HB-4947, As Passed House, April 27, 2016
October 7, 2015, Introduced by Reps. Lucido, Kesto, Santana, Kosowski, Garrett, Love, Chang, Webber, Byrd, Robinson, Geiss, Gay-Dagnogo, Greig, Yanez, Darany, Forlini, Howrylak, LaVoy, Durhal, Rutledge, Irwin, Neeley, Hovey-Wright, Plawecki, Moss, Callton and Zemke and referred to the Committee on Criminal Justice.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 1, 3, and 11 of chapter XIIA (MCL 712A.1,
712A.3, and 712A.11), section 1 as amended by 2014 PA 533 and
sections 3 and 11 as amended by 1996 PA 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 1. (1) As used in this chapter:
(a) "Civil infraction" means that term as defined in section
113 of the revised judicature act of 1961, 1961 PA 236, MCL
600.113.
(b) "Competency evaluation" means a court-ordered examination
of a juvenile directed to developing information relevant to a
determination of his or her competency to proceed at a particular
stage of a court proceeding involving a juvenile who is the subject
of a delinquency petition.
(c) "Competency hearing" means a hearing to determine whether
a juvenile is competent to proceed.
(d) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(e) "Court" means the family division of circuit court.
(f) "Department" means the department of health and human
services. A reference in this chapter to the "department of social
welfare" or the "family independence agency" means the department
of health and human services.
(g) "Foreign protection order" means that term as defined in
section 2950h of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950h.
(h) "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.
(ii) Sufficiently understand the charges against him or her.
(i)
"Juvenile" means a person who is less than 17 18 years
of
age who is the subject of a delinquency petition.
(j) "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.
(k) "Licensed child caring institution" means a child caring
institution as defined and licensed under 1973 PA 116, MCL 722.111
to 722.128.
(l) "MCI" means the Michigan children's institute created and
established by 1935 PA 220, MCL 400.201 to 400.214.
(m) "Mental health code" means the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
(n) "Personal protection order" means a personal protection
order issued under section 2950 or 2950a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes
a valid foreign protection order.
(o) "Qualified juvenile forensic mental health examiner" means
1 of the following who performs forensic mental health examinations
for the purposes of sections 1062 to 1074 of the mental health code
but does not exceed the scope of his or her practice as authorized
by state law:
(i) A psychiatrist or psychologist who possesses experience or
training in the following:
(A) Forensic evaluation procedures for juveniles.
(B) Evaluation, diagnosis, and treatment of children and
adolescents with emotional disturbance, mental illness, or
developmental disabilities.
(C) Clinical understanding of child and adolescent
development.
(D) Familiarity with competency standards in this state.
(ii) Beginning September 28, 2014, a A mental
health
professional other than a psychiatrist or psychologist who has
completed a juvenile competency training program for forensic
mental health examiners that is endorsed by the department under
section 1072 of the mental health code and who possesses experience
or training in all of the following:
(A) Forensic evaluation procedures for juveniles.
(B) Evaluation, diagnosis, and treatment of children and
adolescents with emotional disturbance, mental illness, or
developmental disabilities.
(C) Clinical understanding of child and adolescent
development.
(D) Familiarity with competency standards in this state.
(p) "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. The court shall
take measures to avoid any conflict of interest among agencies or
individuals who may provide evaluation and restoration.
(q) "Restoration" means the process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
(r) "Serious misdemeanor" means that term as defined in
section 61 of the William Van Regenmorter crime victim's rights
act, 1985 PA 87, MCL 780.811.
(s) "Valid foreign protection order" means a foreign
protection order that satisfies the conditions for validity
provided in section 2950i of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950i.
(2) Except as otherwise provided, proceedings under this
chapter are not criminal proceedings.
(3) This chapter shall be liberally construed so that each
juvenile coming within the court's jurisdiction receives the care,
guidance, and control, preferably in his or her own home, conducive
to the juvenile's welfare and the best interest of the state. If a
juvenile is removed from the control of his or her parents, the
juvenile shall be placed in care as nearly as possible equivalent
to the care that should have been given to the juvenile by his or
her parents.
Sec. 3. (1) If during the pendency of a criminal charge
against a person in any other court it is ascertained that the
person
was under the age of 17 18
at the time of the commission of
the offense, the other court shall transfer the case without delay,
together with all the papers, documents, and testimony connected
with that case, to the family division of the circuit court of the
county in which the other court is situated or in which the person
resides.
(2) The court making the transfer shall order the child to be
taken promptly to the place of detention designated by the family
division of the circuit court or to that court itself or release
the juvenile in the custody of some suitable person to appear
before the court at a time designated. The court shall then hear
and dispose of the case in the same manner as if it had been
originally instituted in that court.
Sec. 11. (1) Except as provided in subsection (2), if a person
gives information to the court that a juvenile is within section
2(a)(2) to (6), (b), (c), or (d) of this chapter, a preliminary
inquiry may be made to determine whether the interests of the
public or the juvenile require that further action be taken. If the
court determines that formal jurisdiction should be acquired, the
court shall authorize a petition to be filed.
(2) Only the prosecuting attorney may file a petition
requesting the court to take jurisdiction of a juvenile allegedly
within section 2(a)(1) of this chapter. If the prosecuting attorney
submits a petition requesting the court to take jurisdiction of a
juvenile allegedly within section 2(a)(1) of this chapter and the
court determines that formal jurisdiction should be acquired, the
court shall authorize a petition to be filed.
(3) The petition described in subsections (1) and (2) shall be
verified and may be upon information and belief. The petition shall
set forth plainly the facts that bring the juvenile within this
chapter and shall contain all of the following information:
(a) The juvenile's name, birth date, and address.
(b) The name and address of the juvenile's parents.
(c) The name and address of the juvenile's legal guardian, if
there
is one.a legal guardian.
(d) The name and address of each person having custody or
control of the juvenile.
(e) The name and address of the juvenile's nearest known
relative, if no parent or legal guardian can be found.
(4) If any of the facts required under subsection (3) are not
known to the petitioner, the petition shall state that the facts
are
not known. If the juvenile attains his or her seventeenth
eighteenth birthday after the filing of the petition, the court's
jurisdiction
shall continue beyond the juvenile's seventeenth
eighteenth birthday and the court may hear and dispose of the
petition under this chapter.
(5) When a petition is authorized, the court shall examine the
court
file to determine if a juvenile has had fingerprints taken as
required
under section 3 of Act No. 289 of the Public Acts of 1925,
being
section 28.243 of the Michigan Compiled Laws. If a juvenile
has
not had his or her fingerprints taken, his or her biometric
data collected as required under section 3 of 1925 PA 289, MCL
28.243. If a juvenile's biometric data has not been collected, the
court shall do either of the following:
(a) Order the juvenile to submit himself or herself to the
police agency that arrested or obtained the warrant for the arrest
of
the juvenile so the juvenile's fingerprints can be
taken.biometric data can be collected.
(b) Order the juvenile committed to the custody of the sheriff
for
the taking of the juvenile's fingerprints.collection of the
juvenile's biometric data.
(6) A petition or other court record may be amended at any
stage of the proceedings as the ends of justice require.
(7)
If the juvenile diversion act, Act No. 13 of the Public
Acts
of 1988, being sections 722.821 to 722.831 of the Michigan
Compiled
Laws, 1988 PA 13, MCL 722.821
to 722.831, is complied with
and the court determines that court services can be used in the
House Bill No. 4947 as amended April 26, 2016
prevention of delinquency without formal jurisdiction, the court
may offer court services to a juvenile without a petition being
authorized as provided in section 2(e) of this chapter.
Enacting section 1. This amendatory act takes effect [October 1,
2018.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are enacted
into law:
(a) House Bill No. 4948.
(b) House Bill No. 4949.
(c) House Bill No. 4950.
(d) House Bill No. 4951.
(e) House Bill No. 4952.
(f) House Bill No. 4953.
(g) House Bill No. 4954.
(h) House Bill No. 4964.
]