Michigan Laws 712A.18s – Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court
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Terms Used In Michigan Laws 712A.18s
- Court: means the family division of circuit court. See Michigan Laws 712A.1
- Department: means the department of health and human services. See Michigan Laws 712A.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.1Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. 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 Least restrictive environment: means a supervised community placement, preferably a placement with the juvenile's parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety. See Michigan Laws 712A.1 Mental health code: means the mental health code, 1974 PA 258, MCL 330. 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 Qualified restoration provider: means an individual who the court determines, as a result of the opinion provided by the qualified forensic mental health examiner, has the skills and training necessary to provide restoration services. 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 Serious misdemeanor: means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780. See Michigan Laws 712A.1
(1) If the juvenile is incompetent to proceed but the court finds that the juvenile may be restored to competency in the foreseeable future, 1 of the following applies:
(a) If the offense is a traffic offense or a misdemeanor other than a serious misdemeanor, the matter shall be dismissed.
(b) If the offense is a serious misdemeanor, the court may dismiss the matter or suspend the proceedings against the juvenile.
(c) If the offense is a felony, the proceedings against the juvenile shall be further suspended.
(2) If proceedings are suspended because the juvenile is incompetent to proceed but the court finds that the juvenile may be restored to competency in the foreseeable future, all of the following apply:
(a) Before issuing a restoration order, the court shall hold a hearing to determine the least restrictive environment for completion of the restoration.
(b) The court may issue a restoration order that is valid for 60 days from the date of the initial finding of incompetency or until 1 of the following occurs, whichever occurs first:
(i) The qualified juvenile forensic mental health examiner, based on information provided by the qualified restoration provider, submits a report that the juvenile has regained competency or that there is no substantial probability that the juvenile will regain competency within the period of the order.
(ii) The charges are dismissed.
(iii) The juvenile reaches 18 years of age.
(c) Following issuance of the restoration order, the qualified restoration provider shall submit a report to the court and the qualified juvenile forensic mental health examiner that includes the information required under section 18p of this chapter. The report shall be submitted to the court and the qualified juvenile forensic mental health examiner every 30 days, or sooner if and at the time either of the following occurs:
(i) The qualified restoration provider determines that the juvenile is no longer incompetent to proceed.
(ii) The qualified restoration provider determines that there is no substantial probability that the juvenile will be competent to proceed within the period of the order.
(3) Not later than 14 days before the expiration of the initial 60-day order, the qualified restoration provider may recommend to the court and the qualified juvenile forensic mental health examiner that the restoration order be renewed by the court for another 60 days, if there is a substantial probability that the juvenile will not be incompetent to proceed within the period of that renewed restoration order. The restoration order and any renewed restoration order shall not exceed a total of 120 days.
(4) Except as otherwise provided in this section, upon receipt of a report 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 do both of the following:
(a) Determine custody of the juvenile as follows:
(i) The court may direct that civil commitment proceedings be initiated, as allowed under section 498d of the mental health code, MCL 330.1498d.
(ii) If the court determines that commitment proceedings are inappropriate, the juvenile shall be released to the juvenile’s parent, legal guardian, or legal custodian under conditions considered appropriate to the court.
(b) Dismiss the charges against the juvenile.
(5) Upon receipt of a report from a qualified juvenile forensic mental health examiner that there is a substantial probability that the juvenile is unable to be restored due to serious emotional disturbance, the court may in its discretion, except as provided under the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, order that mental health services be provided to the juvenile by the department of community health, subject to the availability of inpatient care, a community mental health services program, the department of human services, a county department of human services, or another appropriate mental health services provider for a period not to exceed 60 days. The court shall retain jurisdiction over the juvenile throughout the duration of the order. The entity ordered to provide services under this subsection shall continue to provide services for the duration of the period of treatment ordered by the court.
(6) Not later than 14 days before the expiration of an order for treatment under this subsection or subsection (5), the entity providing mental health services under that order shall submit a report to the court and the qualified juvenile forensic mental health examiner regarding the juvenile. Upon receipt of the report, the court shall review the report and do either of the following:
(a) Renew the order for another period of treatment not to exceed 60 days. The order for treatment and any renewed order shall not exceed a total of 120 days.
(b) Determine custody of the juvenile and dismiss the charges against the juvenile.
(7) The department of community health shall maintain a record of the number of juveniles for whom the court ordered that mental health services be provided under subsection (5) or (6).