BillCam

state of michigan

100th Legislature

Regular session of 2019

Introduced by Senators Lucido and Geiss

ENROLLED SENATE BILL No. 90

AN ACT to amend 1939 PA 288, entitled An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties, by amending sections 1 and 3 of chapter XIIA (MCL 712A.1 and 712A.3), section 1 as amended by 2016 PA 496 and section 3 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.

(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 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 juveniles 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 childrens 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, MCL 330.2062 to 330.2074, 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.

(D) Familiarity with competency standards in this state.

(ii) 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, MCL 330.2072, 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.

(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 childs 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) Restoration means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed.

(s) Serious misdemeanor means that term as defined in section 61 of the William Van Regenmorter crime victims rights act, 1985 PA 87, MCL 780.811.

(t) 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 courts jurisdiction receives the care, guidance, and control, preferably in his or her own home, conducive to the juveniles 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 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.

Enacting section 1. This amendatory act takes effect October 1, 2021.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor