Section 712A.18n – Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding; Record.
712A.18n Competency of juvenile; presumption; order to determine competency during proceeding; record. Sec. 18n. (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 […]
Section 712A.18o – Competency Evaluation; Conduct by Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations at Party’s Expense; Conduct in Least Restrictive Environment.
712A.18o Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party’s expense; conduct in least restrictive environment. Sec. 18o. (1) A competency evaluation ordered under section 18n of this chapter shall be conducted by a qualified juvenile forensic mental health examiner. The qualified juvenile forensic mental health examiner shall provide […]
Section 712A.18p – Providing Information Relating to Competency; Submission of Report by Qualified Forensic Mental Health Examiner; Extension; Copies of Report to Be Provided to Certain Individuals.
712A.18p Providing information relating to competency; submission of report by qualified forensic mental health examiner; extension; copies of report to be provided to certain individuals. Sec. 18p. (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 […]
Section 712A.18q – Competency Hearing.
712A.18q Competency hearing. Sec. 18q. (1) Not later than 30 days after a report is filed under section 18p of this chapter, 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 […]
Section 712A.18r – Competency Evaluations; Self-Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure.
712A.18r Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure. Sec. 18r. (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. […]
Section 712A.18s – Court Finding That Juvenile May Be Restored to Competency in Foreseeable Future; Restoration Order; Renewal; Report That Substantial Probability That Juvenile Will Remain Incompetent; Actions of Court; Order to Provide Treatment; Report From Entity Providing Services; Duties of Court; Record.
712A.18s Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court; order to provide treatment; report from entity providing services; duties of court; record. Sec. 18s. (1) If the juvenile is incompetent to proceed but the court finds […]
Section 712A.18t – Automatic Expungements; Exceptions; Notification; Nonpublic Record; Disclosure; Violation; Misdemeanor; Implementation.
712A.18t Automatic expungements; exceptions; notification; nonpublic record; disclosure; violation; misdemeanor; implementation. Sec. 18t. (1) Except as otherwise provided in this section, beginning 2 years after the effective date of the amendatory act that added this section, an adjudication is set aside under this section without filing an application under section 18e of this chapter 2 […]
Section 712A.18a – Placement or Commitment of Ward of the Court to Out-of-State Institutions.
712A.18a Placement or commitment of ward of the court to out-of-state institutions. Sec. 18a. If desirable or necessary, the court may place a ward of the court in or commit a ward of the court to a private institution or agency incorporated under the laws of another state and approved or licensed by that state’s […]
Section 712A.18b – Reimbursement Order; Failure to Comply, Contempt of Court; Assignment of Wages.
712A.18b Reimbursement order; failure to comply, contempt of court; assignment of wages. Sec. 18b. Whenever the court under section 18 of this act enters a reimbursement order and the parent or other adult legally responsible for the care of the child fails or refuses to obey and perform the order, and has been found guilty […]
Section 712A.18c – Retention of Jurisdiction of Child Committed Under MCL 712a.18(1)(e); Effective Date of Subsection (2); Annual Review; Release of Child.
712A.18c Retention of jurisdiction of child committed under MCL 712A.18(1)(e); effective date of subsection (2); annual review; release of child. Sec. 18c. (1) If a child is committed under section 18(1)(e) of this chapter for an offense which, if committed by an adult, would be punishable by imprisonment for more than 1 year or an […]