April 14, 2011, Introduced by Reps. Lipton, Liss, Kowall, Santana, Bauer, Crawford, Irwin and Segal and referred to the Committee on Judiciary.
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 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 and 1060b 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:
(a) A psychiatrist or psychologist who possesses experience or
training in the following:
(i) Forensic evaluation procedures for juveniles.
(ii) Evaluation or 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 licensed master's social
worker or licensed professional counselor or limited license
psychologist who meets the certification requirements of the
program established by the department under section 1072.
(4) "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. 1060c. (1) "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.
(2) "Restoration" means the process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
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, or a juvenile, the juvenile's
attorney, or the prosecuting attorney may request, a competency
evaluation to determine whether the juvenile is incompetent to
proceed if the juvenile is being charged as a juvenile in the court.
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 as to who is 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 (2) does not limit, waive, or abrogate the work product
doctrine or the attorney-client privilege, and release of records
and information under subsection (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 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 deficiency. 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 mental disease
or defect, the prognosis, and the services needed and expertise
required to restore the juvenile to competency, if possible, within
a projected time frame. The opinion shall include an assessment of
whether the juvenile is a threat to self or others and requires
emergency intervention.
(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 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. Not later than 18 months after the effective date of
the amendatory act that added this section, the department, in
conjunction with the board of psychology, the board of counseling,
and the board of social work within the department, the Michigan
psychological association, the Michigan counseling association, and
the national association of social workers, Michigan chapter, shall
develop and implement a program to certify individuals as qualified
forensic mental health examiners. A psychiatrist or psychologist may,
but is not required to, seek certification under the program
established under this section.
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 alternative setting 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 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
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 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, 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.
(b) Determine custody of the juvenile and dismiss the charges
against the juvenile.
(7) A county may apply for reimbursement from the child care
fund created under section 117c of the social welfare act, 1939 PA
280, MCL 400.117c, for providing mental health services as ordered
by a court under this section.