HB-4555, As Passed House, December 5, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4555

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 498d, 498e, and 498h (MCL 330.1498d,

 

330.1498e, and 330.1498h), section 498d as amended by 1998 PA 524,

 

section 498e as amended by 1996 PA 588, and section 498h as amended

 

by 2000 PA 57, and by adding sections 1060, 1060a, 1060b, 1060c,

 

1062, 1064, 1066, 1068, 1070, 1072, and 1074.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 498d. (1) Subject to section 498e and except as otherwise

 

provided in this chapter, section 1074, and section 18s of chapter

 

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18s, a

 

minor of any age may be hospitalized if both of the following

 

conditions are met:

 

     (a) The minor's parent, guardian, or a person acting in loco

 


parentis for the minor or, in compliance with subsection (2) or

 

(3), the family independence agency department of human services or

 

county juvenile agency, as applicable, requests hospitalization of

 

the minor under this chapter.

 

     (b) The minor is found to be suitable for hospitalization.

 

     (2) The family independence agency department of human

 

services may request hospitalization of a minor who is committed to

 

the family independence agency department of human services under

 

1935 PA 220, MCL 400.201 to 400.214.

 

     (3) As applicable, the family independence agency department

 

of human services may request hospitalization of, or the county

 

juvenile agency may request an evaluation for hospitalization of, a

 

minor who is 1 of the following:

 

     (a) A ward of the court under chapter X or XIIA of the probate

 

code of 1939, 1939 PA 288, MCL 710.21 to 710.70 and 712A.1 to

 

712A.32, if the family independence agency department of human

 

services or county juvenile agency is specifically empowered to do

 

so by court order.

 

     (b) Committed to the family independence agency department of

 

human services or county juvenile agency under the youth

 

rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309,

 

except that if the minor is residing with his or her custodial

 

parent, the consent of the custodial parent is required.

 

     (4) Subject to sections 498e, 498f, and 498j, and except as

 

provided in section 1074 and section 18s of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.18s, a minor 14 years

 

of age or older may be hospitalized if both of the following

 


conditions are met:

 

     (a) The minor requests hospitalization under this chapter.

 

     (b) The minor is found to be suitable for hospitalization.

 

     (5) In making the determination of suitability for

 

hospitalization, a minor shall not be determined to be a minor

 

requiring treatment solely on the basis of 1 or more of the

 

following conditions:

 

     (a) Epilepsy.

 

     (b) Developmental disability.

 

     (c) Brief periods of intoxication caused by substances such as

 

alcohol or drugs or by dependence upon or addiction to those

 

substances.

 

     (d) Juvenile offenses, including school truancy, home truancy,

 

or incorrigibility.

 

     (e) Sexual activity.

 

     (f) Religious activity or beliefs.

 

     (g) Political activity or beliefs.

 

     (6) As used in this section, "county juvenile agency" means

 

that term as defined in section 2 of the county juvenile agency

 

act, 1998 PA 518, MCL 45.622.

 

     Sec. 498e. (1) A Except as provided in section 1074 and

 

section 18s of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.18s, a minor requesting hospitalization or for whom a

 

request for hospitalization was made shall be evaluated to

 

determine suitability for hospitalization pursuant according to

 

this section as soon as possible after the request is made.

 

     (2) The executive director of the community mental health

 


services program that is responsible for providing services in the

 

county of residence of a minor requesting hospitalization or for

 

whom a request for hospitalization was made shall evaluate the

 

minor to determine his or her suitability for hospitalization

 

pursuant according to this section. In making a determination of a

 

minor's suitability for hospitalization, the executive director

 

shall utilize the community mental health services program's

 

children's diagnostic and treatment service. If a children's

 

diagnostic and treatment service does not exist in the community

 

mental health services program, the executive director shall,

 

through written agreement, arrange to have a determination made by

 

the children's diagnostic and treatment service of another

 

community mental health services program, or by the appropriate

 

hospital.

 

     (3) In evaluating a minor's suitability for hospitalization,

 

the executive director shall do all of the following:

 

     (a) Determine both of the following:

 

     (i) Whether the minor is a minor requiring treatment.

 

     (ii) Whether the minor requires hospitalization and is expected

 

to benefit from hospitalization.

 

     (b) Determine whether there is an appropriate, available

 

alternative to hospitalization, and if there is, refer the minor to

 

that program.

 

     (c) Consult with the appropriate school, hospital, and other

 

public or private agencies.

 

     (d) If the minor is determined to be suitable for

 

hospitalization under subdivision (a), refer the minor to the

 


appropriate hospital.

 

     (e) If the minor is determined not to be suitable for

 

hospitalization under subdivision (a), determine if the minor needs

 

mental health services. If it is determined that the minor needs

 

mental health services, the executive director shall offer an

 

appropriate treatment program for the minor, if the program is

 

available, or refer the minor to any other appropriate agency for

 

services.

 

     (f) If a minor is assessed and found not to be clinically

 

suitable for hospitalization, the executive director shall inform

 

the individual or individuals requesting hospitalization of the

 

minor of appropriate available alternative services to which a

 

referral should be made and of the process for a request of a

 

second opinion under subsection (4).

 

     (4) If the children's diagnostic and treatment service of the

 

community mental health services program denies hospitalization,

 

the parent or guardian of the minor may request a second opinion

 

from the executive director. The executive director shall arrange

 

for an additional evaluation by a psychiatrist, other physician, or

 

licensed psychologist to be performed within 3 days, excluding

 

Sundays and legal holidays, after the executive director receives

 

the request. If the conclusion of the second opinion is different

 

from the conclusion of the children's diagnostic and treatment

 

service, the executive director, in conjunction with the medical

 

director, shall make a decision based on all clinical information

 

available. The executive director's decision shall be confirmed in

 

writing to the individual who requested the second opinion, and the

 


confirming document shall include the signatures of the executive

 

director and medical director or verification that the decision was

 

made in conjunction with the medical director.

 

     (5) If a minor has been admitted to a hospital not operated by

 

or under contract with the department or a community mental health

 

services program and the hospital considers it necessary to

 

transfer the minor to a hospital under contract with a community

 

mental health services program, the hospital shall submit an

 

application for transfer to the appropriate community mental health

 

services program. The executive director shall determine if there

 

is an appropriate, available alternative to hospitalization of the

 

minor. If the executive director determines that there is an

 

appropriate, available alternative program, the minor shall be

 

referred to that program. If the executive director determines that

 

there is not an appropriate, alternative program, the minor shall

 

be referred to a hospital under contract with the community mental

 

health services program.

 

     (6) Except as provided in subsections (1) and (5), this

 

section only applies to hospitals operated under contract with a

 

community mental health services program.

 

     Sec. 498h. (1) A Except as provided in section 1074 and

 

section 18s of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.18s, a minor's parent, guardian, or person in loco

 

parentis may request emergency admission of the minor to a

 

hospital, if the person making the request has reason to believe

 

that the minor is a minor requiring treatment and that the minor

 

presents a serious danger to self or others.

 


     (2) If the hospital to which the request for emergency

 

admission is made is not under contract to the community mental

 

health services program, the request for emergency hospitalization

 

shall be made directly to the hospital. If the hospital director

 

agrees that the minor needs emergency admission, the minor shall be

 

hospitalized. If the hospital director does not agree, the person

 

making the request may request hospitalization of the minor under

 

section 498d.

 

     (3) If the hospital to which the request for emergency

 

admission is made is under contract to the community mental health

 

services program, the request shall be made to the preadmission

 

screening unit of the community mental health services program

 

serving in the county where the minor resides. If the community

 

mental health services program has a children's diagnostic and

 

treatment service, the preadmission screening unit shall refer the

 

person making the request to that service. In counties where there

 

is no children's diagnostic and treatment service, the preadmission

 

screening unit shall refer the person making the request to the

 

appropriate hospital. If it is determined that emergency admission

 

is not necessary, the person may request hospitalization of the

 

minor under section 498d. If it is determined that emergency

 

admission is necessary, the minor shall be hospitalized or placed

 

in an appropriate alternative program.

 

     (4) If a minor is assessed by the preadmission screening unit

 

and found not to be clinically suitable for hospitalization, the

 

preadmission screening unit shall inform the individual or

 

individuals requesting hospitalization of the minor of appropriate

 


available alternative services to which a referral should be made

 

and of the process for a request of a second opinion under

 

subsection (5).

 

     (5) If the preadmission screening unit of the community mental

 

health services program denies hospitalization, a minor's parent or

 

guardian may request a second opinion from the executive director.

 

The executive director shall arrange for an additional evaluation

 

by a psychiatrist, other physician, or licensed psychologist to be

 

performed within 3 days, excluding Sundays and legal holidays,

 

after the executive director receives the request. If the

 

conclusion of the second opinion is different from the conclusion

 

of the preadmission screening unit, the executive director, in

 

conjunction with the medical director, shall make a decision based

 

on all clinical information available. The executive director's

 

decision shall be confirmed in writing to the individual who

 

requested the second opinion, and the confirming document shall

 

include the signatures of the executive director and medical

 

director or verification that the decision was made in conjunction

 

with the medical director.

 

     (6) If a person in loco parentis makes a request for emergency

 

admission and the minor is admitted to a hospital under this

 

section, the hospital director or the executive director of the

 

community mental health services program immediately shall notify

 

the minor's parent or parents or guardian.

 

     (7) If a minor is hospitalized in a hospital that is operated

 

under contract with a community mental health services program, the

 

hospital director shall notify the appropriate executive director

 


within 24 hours after the hospitalization occurs.

 

     (8) If a peace officer, as a result of personal observation,

 

has reasonable grounds to believe that a minor is a minor requiring

 

treatment and that the minor presents a serious danger to self or

 

others and if after a reasonable effort to locate the minor's

 

parent, guardian, or person in loco parentis, the minor's parent,

 

guardian, or person in loco parentis cannot be located, the peace

 

officer may take the minor into protective custody and transport

 

the minor to the appropriate community mental health preadmission

 

screening unit, if the community mental health services program has

 

a children's diagnostic and treatment service, or to a hospital if

 

it does not have a children's diagnostic and treatment service.

 

After transporting the minor, the peace officer shall execute a

 

written request for emergency hospitalization of the minor stating

 

the reasons, based upon personal observation, that the peace

 

officer believes that emergency hospitalization is necessary. The

 

written request shall include a statement that a reasonable effort

 

was made by the peace officer to locate the minor's parent,

 

guardian, or person in loco parentis. If it is determined that

 

emergency hospitalization of the minor is not necessary, the minor

 

shall be returned to his or her parent, guardian, or person in loco

 

parentis if an additional attempt to locate the parent, guardian,

 

or person in loco parentis is successful. If the minor's parent,

 

guardian, or person in loco parentis cannot be located, the minor

 

shall be turned over to the protective services program of the

 

family independence agency. If it is determined that emergency

 

admission of the minor is necessary, the minor shall be admitted to

 


the appropriate hospital or to an appropriate alternative program.

 

The executive director immediately shall notify the minor's parent,

 

guardian, or person in loco parentis. If the hospital is under

 

contract with the community mental health services program, the

 

hospital director shall notify the appropriate executive director

 

within 24 hours after the hospitalization occurs.

 

     (9) An evaluation of a minor admitted to a hospital under this

 

section shall begin immediately after the minor is admitted. The

 

evaluation shall be conducted in the same manner as provided in

 

section 498e. If the minor is not found to be suitable for

 

hospitalization, the minor shall be released into the custody of

 

his or her parent, guardian, or person in loco parentis, and the

 

minor shall be referred to the executive director who shall

 

determine if the minor needs mental health services. If it is

 

determined that the minor needs mental health services, the

 

executive director shall offer an appropriate treatment program for

 

the minor, if the program is available, or refer the minor to

 

another agency for services.

 

     (10) A hospital director shall proceed under either the

 

estates and protected individuals code, 1998 PA 386, MCL 700.1101

 

to 700.8102 700.8206, or chapter XIIA of the probate code of 1939,

 

1939 PA 288, MCL 712A.1 to 712A.32, as warranted by the situation

 

and the best interests of the minor, under any of the following

 

circumstances:

 

     (a) The hospital director cannot locate a parent, guardian, or

 

person in loco parentis of a minor admitted to a hospital under

 

subsection (8).

 


     (b) The hospital director cannot locate the parent or guardian

 

of a minor admitted to a hospital by a person in loco parentis

 

under this section.

 

     Sec. 1060. For the purposes of sections 1060a to 1074, the

 

words and phrases defined in sections 1060a to 1060c have the

 

meanings ascribed to them in those sections.

 

     Sec. 1060a. (1) "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.

 

     (2) "Competency hearing" means a hearing to determine whether

 

a juvenile is competent to proceed.

 

     (3) "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:

 

     (a) Consult with and assist his or her attorney in preparing

 

his or her defense in a meaningful manner.

 

     (b) Sufficiently understand the charges against him or her.

 

     (4) "Juvenile" means a person who is less than 17 years of age

 

who is the subject of a delinquency petition.

 

     Sec. 1060b. (1) "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.

 

     (2) "Licensed child caring institution" means a child caring

 

institution as defined and licensed under 1973 PA 116, MCL 722.111

 

to 722.128.

 

     (3) "Qualified forensic mental health examiner" means 1 of the

 

following who performs forensic mental health examinations for the

 

purposes of sections 1062 to 1074 but does not exceed the scope of

 

his or her practice as authorized by state law:

 

     (a) A psychiatrist or psychologist who possesses experience or

 

training in the following:

 

     (i) Forensic evaluation procedures for juveniles.

 

     (ii) Evaluation, diagnosis, and treatment of children and

 

adolescents with emotional disturbance, mental illness, or

 

developmental disabilities.

 

     (iii) Clinical understanding of child and adolescent

 

development.

 

     (iv) Familiarity with competency standards in this state.

 

     (b) Beginning 18 months after the effective date of the

 

amendatory act that added this section, 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 and who possesses experience or training in all of the

 

following:

 

     (i) Forensic evaluation procedures for juveniles.

 

     (ii) Evaluation, diagnosis, and treatment of children and

 

adolescents with emotional disturbance, mental illness, or

 


developmental disabilities.

 

     (iii) Clinical understanding of child and adolescent

 

development.

 

     (iv) Familiarity with competency standards in this state.

 

     (4) "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.

 

     Sec. 1060c. (1) "Restoration" means the process by which

 

education or treatment of a juvenile results in that juvenile

 

becoming competent to proceed.

 

     (2) "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.

 

     Sec. 1062. (1) A juvenile 10 years of age or older is presumed

 

competent to proceed unless the issue of competency is raised by a

 

party. A juvenile less than 10 years of age is presumed incompetent

 

to proceed.

 

     (2) The court may order upon its own motion, or at the request

 

of the juvenile, the juvenile's attorney, or the prosecuting

 

attorney, a competency evaluation to determine whether the juvenile

 

is incompetent to proceed if the juvenile is the subject of a

 

delinquency petition in the court or if the juvenile is under the

 

court's jurisdiction under section 2(a)(2) to (4) of chapter XIIA of

 

the probate code of 1939, 1939 PA 288, MCL 712A.2. The issue of the

 


juvenile's competency may be raised by the court before which the

 

proceedings are pending or being held, or by motion of a party, at

 

any time during the proceeding.

 

     (3) At the time an issue of the juvenile's competency is

 

raised, the delinquency proceeding shall temporarily cease until

 

determination is made on the competence of the juvenile according to

 

this act.

 

     Sec. 1064. (1) A competency evaluation ordered under section

 

1062 shall be conducted by a qualified forensic mental health

 

examiner. The qualified forensic mental health examiner shall provide

 

the court with an opinion as to whether the juvenile is competent to

 

proceed. The court has the final determination of an expert witness

 

serving as a qualified forensic mental health examiner.

 

     (2) This section does not prohibit any party from retaining the

 

party's own qualified forensic mental health examiner to conduct

 

additional evaluations at the party's own expense.

 

     (3) The competency evaluation shall be conducted in the least

 

restrictive environment. There is a presumption in favor of

 

conducting a competency evaluation while the juvenile remains in the

 

custody of a parent or legal guardian, unless removal from the home

 

is necessary for the best interests of the juvenile, for reasons of

 

public safety, or because the parent or guardian has refused to

 

cooperate in the competency evaluation process.

 

     Sec. 1066. (1) The court shall order the prosecuting attorney

 

to provide to the juvenile's attorney all information related to

 

competency and shall order the prosecuting attorney and juvenile's

 

attorney to submit to the qualified forensic mental health examiner

 


any information considered relevant to the competency evaluation,

 

including, but not limited to:

 

     (a) The names and addresses of all attorneys involved.

 

     (b) Information about the alleged offense.

 

     (c) Any information about the juvenile's background in the

 

prosecuting attorney's possession.

 

     (2) Except as prohibited by federal law, the court shall

 

require the juvenile's attorney to provide any available records of

 

the juvenile or other information relevant to the evaluation,

 

including, but not limited to, any of the following:

 

     (a) Psychiatric records.

 

     (b) School records.

 

     (c) Medical records.

 

     (d) Child protective services records.

 

     (3) The requirement to provide records or information under

 

subsection (1) or (2) does not limit, waive, or abrogate the work

 

product doctrine or the attorney-client privilege, and release of

 

records and information under subsection (1) or (2) is subject to

 

the work product doctrine and the attorney-client privilege.

 

     (4) All information required under subsections (1) and (2)

 

must be provided to the qualified forensic mental health examiner

 

within 10 days after the court issues the order for the competency

 

evaluation. If possible, the information required under this

 

section shall be received before the juvenile's competency

 

evaluation or the commencement of the competency evaluation in an

 

outpatient setting.

 

     (5) A qualified forensic mental health examiner who conducts a

 


competency evaluation shall submit a written report to the court

 

not later than 30 days from receipt of the court order requiring

 

the competency evaluation. The evaluation shall be based on a

 

juvenile adjudicative competence interview (JACI) or another

 

interview method approved by the court. The report shall contain,

 

but not be limited to, the following:

 

     (a) A description of the nature, content, and extent of the

 

examination, including, but not limited to, all of the following:

 

     (i) A description of assessment procedures, techniques, and

 

tests used.

 

     (ii) Available medical, educational, and court records

 

reviewed.

 

     (iii) Social, clinical, developmental, and legal history as

 

available.

 

     (b) A clinical assessment that includes, but is not limited

 

to, the following:

 

     (i) A mental status examination.

 

     (ii) The diagnosis and functional impact of mental illness,

 

developmental disability, or cognitive impairment. If the juvenile

 

is taking medication, the impact of the medication on the

 

juvenile's mental state and behavior.

 

     (iii) An assessment of the juvenile's intelligence.

 

     (iv) The juvenile's age, maturity level, developmental stage,

 

and decision-making abilities.

 

     (v) Whether the juvenile has any other factor that affects

 

competence.

 

     (c) A description of abilities and deficits in the following

 


mental competency functions related to the juvenile's competence to

 

proceed:

 

     (i) The ability to factually as well as rationally understand

 

and appreciate the nature and object of the proceedings, including,

 

but not limited to, all of the following:

 

     (A) An ability to understand the role of the participants in

 

the court process, including, the roles of the judge, the

 

juvenile's attorney, the prosecuting attorney, the probation

 

officer, witnesses, and the jury, and to understand the adversarial

 

nature of the process.

 

     (B) An ability to appreciate the charges and understand the

 

seriousness of the charges.

 

     (C) An ability to understand and realistically appraise the

 

likely outcomes.

 

     (D) An ability to extend thinking into the future.

 

     (ii) The ability to render meaningful assistance to the

 

juvenile's attorney in the preparation of the case, including, but

 

not limited to, all of the following:

 

     (A) An ability to disclose to an attorney a reasonably

 

coherent description of facts and events pertaining to the charge,

 

as perceived by the juvenile.

 

     (B) An ability to consider the impact of his or her action on

 

others.

 

     (C) Verbal articulation abilities or the ability to express

 

himself or herself in a reasonable and coherent manner.

 

     (D) Logical decision-making abilities, particularly

 

multifactored problem-solving or the ability to take several

 


factors into consideration in making a decision.

 

     (E) An ability to reason about available options by weighing

 

the consequences, including weighing pleas, waivers, and

 

strategies.

 

     (F) An ability to display appropriate courtroom behavior.

 

     (6) The qualified forensic mental health examiner shall provide

 

the court with an opinion about the juvenile's competency to

 

proceed. If the qualified forensic mental health examiner determines

 

that the juvenile is incompetent to proceed, the qualified forensic

 

mental health examiner shall comment on the nature of any

 

psychiatric or psychological disorder or cognitive impairment, the

 

prognosis, and the services needed and expertise required to

 

restore the juvenile to competency, if possible, within a projected

 

time frame.

 

     (7) The court in its discretion may, for good cause, grant the

 

qualified forensic mental health examiner a 30-day extension in

 

filing the competency evaluation report.

 

     (8) Copies of the written report shall be provided by the court

 

to the juvenile's attorney, the prosecuting attorney, and any

 

guardian ad litem for the juvenile not later than 5 working days

 

after receipt of the report by the court.

 

     Sec. 1068. (1) Not later than 30 days after a report is filed

 

under section 1066, the court shall hold a hearing to determine if a

 

juvenile is competent to proceed. At the hearing, the parties may

 

introduce other evidence regarding the juvenile's mental condition or

 

may submit the matter by written stipulation based on the filed

 

report.

 


     (2) Upon a finding by the court that a juvenile is incompetent

 

to proceed and a finding that there is a substantial probability that

 

the juvenile will remain incompetent to proceed for the foreseeable

 

future or within the period of the restoration order, the court shall

 

dismiss with prejudice the charges against the juvenile and may

 

determine custody of the juvenile.

 

     (3) The qualified forensic mental health examiner appointed by

 

the court to determine the juvenile's mental condition shall be

 

allowed reasonable fees for services rendered.

 

     Sec. 1070. (1) The constitutional protections against self-

 

incrimination apply to all competency evaluations.

 

     (2) Any evidence or statement obtained during a competency

 

evaluation is not admissible in any proceeding to determine the

 

juvenile's responsibility.

 

     (3) A statement that a juvenile makes during a competency

 

evaluation or evidence resulting from the statement concerning any

 

other event or transaction is not admissible in any proceeding to

 

determine the juvenile's responsibility for any other charges that

 

are based on those events or transactions.

 

     (4) A statement that the juvenile makes during a competency

 

evaluation may not be used for any purpose other than assessment of

 

his or her competency without the written consent of the juvenile

 

or the juvenile's guardian. The juvenile or the juvenile's guardian

 

must have an opportunity to consult with his or her attorney before

 

giving consent.

 

     (5) After the case proceeds to adjudication or the juvenile is

 

found to be unable to regain competence, the court shall order all

 


of the reports that are submitted according to sections 1062 to

 

1068 to be sealed. The court may order that the reports be opened

 

only as follows:

 

     (a) For further competency or criminal responsibility

 

evaluations.

 

     (b) For statistical analysis.

 

     (c) If the records are considered to be necessary to assist in

 

mental health treatment ordered under this act.

 

     (d) For data gathering.

 

     (e) For scientific study or other legitimate research.

 

     (6) If the court orders reports to be open for the purposes of

 

statistical analysis, data gathering, or scientific study according

 

to subsection (5), the reports shall remain confidential.

 

     (7) Any statement that a juvenile makes during a competency

 

evaluation, or any evidence resulting from that statement, is not

 

subject to disclosure.

 

     Sec. 1072. (1) Not later than 18 months after the effective

 

date of the amendatory act that added this section, the department

 

shall review and endorse a training program for juvenile forensic

 

mental health examiners who provide juvenile competency exams. A

 

psychiatrist or psychologist may, but is not required to, seek

 

certification under the program established under this section.

 

     (2) The department may make adaptations or adjustments to the

 

endorsed training program described under subsection (1) based on

 

research and best practices.

 

     Sec. 1074. (1) If the juvenile is incompetent to proceed, but

 

the court finds that the juvenile may be restored to competency in

 


the foreseeable future, 1 of the following applies:

 

     (a) If the offense is a traffic offense or a misdemeanor other

 

than a serious misdemeanor, the matter shall be dismissed.

 

     (b) If the offense is a serious misdemeanor, the court may

 

dismiss the matter or suspend the proceedings against the juvenile.

 

     (c) If the offense is a felony, the proceedings against the

 

juvenile shall be further suspended.

 

     (2) If proceedings are suspended because the juvenile is

 

incompetent to proceed but the court finds that the juvenile may be

 

restored to competency in the foreseeable future, all of the

 

following apply:

 

     (a) Before issuing a restoration order, the court shall hold a

 

hearing to determine the least restrictive environment for

 

completion of the restoration.

 

     (b) The court may issue a restoration order that is valid for

 

60 days from the date of the initial finding of incompetency or

 

until 1 of the following occurs, whichever occurs first:

 

     (i) The qualified forensic mental health examiner, based on

 

information provided by the qualified restoration provider, submits

 

a report that the juvenile has regained competency or that there is

 

no substantial probability that the juvenile will regain competency

 

within the period of the order.

 

     (ii) The charges are dismissed.

 

     (iii) The juvenile reaches 18 years of age.

 

     (c) Following issuance of the restoration order, the qualified

 

restoration provider shall submit a report to the court and the

 

qualified forensic mental health examiner that includes the

 


information required under section 1066. The report shall be

 

submitted to the court and the qualified forensic mental health

 

examiner every 30 days, or sooner if and at the time either of the

 

following occurs:

 

     (i) The qualified restoration provider determines that the

 

juvenile is no longer incompetent to proceed.

 

     (ii) The qualified restoration provider determines that there

 

is no substantial probability that the juvenile will be competent

 

to proceed within the period of the order.

 

     (3) Not later than 14 days before the expiration of the

 

initial 60-day order, the qualified restoration provider may

 

recommend to the court and the qualified forensic mental health

 

examiner that the restoration order be renewed by the court for

 

another 60 days, if there is a substantial probability that the

 

juvenile will not be incompetent to proceed within the period of

 

that renewed restoration order. The restoration order and any

 

renewed restoration order shall not exceed a total of 120 days.

 

     (4) Except as otherwise provided in this section, upon receipt

 

of a report that there is a substantial probability that the

 

juvenile will remain incompetent to proceed for the foreseeable

 

future or within the period of the restoration order, the court

 

shall do both of the following:

 

     (a) Determine custody of the juvenile as follows:

 

     (i) The court may direct that civil commitment proceedings be

 

initiated, as allowed under section 498d.

 

     (ii) If the court determines that commitment proceedings are

 

inappropriate, the juvenile shall be released to the juvenile's

 


House Bill No. 4555 (H-3) as amended November 29, 2012

parent, legal guardian, or legal custodian under conditions

 

considered appropriate to the court.

 

     (b) Dismiss the charges against the juvenile.

 

     (5) Upon receipt of a report from a qualified forensic mental

 

health examiner that there is a substantial probability that the

 

juvenile is unable to be restored due to serious emotional

 

disturbance, the court may in its discretion, except as provided

 

under the youth rehabilitation services act, 1974 PA 150, MCL

 

803.301 to 803.309, order that mental health services be provided

 

to the juvenile by the department, [subject to the availability of

 inpatient care,] a community mental health

 

services program, the department of human services, a county

 

department of human services, or another appropriate mental health

 

services provider for a period not to exceed 60 days. The court

 

shall retain jurisdiction over the juvenile throughout the duration

 

of the order. The entity ordered to provide services under this

 

subsection shall continue to provide services for the duration of

 

the period of treatment ordered by the court.

 

     (6) Not later than 14 days before the expiration of an order

 

for treatment under this subsection or subsection (5), the entity

 

providing mental health services under that order shall submit a

 

report to the court and the qualified forensic mental health

 

examiner regarding the juvenile. Upon receipt of the report, the

 

court shall review the report and do either of the following:

 

     (a) Renew the order for another period of treatment not to

 

exceed 60 days. The order for treatment and any renewed order shall

 

not exceed a total of 120 days.

 

     (b) Determine custody of the juvenile and dismiss the charges

 


against the juvenile.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 246 of the 96th Legislature is enacted into

 

law.