Bill Text: MI HB5745 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Children; foster care; continued court jurisdiction in certain foster care guardianship cases; allow. Amends secs. 1 & 2a, ch. XIIA of 1939 PA 288 (MCL 712A.1 & 712A.2a).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-12-31 - Assigned Pa 533'14 With Immediate Effect 2014 Addenda [HB5745 Detail]
Download: Michigan-2013-HB5745-Engrossed.html
HB-5745, As Passed Senate, December 17, 2014
HOUSE BILL No. 5745
September 9, 2014, Introduced by Reps. Jenkins and Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 1 and 2a of chapter XIIA (MCL 712A.1 and
712A.2a), section 1 as amended by 2012 PA 541 and section 2a as
amended by 2011 PA 226.
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 human services. A
reference in this chapter to the "department of social welfare" or
the "family independence agency" means the department of human
services.
(g) (f)
"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) (g)
"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) (h)
"Juvenile" means a person
who is less than 17 years of
age who is the subject of a delinquency petition.
(j) (i)
"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) (j)
"Licensed child caring
institution" means a child
caring institution as defined and licensed under 1973 PA 116, MCL
722.111 to 722.128.
(l) (k)
"MCI" means the Michigan
children's institute created
and established by 1935 PA 220, MCL 400.201 to 400.214.
(m) (l) "Mental
health code" means the mental health code, 1974
PA 258, MCL 330.1001 to 330.2106.
(n) (m)
"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) (n)
"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 18 months after the effective date of
the
amendatory
act that added section 1072 of the mental health code,
September 28, 2014, 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) (o)
"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) (p)
"Restoration" means the
process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
(r) (q)
"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.
(s) (r)
"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. 2a. (1) Except as otherwise provided in this section, if
the court has exercised jurisdiction over a juvenile under section
2(a) or (b) of this chapter, jurisdiction shall continue for a
period of 2 years beyond the maximum age of jurisdiction conferred
under section 2 of this chapter, unless the juvenile is released
sooner by court order.
(2) If the department files a report with the court under
section 15 of the young adult voluntary foster care act, 2011 PA
225, MCL 400.655, the court shall determine whether it is in the
youth's best interests to continue in voluntary foster care within
21 days of the filing of the report. A hearing is not required
under this subsection, but may be held on the court's own motion or
at the request of the youth or the department.
(3) If the court finds that the voluntary foster care
agreement is in the youth's best interests, the court shall issue
an order containing individualized findings to support its
determinations made under subsection (2) and close the case in
accordance with section 19 of the young adult voluntary foster care
act, 2011 PA 225, MCL 400.659. The individualized findings shall be
based on the department's written report and other materials and
information submitted to the court.
(4) If the court has appointed a guardian under section 19a or
19c of this chapter for a youth age 16 or older, the court shall
retain jurisdiction of the youth until the department determines
the youth's eligibility to receive extended guardianship assistance
under the young adult voluntary foster care act, 2011 PA 225, MCL
400.641 to 400.671, that shall be completed within 120 days of the
youth's eighteenth birthday. If the department determines the youth
will receive extended guardianship assistance, the court shall
retain jurisdiction of the youth until that youth no longer
receives guardianship assistance.
(5) (4)
If the court has exercised
jurisdiction over a
juvenile under section 2(a)(1) of this chapter for an offense that,
if committed by an adult, would be a violation or attempted
violation of section 72, 83, 84, 86, 88, 89, 91, 110a(2), 186a,
316, 317, 349, 520b, 520c, 520d, 520g, 529, 529a, 530, or 531 of
the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83, 750.84,
750.86, 750.88, 750.89, 750.91, 750.110a, 750.186a, 750.316,
750.317, 750.349, 750.520b, 750.520c, 750.520d, 750.520g, 750.529,
750.529a, 750.530, and 750.531, or section 7401(2)(a)(i) or
7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401
and 333.7403, jurisdiction may be continued under section 18d of
this chapter until the juvenile is 21 years of age.
(6) (5)
If the court exercised jurisdiction
over a child under
section 2(h) of this chapter, jurisdiction of the court continues
until the order expires but action regarding the personal
protection
order after the respondent's eighteenth birthday shall
is
not be subject to this chapter.
(7) (6)
This section does not apply if the
juvenile is
sentenced to the jurisdiction of the department of corrections.
(8) (7)
As Except as provided in
subsection (9), as used in
this
chapter, "child", "juvenile", "minor", "youth", or any other
term signifying a person under the age of 18 applies to a person 18
years of age or older concerning whom proceedings are commenced in
the court under section 2 of this chapter and over whom the court
has
continuing jurisdiction under subsections (1) to (5).(6).
(9) For the purpose of this section only, "juvenile" applies
to a person 18 years of age or older concerning whom proceedings
are commenced in the court under section 2 of this chapter and over
whom the court has continuing jurisdiction under subsections (1) to
(6).
