SENATE BILL No. 1090

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.