by Jodi S. Cohen, and Nisa Khan: For More Info, Go Here…
Attorneys for a 15-year-old sent to juvenile detention for not doing her schoolwork argued the teenager is not a threat to the community, contrary to a judge’s ruling. Now Michigan’s Supreme Court is stepping in.
The Michigan Supreme Court said Thursday it is reviewing the circumstances of a case involving a 15-year-old girl who has been in detention since mid-May after a judge determined she violated her probation by not doing her online schoolwork during the pandemic.
That news came the same day attorneys for the teenager filed a motion in court seeking an emergency review and reconsideration of her case and more than 200 people formed a car caravan to protest on her behalf outside the Oakland County Courthouse.
In a statement, the state Supreme Court’s communications director, John Nevin, said, “The State Court Administrative Office is working with the Oakland Circuit Court to examine the processes in this case.”
The girl, Grace*, was a high school sophomore in Birmingham Public Schools when she was charged with assault and theft last year. She was placed on probation in mid-April and, among other requirements, was to complete her schoolwork. Grace, who has ADHD and receives special education services, struggled with the transition to online learning and fell behind.
Oakland County Judge Mary Ellen Brennan, the presiding judge of the Family Division, found Grace had violated probation by not completing her schoolwork and ordered her to detention. She concluded Grace was a “threat to (the) community” based on the prior charges of assault and theft.
Grace was detained beginning May 14, when the state was operating under an order from Gov. Gretchen Whitmer to eliminate any form of detention or residential placement unless a young person posed a “substantial and immediate safety risk to others.”
In the court filing Thursday, one of Grace’s attorneys, Jonathan Biernat, wrote that the decision to detain the teenager was contrary to that order because she was “detained based on incomplete schoolwork, which hardly presents a risk of harm to either the community,” or herself.
“The record is entirely devoid of facts to support the actual threat of harm presented by (Grace),” Biernat wrote in the motion.