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CHILD ABUSE AND NEGLECT DIVISION

The Prosecutor represents the state's interest in protecting children who have been abused or neglected under the Child Protection Laws.  Child Abuse is defined as harm or threatened harm to a child’s health or welfare that occurs through non accidental physical or mental injury, sexual abuse, sexual exploitation or maltreatment, by a parent, a legal guardian, or any other person reasonable for the child’s health or welfare or by a teacher, a teacher’s aide, or a member of the clergy.  Child Neglect is defined as harm or threatened harm to a child’s health or welfare by a parent, legal guardian, or any other person responsible for the child’s health or welfare that occurs through either of the following:

i. Neglect treatment, including failure to provide adequate food, clothing, shelter, or medical care.

ii. Placing a child in unreasonable risk to the child’s health or welfare by failure of the parent, legal guardian, or other person reasonable for the child’s health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.

The prosecutor’s office becomes involved in a case after the Department of Human Services and/or the police have completed their investigation, a child or children have been removed from their parent’s home by the court and the parents have failed to rectify the conditions of the referral and/or have failed to comply with intervention.  A petition may be filed for temporary jurisdiction whereby the parents will be permitted to have a trial to determine if there child is in need of temporary state intervention in the form of services and resources to reunite the family, or a petition may be filed for permanent termination of parental rights whereby the parents will be permitted to have a trial to determine if it is in the best interest of the child or children to terminate their parents rights permanently.

If you are concerned that your child or a child you know may have been a victim of abuse or neglect, contact the Department of Human Services at (810) 760-2222. 

JUVENILE PROSECUTION DIVISION

The Prosecutor represents the state's interest in prosecuting those youths under the age of 17 who have violated the law.  The focus of juvenile court as mandated by the State of Michigan is to provide the youth with rehabilitation, services and intervention to prevent career criminals.  The juvenile system is not meant to be isolative or punishing in nature unless all other avenues have been explored.  The prosecutor’s office does not become involved in the case until after a criminal investigation is completed by the police and the police have brought the warrant into the prosecutor’s office.  A warrant may be denied, it may be left open for further investigation or it may be authorized.  If the warrant is authorized, a preliminary inquiry is scheduled before the referee of juvenile court to allow the juvenile an opportunity to be arraigned on the charges and enter a plea or diversion program.  If the juvenile does not plea or take a diversion program, the case will be scheduled for a Pre trial before the Judge in juvenile court to be provided an opportunity to meet the prosecutor and discuss the potential for a plea.  If the juvenile does not take a plea, than the case is set for trial.  In certain cases, a youth may be charged as an adult and/or sentenced as an adult when a serious felony has been committed.   In juvenile court a disposition hearing, similar to an adult sentencing is then held, wherein the Judge may order the following:

  • Warn the juvenile and terminate the court's jurisdiction;
  • Place the juvenile on in-home probation with a parent, relative or guardian;
  • Place the juvenile in foster care;
  • Require the juvenile to perform community service;
  • Send the juvenile to a rehabilitation center;
  • Order health care for the juvenile;
  • Order participation in programs that will assist the juvenile;
  • Place the juvenile in boot camp;
  • Order the parents to receive treatment or classes;
  • Order a probationary period;
  • Order the juvenile and his/her parents to pay restitution to the victim(s) when applicable;
  • Order the payment of a crime victim rights assessment fee and reimbursement of court expenses and court-appointed attorney fees.

CIVIL COMMITMENT DIVISION

The Prosecutor represents the state's interest to commit persons who are presently suffering from a mental illness that incapacitates them to the point of being unable to meet their basic needs, are a danger to self or others or do not understand their need for treatment.   The prosecutor does not become involved in the case until their has been a contested recommendation for commitment from a Authorized Medical Mental Facility and /or a finding by the court of Not Guilty by Reason of Insanity in a criminal case.  The Hospital will have conducted an evaluation and will have made a recommendation for a 60/90 day treatment order or a one year hospitalization order.  The individual is entitled to a jury trial every time the order expires and every 6 month review period.  When someone has been found not guilty by reason of insanity in criminal court, they have a separate trial in civil court to determine what treatment order they are committed under and then the Not Guilty By Reason of Insanity Committee oversees their care until discharge.  An individual who was found Not Guilty by Reason of Insanity routinely will be hospitalized until the point they have stabilized to move into less restrictive environments with eventual discharge to the community on a 5 year contract with the NGRI committee to demonstrate continued treatment and medication compliance in the community.  Individuals do have the right to request a trial before they have been released from NGRI Committee and against the recommendations of the NGRI Committee at any time.


Timothy Bograkos

Managing Assistant Prosecuting Attorney
Juvenile Division

 

JUVENILE DIVISION-CHILD ABUSE AND NEGLECT,
AND JUVENILE PROSECUTION
STAFF LIST 

NAME TITLE TELEPHONE EMAIL ADDRESS

Timothy Bograkos

Managing Assistant Prosecuting Attorney

(810) 257-3245

tbograkos@co.genesee.mi.us

Cynthia Carty Assistant Prosecuting Attorney (810) 257-3245 ccarty@co.genesee.mi.us

Denise Hamilton

 

Assistant Prosecuting Attorney

(810) 257-3245

dhamilton@co.genesee.mi.us

Gerald Snodgrass, II

Assistant Prosecuting Attorney

(810) 257-3245

jsnodgrass@co.genesee.mi.us

Todd Pangle

Secretary

(810) 257-3245

tpangle@co.genesee.mi.us