on order of the court, be placed in a jail or other place of detention for adults, but in a room or ward separate from adults, and for a period not to exceed 30 days, unless longer detention is necessary for the service of process.' It is my opinion in answer to your first question that the Youth Rehabilitation Services Act provides that a peace officer may take into custody without a warrant or order of a probate court, a ward of the state who, without prior approval of the Department of Social Services, has left the facility or residence in which he or she was placed. Your second question asks whether a request for apprehension of an absent state ward made by the Department of Social Services may be entered into the Law Enforcement Information Network (LEIN). The LEIN Policy Council was created by the L.E.I.N. Policy Council Act of 1974, MCL 28.211 et seq; MSA 4.448(51) et seq, and given the power to establish policy and promulgate rules regarding the operational procedures to be followed by agencies using the Law Enforcement Information Network. Pursuant to this Act, the council has promulgated rules, 1981 AACS, R 28.5101-R 28.5414. 1981 AACS, R 28.5402 provides in pertinent part: '(1) A law enforcement user agency shall enter, into either the LEIN or NCIC [National Crime Information Center] files, the records of all persons wanted by the agency . . .' The information concerning an absent ward may be provided to a law enforcement user agency by either a probate court, which iss es an order of apprehension pursuant to MCL 712a(2c); MSA 27.3178(598.2c), or the Michigan Department of Social Services, since that department assumes responsibility for all juveniles committed as wards of the state by the probate courts in accordance with MCL 803.303; MSA 25.399(53). An absent ward is a person wanted by a law enforcement user agency within the meaning of 1981 AACS, R 28.5402, and requests for apprehension of such a ward may be entered into the LEIN files. Moreover, to the extent such a ward is under the age of seventeen, entry into the LEIN file is required pursuant to MCL 28.258(3); MSA 4.469(58)(3), effective March 1, 1986. It is my opinion, in answer to your second question, that a probate court order or a request from the Department of Social Services for apprehension of a ward of the state who, without prior approval of the Department of Social Services, has left the facility or residence in which he or she has been placed may be entered into the LEIN files by a law enforcement user agency. Frank J. Kelley Attorney General
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