SB-1090, As Passed Senate, October 20, 2016
September 21, 2016, Introduced by Senator EMMONS and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 1 of chapter XIIA (MCL 712A.1), as amended by
2014 PA 533.
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 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) "Reasonable and prudent parenting standard" means
decisions characterized by careful and sensible parental decisions
that maintain a child's health, safety, and best interest while
encouraging the emotional and developmental growth of the child
when determining whether to allow a child in foster care to
participate in extracurricular, enrichment, cultural, and social
activities.
(r) (q)
"Restoration" means the
process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
(s) (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.
(t) (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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 1091
of the 98th Legislature is enacted into law.