Michigan Compiled Laws
288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32)
Section 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 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 juvenile forensic mental health examiner appointed by the court to determine the juvenile's mental condition shall be allowed reasonable fees for services rendered.
(4) The court shall report to the state court administrator the number of juveniles found to be incompetent to proceed.
History: Add. 2012, Act 541, Eff. Mar. 28, 2013 Popular Name: Probate CodePopular Name: Juvenile Code

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 701 - 713 - Probate Code

Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6)

288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32)

Section 712A.1 - Definitions; Proceedings Not as Criminal Proceedings; Construction of Chapter.

Section 712A.2 - Authority and Jurisdiction of Court.

Section 712A.2a - Continuing Jurisdiction Beyond Maximum Age; Voluntary Foster Care; Extended Guardianship Assistance; Jurisdiction Over Juvenile Committing Certain Violations; Juvenile Under Jurisdiction of Department of Corrections; Definitions.

Section 712A.2b - Violation of Vehicle Code or Corresponding Ordinance; Procedure.

Section 712A.2c - Court Order Authorizing Apprehension of Juvenile; Contents of Order; Interference With Execution of Order; Penalty.

Section 712A.2d - Juvenile to Be Tried as Adult; Designation by Prosecuting Attorney or Court; Factors; Probable Cause Hearing; Setting Case for Trial; Proceedings as Criminal Proceedings; Disposition or Imposition of Sentence; "Specified Juvenile Vi...

Section 712A.2e - Waiver of Jurisdiction Over Civil Infractions; Agreement.

Section 712A.2f - Jurisdiction Over Juvenile; Placement of Case on Consent Calendar; Maintenance in Nonpublic Manner; Conduct of Consent Calendar Conference; Issuance of Written Consent Calendar Case Plan; Order of Disposition in Case While on Consen...

Section 712A.3 - Criminal Charge Against Person Under Age 17 for Offense Occurring Before October 1, 2021 or Age 18 for Offense Occurring on or After October 1, 2021; Transfer of Case to Family Division of Circuit Court.

Section 712A.3a - Prior Order of Another Court Affecting Child's Welfare; Notice, Filing, Service, Disclosure.

Section 712A.4 - Waiver of Jurisdiction When Child of 14 or Older Accused of Felony.

Section 712A.5 - Jurisdiction Over Juvenile After 19 Years of Age.

Section 712A.6 - Jurisdiction; Adults.

Section 712A.6a - Hearing; Attendance by Parent or Guardian Required; Exception; Failure to Attend.

Section 712A.6b - Order Affecting Nonparent Adult.

Section 712A.7 - Juvenile Division of Probate Court; Register of Probate; Appointment, Duties, Salary.

Section 712A.8 - County Agent; Creation of Office; Duties; Assistants.

Section 712A.9 - Probation Officers; Appointment, Compensation, Duties; Notification to Social Welfare Office.

Section 712A.9a - Probation.

Section 712A.10 - Designation of Probation Officer or County Agent as Referee; Duties of Referee.

Section 712A.11 - Preliminary Inquiry; Petition; Effect of Juvenile Attaining Eighteenth Birthday; Biometric Data; Amendment of Petition or Other Court Record; Offer of Court Services.

Section 712A.12 - Examination of Child; Hearing; Summons.

Section 712A.13 - Service of Summons.

Section 712A.13a - Definitions; Petition; Release of Juvenile; Order Removing Abusive Person From Home; Placement of Child; Foster Care; Conditions; Duty of Court to Inform Parties; Criminal Record Check and Central Registry Clearance; Family-Like Se...

Section 712A.13b - Change in Foster Care Placement.

Section 712A.14 - Officers or County Agent Authorized to Take Child Into Custody; Notice; Jail or Detention Facility; Release of Child; Preliminary Hearing; Order; Placement of Child; Foster Care Home Services.

Section 712A.14a - Immediate Removal of Child Without Court Order; Conditions; Placement Order Pending Preliminary Hearing; Issuance of Placement Order by Designated Judge or Referee; "Officer" Defined.

Section 712A.14b - Ex Parte Order Authorizing Immediate Protective Custody of Child.

Section 712A.15 - Detention of Child Pending Hearing; Release of Child; Petition; Limitation on Custody of Child Pending Hearing; Detention in Secure Facility, Cell, or Other Secure Area Designed to Incarcerate Adults; Exception.

Section 712A.16 - Detention and Care of Juvenile.

Section 712A.16a - Repealed. 1963, Act 214, Imd. Eff. May 17, 1963.

Section 712A.17 - Hearing; Informality; Adjournment; Transcript; Jury; Giving Security for Appearance of Juvenile; Appearance by Prosecuting Attorney; Legal Consultant or Legal Representation; Admitting Foster Care Review Board Member to Hearing; Clo...

Section 712A.17a - Hearing; Record; Transcription.

Section 712A.17b - Definitions; Proceedings to Which Section Applicable; Use of Dolls or Mannequins; Support Person; Notice; Videorecorded Statement; Shielding of Witness; Videorecorded Deposition; Special Arrangements to Protect Welfare of Witness;...

Section 712A.17c - Advising Child or Respondent of Right to Attorney; Appointment of Attorney; Waiver; Appointment of Lawyer-Guardian Ad Litem; Costs; Service Until Discharged by Court; Assistance to Court.

Section 712A.17d - Lawyer-Guardian Ad Litem; Powers and Duties.

Section 712A.18 - Orders of Disposition; Reimbursement; Guidelines; Restitution; Condition of Probation; Revocation or Alteration of Terms and Conditions; Community Service; Biometric Data; Fingerprints; Report to Department of State Police; Payment...

Section 712A.18a - Placement or Commitment of Ward of the Court to Out-of-State Institutions.

Section 712A.18b - Reimbursement Order; Failure to Comply, Contempt of Court; Assignment of Wages.

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.

Section 712A.18d - Juvenile Committed Under MCL 712a.18(1)(e); Review Hearing; Burden of Proof; Determination; Notice; Legal Counsel; Costs; Commitment Reports; Section Nonapplicable to Juvenile Convicted of Crime Under Chapter.

Section 712A.18e - Application for Entry of Order Setting Aside Adjudication; Filing; Contents; Hearing; Submitting Copy of Application and Fingerprints; Report; Serving Copy of Application on Attorney General and Prosecuting Attorney; Contesting App...

Section 712A.18f - Report; Preparation and Contents of Case Service Plan; Order of Disposition; Updating and Revising Case Service Plan; Rules; Review by Child's Physician in Case of Abuse and Neglect; Testimony.

Section 712A.18g - Commitment Under MCL 712a.18(1)(e).

Section 712A.18h - Commitment to Department of Corrections Prohibited; Exception.

Section 712A.18i - Delay in Sentencing.

Section 712A.18j - Escape by Juvenile From Facility or Residence; Notification; “Escape” Defined.

Section 712A.18k - DNA Identification Profiling; Providing Samples for Chemical Testing; Assessment; Forwarding to Department of State Police; Definitions.

Section 712A.18l - Evaluation of Juvenile for Psychiatric or Psychological Treatment; Court Order.

Section 712A.18m - Payment of Costs; Minimum Amounts; Disposition; Definitions.

Section 712A.18n - Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding; Record.

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.

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.

Section 712A.18q - Competency Hearing.

Section 712A.18r - Competency Evaluations; Self-Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure.

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; R...

Section 712A.18t - Automatic Expungements; Exceptions; Notification; Nonpublic Record; Disclosure; Violation; Misdemeanor; Implementation.

Section 712A.19 - Termination of Cause; Supplemental Order of Disposition; Review Hearing; Notice of Review Hearing; Factors to Be Reviewed; Modification of Case Service Plan; Determination as to Placement; Order; Determination as to Review; Issuance...

Section 712A.19a - Permanency Planning Hearing; Conditions; Time Limitation; Reunion of Child and Family Not Required; Purpose; Obtaining Child's Views Regarding Permanency Plan; Consideration of Out-of-State Placement; Notice; Statement; Return of C...

Section 712A.19b - Termination of Parental Rights to Child; Petition; Hearing; Record; Findings; Opinion or Order; Notice of Hearing; Suspension of Parenting Time; Grounds for Termination; "Concerned Person" Defined.

Section 712A.19c - Review Hearing of Child's Placement After Termination of Parental Rights; Appointment of Guardian; Applicability of Section.

Section 712A.20 - Temporary or Permanent Custody.

Section 712A.21 - Petition for Rehearing; Affirming, Modifying, or Setting Aside Order; Conduct of Rehearing; Order for Supplemental Disposition; Applicability of Section to Criminal Proceeding; “Interested Person” Construed.

Section 712A.22 - Annual Report.

Section 712A.23 - Use of Evidence Against Juvenile.

Section 712A.24 - Placement in Institutions; Summary of Information; Conveyance of Child; Progress Report.

Section 712A.25 - Payment of Expenses.

Section 712A.26 - Contempt of Court; Punishment.

Section 712A.27 - Quarters, Equipment and Supplies for Use of Juvenile Division.

Section 712A.28 - Case Records; Opening Records; Order in Respect to Payments by Parent; Copy; Publicizing Action Taken Against Parents or Adult; Administration of Court; Reports; Form; Copies; Definitions.

Section 712A.29 - Allocation and Application of Money Collected; “Victim Payment” Defined.

Section 712A.30 - “Offense” and “Victim” Defined; Order of Restitution.

Section 712A.31 - Determining Amount of Restitution; Factors in Disposition Report; Disclosure of Matters Described in Subsection (1); Burden of Demonstrating Amount or Type of Restitution.

Section 712A.32 - Order to Appear for Identification; Notice of Right to Attorney; Appointment of Attorney.