Michigan Laws 600.1099e – Admission to juvenile mental health court; preadmission screening; confidentiality of information obtained from preadmission screening and assessment; criminal history contained in L.E.I.N
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 600.1099e
- Co-occurring disorder: means having 1 or more disorders relating to the use of alcohol or other controlled substances of abuse as well as any serious mental illness, serious emotional disturbance, or developmental disability. See Michigan Laws 600.1099b
- Developmental disability: means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 600.1099b
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Juvenile mental health court: means all of the following:
(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability. See Michigan Laws 600.1099bMental health professional: means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(i) A physician. See Michigan Laws 600.1099bSerious emotional disturbance: means that term as defined in section 100d of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 600.1099b Serious mental illness: means that term as defined in section 100d of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 600.1099b state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Violent offender: means a juvenile who is adjudicated on or has been, within the preceding 5 years, adjudicated on 1 or more of the following offenses:
(i) First degree murder. See Michigan Laws 600.1099b
(1) Each juvenile mental health court shall determine whether a juvenile may be admitted. No juvenile has a right to be admitted into a juvenile mental health court. Admission into a juvenile mental health court program is at the discretion of the court based on the juvenile’s legal and clinical eligibility. A court has the discretion to consider a juvenile’s prior participation or completion status in a juvenile mental health court. A juvenile may be admitted to juvenile mental health court, regardless of prior participation or prior completion status. However, a violent offender must not be admitted into juvenile mental health court.
(2) Admission to a juvenile mental health court does not disqualify a juvenile for any other dispositional options available under state law or court rule.
(3) To be admitted to a juvenile mental health court, a juvenile shall cooperate with and complete a preadmission screening and assessment and shall submit to any future assessment as directed by the juvenile mental health court. A preadmission screening and assessment must include all of the following:
(a) A review of the juvenile’s delinquency history. A review of the law enforcement information network may be considered sufficient for purposes of this subdivision unless a further review is warranted. The court may accept other verifiable and reliable information from the prosecution or defense to complete its review and may require the juvenile to submit a statement as to whether or not he or she has previously been admitted to a juvenile mental health court and the results of his or her participation in the prior program or programs.
(b) An assessment of the risk of danger or harm to the juvenile, others, and the community using standardized instruments that have acceptable reliability and validity.
(c) A mental health assessment, performed by a mental health professional, for an evaluation of a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.
(d) A review of the juvenile’s family situation, special needs, or circumstances that may potentially affect the juvenile’s ability to receive mental health or substance abuse treatment and follow the court’s orders, including input from family, caregivers, or other collateral supports.
(4) Except as otherwise permitted in this chapter, any statement or other information obtained as a result of participating in a preadmission screening and assessment under subsection (3) is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and must not be used in any future juvenile delinquency proceeding.
(5) The court may request that the department of state police provide to the court information contained in the law enforcement information network pertaining to a juvenile criminal history for the purposes of determining a juvenile’s eligibility for admission into the juvenile mental health court.