HB-4133, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4133

 

 

 

 

 

 

 

 

 

 

 

 

     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 2016 PA 496, section

 

3 as amended by 1996 PA 409, and section 11 as amended by 2016 PA

 

185.

 

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, 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.

 

     (C) Clinical understanding of child and adolescent


development.

 

     (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.

 

     (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) "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 victim's 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 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 (4), (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. However, the The

 

court may proceed on the consent calendar under section 2f of this

 

chapter if at any time before disposition the court determines that

 

a case should not proceed on the formal calendar but that the

 

protective and supportive action by the court will serve the best

 

interests of the juvenile and the public.

 

     (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 1925 PA 289, MCL 28.243. 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, 1988 PA 13, MCL 722.821 to

 

722.831, is complied with and the court determines that court

 

services can be used in the 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, 2021.