Terms Used In Michigan Laws 712A.18q

  • Court: means the family division of circuit court. See Michigan Laws 712A.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Incompetent to proceed: means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:
  (i) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner. See Michigan Laws 712A.1
  • juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • Qualified juvenile forensic mental health examiner: means 1 of the following who performs forensic mental health examinations for the purposes of section 1062 to 1074 of the mental health code, MCL 330. See Michigan Laws 712A.1
  • Restoration: means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed. See Michigan Laws 712A.1
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
    •   (1) Not later than 30 days after a report is filed under section 18p of this chapter, the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile’s mental condition or may submit the matter by written stipulation based on the filed report.
      (2) Upon a finding by the court that a juvenile is incompetent to proceed and a finding that there is a substantial probability that the juvenile will remain incompetent to proceed for the foreseeable future or within the period of the restoration order, the court shall dismiss with prejudice the charges against the juvenile and may determine custody of the juvenile.
      (3) The qualified juvenile forensic mental health examiner appointed by the court to determine the juvenile’s mental condition shall be allowed reasonable fees for services rendered.
      (4) The court shall report to the state court administrator the number of juveniles found to be incompetent to proceed.

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