Michigan Laws 330.2064 – Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party’s expense; conduct in least restrictive environment
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 330.2064
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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 of an expert witness serving as 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.