If you are an Oakland County parent struggling with a child who repeatedly defies your authority, Michigan law provides a legal avenue through the Sixth Circuit Court Family Division: the incorrigibility petition. This guide explains exactly what that means, what Oakland County requires, and what to expect every step of the way.
What Is an Incorrigibility Petition?
An incorrigibility petition is a formal legal action filed in the Family Division of the Sixth Judicial Circuit Court — Oakland County’s family court — asking a judge to intervene in the parent-child relationship. It is classified as a status offense, meaning the conduct is only legally actionable because the person is a minor.
Under MCL 712A.2(a)(3), the court has jurisdiction when a juvenile is “repeatedly disobedient to the reasonable and lawful commands of his or her parents, guardian, or custodian,” and the court finds by clear and convincing evidence that court-accessed services are necessary. As our Michigan Court of Appeals held in In re Weiss, 224 Mich App 37, 41; 568 NW2d 336 (1997), disobedience is not limited to the home — it can include getting suspended from school or committing illegal acts. Oakland County Circuit Court Family Division holds exclusive jurisdiction over these cases. The court covers all juveniles ages 10 through 17 residing in Oakland County.
What Behaviors Qualify in Oakland County?
Oakland County courts look for a documented pattern of conduct — not a single incident. Qualifying behaviors for an incorrigibility petition include, but are not limited to:
- Leaving home without permission or violating curfew
- Threatening or causing physical harm to family members
- Malicious destruction of family property
- Stealing from family members
- Using alcohol, marijuana, or other illegal substances
- Using vulgar or abusive language toward parents
- Skipping school or chronic disruption against a parent’s direction
- Associating with people the parent has specifically prohibited
Minor friction — back talk, eye-rolling, ignoring chores — generally does not meet the legal threshold. Oakland County family courts expect documented, repeated, and serious defiance before accepting a petition.
Oakland County Tip: Start keeping a written journal now. Log every incident with the date, time, location, and what occurred. The court requires that all alleged behaviors occurred within the last three months.
Oakland County’s Specific Filing Requirements
Filing an incorrigibility petition here in Oakland County is not as simple as calling law enforcement. The process begins with the Oakland County Prosecuting Attorney’s office and has specific local requirements you must satisfy before the court will accept your case.
Step 1: Complete the Petition Yourself
You must complete the petition completely and on your own. Court employees in Oakland County are not permitted to provide legal advice. The petition requires specific, detailed allegations about your child’s behavior — vague statements will not suffice.
Step 2: Allegations Must Be Current
Oakland County requires that all alleged behaviors occurred within the last three months. Older incidents will not be considered. This is a hard deadline — document behavior as it happens.
Step 3: Provide Proof of Counseling Efforts
You must present a written statement from a counseling agency detailing your efforts to use community resources. This statement is required even if your child refused to attend counseling sessions with you.
Oakland County Youth Assistance (OCYA) can be used to satisfy this counseling requirement, often for a nominal fee. Contact them at (248) 858-0051 before filing your petition.
Step 4: Submit to the Juvenile Intake Department
Mail or deliver your completed petition and all required attachments to:
Juvenile Intake Department
Ground Floor, East Wing, Courthouse Building 1200 N. Telegraph Road, Pontiac, MI 48341
Court Phone: (248) 858-0112
What Happens After Filing in Oakland County?
Once submitted, a Casework Liaison from Oakland County’s Juvenile Casework Services is available to consult with families prior to formal petition filing. Referrals to community-based resources are often made at this stage. Once the petition is reviewed by the Prosecutor’s office, the case may proceed in one of several ways:
- Dismissal — The court determines the situation does not meet the legal threshold.
- Informal Diversion — The case is resolved through a diversion program, leaving no public record. This is often the first step Oakland County courts pursue.
- Formal Proceedings — If the case goes formal, the Oakland County prosecuting attorney must prove the child’s incorrigibility beyond a reasonable doubt — the same standard as adult criminal court.
In formal proceedings, your child has the right to a court-appointed attorney, the right to a jury trial, and the right to confront witnesses.
The Role of Oakland County Casework Services
Once a case is adjudicated in Oakland County, a Casework Services professional prepares a detailed social history report — including information gathered from schools, police, and community agencies — and makes recommendations to the court about the appropriate disposition. This takes into account both the child’s needs and community protection.
Post-disposition, Casework Services monitors compliance with court orders, including probation conditions, restitution, community service, parental education requirements, and counseling referrals. Your child will be assigned a probation officer who meets with them at least twice per month.
Unlike adult courts, Oakland County’s Sixth Circuit Court Family Division does not impose fixed sentences. Judges and referees choose from a wide menu of programs, services, and consequences tailored to each case.
Critical Warnings for Oakland County Parents
Filing an incorrigibility petition in Oakland County is a serious legal step with consequences for the entire family. Before proceeding, every parent should understand the following:
- Court orders are binding on you, too. Oakland County courts can impose probation conditions and family counseling obligations on parents, not just the child.
- Court involvement can last until age 20. Under MCL 712A.18(1)(b), the court’s jurisdiction may extend until your child’s 20th birthday.
- You may be assessed financial costs. Parents may be held responsible for rehabilitation services and court-appointed attorney fees.
- The court — not you — takes the lead. Filing does not simply hand authority back to parents; the Court becomes an active participant in family decisions.
- Placement outside the home is possible. If court orders are violated, the court can order secure detention under MCL 712A.18(1)(k).
Can My Child Be Detained in Oakland County?
Generally, no, not at the outset. Federal law under 34 U.S.C. § 11133(11)(A) prohibits placing a juvenile in a secure detention facility solely for a status offense, such as incorrigibility. However, if your child is already on probation or bond in Oakland County and violates those court orders, detention becomes a legal possibility under MCL 712A.15(3).
If detention occurs, Oakland County is required to conduct a mental health assessment within 24 hours and hold a court hearing within 48 hours.
Oakland County Resources for Families
Before pursuing a court petition, Oakland County offers several resources that parents should explore first:
- Oakland County Youth Assistance (OCYA): (248) 858-0051 — Community-based counseling and prevention services that can satisfy the petition’s counseling requirement.
- Sixth Circuit Court Family Division Casework Liaison: Available to consult with families considering filing a petition and can refer families to community resources.
- Juvenile Intake Department: (248) 858-0112 — For procedural questions about petition submission.
Should You Hire an Attorney?
Parents are not required to retain an attorney to file an incorrigibility petition in Oakland County — but doing so is strongly advisable. An experienced Oakland County family law attorney at The Kronzek Firm can help you document the pattern of behavior in legally sufficient terms, navigate the counseling requirement, prepare for the Prosecuting Attorney’s review, and protect your interests once the Family Court becomes involved. Your child will be appointed a court attorney; having your own legal representation balances that dynamic. You can reach our attorneys at contactus@kronzek.law or call (248) 479-6200.