Bill Text: MI HB5773 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Mental health; code; reference to department of community health, family independence agency, department of human services, department of mental health, and department of social services in the mental health code; update to department of health and human services. Amends secs. 100a, 142, 153, 209b, 241, 498d, 498h, 628, 748a, 778, 919, 922, 924, 938, 946, 1002a, 1004a, 1005f, 1006, 1026, 1032 & 1074 of 1974 PA 258 (MCL 330.1100a et seq.) & repeals secs. 102 & 1006a of 1974 PA 258 (MCL 330.1102 & 330.2006a).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-09-07 - Referred To Second Reading [HB5773 Detail]

Download: Michigan-2015-HB5773-Introduced.html

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HOUSE BILL No. 5773

July 13, 2016, Introduced by Reps. Inman, Kosowski, Heise, LaFontaine, Santana, Cox and Darany and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 100a, 142, 153, 209b, 241, 498d, 498h, 628,

 

748a, 778, 919, 922, 924, 938, 946, 1002a, 1004a, 1005f, 1006,

 

1026, 1032, and 1074 (MCL 330.1100a, 330.1142, 330.1153, 330.1209b,

 

330.1241, 330.1498d, 330.1498h, 330.1628, 330.1748a, 330.1778,

 

330.1919, 330.1922, 330.1924, 330.1938, 330.1946, 330.2002a,

 

330.2004a, 330.2005f, 330.2006, 330.2026, 330.2032, and 330.2074),

 

section 100a as amended by 2012 PA 500, sections 142, 153, 209b,

 

628, and 946 as amended and sections 241 and 778 as added by 1995

 

PA 290, sections 498d and 498h as amended and section 1074 as added

 

by 2012 PA 540, section 748a as added by 1998 PA 497, section 919

 

as added by 1995 PA 17, section 1004a as added and section 1005f as

 

amended by 1993 PA 252, and section 1006 as amended by 2014 PA 72;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 100a. (1) "Abilities" means the qualities, skills, and

 

competencies of an individual that reflect the individual's talents

 

and acquired proficiencies.

 

     (2) "Abuse" means nonaccidental physical or emotional harm to

 

a recipient, or sexual contact with or sexual penetration of a

 

recipient as those terms are defined in section 520a of the

 

Michigan penal code, 1931 PA 328, MCL 750.520a, that is committed

 

by an employee or volunteer of the department, a community mental

 

health services program, or a licensed hospital or by an employee

 

or volunteer of a service provider under contract with the

 

department, community mental health services program, or licensed

 

hospital.

 

     (3) "Adaptive skills" means skills in 1 or more of the

 

following areas:

 

     (a) Communication.

 

     (b) Self-care.

 

     (c) Home living.

 

     (d) Social skills.

 

     (e) Community use.

 

     (f) Self-direction.

 

     (g) Health and safety.

 

     (h) Functional academics.

 

     (i) Leisure.

 

     (j) Work.

 

     (4) "Adult foster care facility" means an adult foster care

facility licensed under the adult foster care facility licensing

 

act, 1979 PA 218, MCL 400.701 to 400.737.

 

     (5) "Alcohol and drug abuse counseling" means the act of

 

counseling, modification of substance use disorder related

 

behavior, and prevention techniques for individuals with substance

 

use disorder, their significant others, and individuals who could

 

potentially develop a substance use disorder.

 

     (6) "Applicant" means an individual or his or her legal

 

representative who makes a request for mental health services.

 

     (7) "Approved service program" means a substance use disorder

 

services program licensed under part 62 of the public health code,

 

1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use

 

disorder treatment and rehabilitation services by the department-

 

designated community mental health entity and approved by the

 

federal government to deliver a service or combination of services

 

for the treatment of incapacitated individuals.

 

     (8) "Assisted outpatient treatment" or "AOT" means the

 

categories of outpatient services ordered by the court under

 

section 433 or 469a. Assisted outpatient treatment includes case

 

management services to provide care coordination. Assisted

 

outpatient treatment may also include 1 or more of the following

 

categories of services: medication; periodic blood tests or

 

urinalysis to determine compliance with prescribed medications;

 

individual or group therapy; day or partial day programming

 

activities; vocational, educational, or self-help training or

 

activities; assertive community treatment team services; alcohol or

 

substance use disorder treatment and counseling and periodic tests

for the presence of alcohol or illegal drugs for an individual with

 

a history of alcohol abuse or substance use disorder; supervision

 

of living arrangements; and any other services within a local or

 

unified services plan developed under this act that are prescribed

 

to treat the individual's mental illness and to assist the

 

individual in living and functioning in the community or to attempt

 

to prevent a relapse or deterioration that may reasonably be

 

predicted to result in suicide, the need for hospitalization, or

 

serious violent behavior. The medical review and direction included

 

in an assisted outpatient treatment plan shall be provided under

 

the supervision of a psychiatrist.

 

     (9) "Board" means the governing body of a community mental

 

health services program.

 

     (10) "Board of commissioners" means a county board of

 

commissioners.

 

     (11) "Center" means a facility operated by the department to

 

admit individuals with developmental disabilities and provide

 

habilitation and treatment services.

 

     (12) "Certification" means formal approval of a program by the

 

department in accordance with standards developed or approved by

 

the department.

 

     (13) "Child abuse" and "child neglect" mean those terms as

 

defined in section 2 of the child protection law, 1975 PA 238, MCL

 

722.622.

 

     (14) "Child and adolescent psychiatrist" means 1 or more of

 

the following:

 

     (a) A physician who has completed a residency program in child

and adolescent psychiatry approved by the accreditation council

 

Accreditation Council for graduate medical education Graduate

 

Medical Education or the American osteopathic association,

 

Osteopathic Association, or who has completed 12 months of child

 

and adolescent psychiatric rotation and is enrolled in an approved

 

residency program as described in this subsection.

 

     (b) A psychiatrist employed by or under contract as a child

 

and adolescent psychiatrist with the department or a community

 

mental health services program on March 28, 1996, who has education

 

and clinical experience in the evaluation and treatment of children

 

or adolescents with serious emotional disturbance.

 

     (c) A psychiatrist who has education and clinical experience

 

in the evaluation and treatment of children or adolescents with

 

serious emotional disturbance who is approved by the director.

 

     (15) "Children's diagnostic and treatment service" means a

 

program operated by or under contract with a community mental

 

health services program, that provides examination, evaluation, and

 

referrals for minors, including emergency referrals, that provides

 

or facilitates treatment for minors, and that has been certified by

 

the department.

 

     (16) "Community mental health authority" means a separate

 

legal public governmental entity created under section 205 to

 

operate as a community mental health services program.

 

     (17) "Community mental health organization" means a community

 

mental health services program that is organized under the urban

 

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

 

124.512.

     (18) "Community mental health services program" means a

 

program operated under chapter 2 as a county community mental

 

health agency, a community mental health authority, or a community

 

mental health organization.

 

     (19) "Consent" means a written agreement executed by a

 

recipient, a minor recipient's parent, or a recipient's legal

 

representative with authority to execute a consent, or a verbal

 

agreement of a recipient that is witnessed and documented by an

 

individual other than the individual providing treatment.

 

     (20) "County community mental health agency" means an official

 

county or multicounty agency created under section 210 that

 

operates as a community mental health services program and that has

 

not elected to become a community mental health authority or a

 

community mental health organization.

 

     (21) "Department" means the department of community health and

 

human services.

 

     (22) "Department-designated community mental health entity"

 

means the community mental health authority, community mental

 

health organization, community mental health services program,

 

county community mental health agency, or community mental health

 

regional entity designated by the department to represent a region

 

of community mental health authorities, community mental health

 

organizations, community mental health services programs, or county

 

community mental health agencies.

 

     (23) "Dependent living setting" means all of the following:

 

     (a) An adult foster care facility.

 

     (b) A nursing home licensed under article 17 of the public

health code, 1978 PA 368, MCL 333.20101 to 333.22260.

 

     (c) A home for the aged licensed under article 17 of the

 

public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

 

     (24) "Designated representative" means any of the following:

 

     (a) A registered nurse or licensed practical nurse licensed or

 

otherwise authorized under part 172 of the public health code, 1978

 

PA 368, MCL 333.17201 to 333.17242.

 

     (b) A paramedic licensed or otherwise authorized under part

 

209 of the public health code, 1978 PA 368, MCL 333.20901 to

 

333.20979.

 

     (c) A physician's assistant licensed or otherwise authorized

 

under part 170 or 175 of the public health code, 1978 PA 368, MCL

 

333.17001 to 333.17084 and 333.17501 to 333.17556.

 

     (d) An individual qualified by education, training, and

 

experience who performs acts, tasks, or functions under the

 

supervision of a physician.

 

     (25) "Developmental disability" means either of the following:

 

     (a) If applied to an individual older than 5 years of age, a

 

severe, chronic condition that meets all of the following

 

requirements:

 

     (i) Is attributable to a mental or physical impairment or a

 

combination of mental and physical impairments.

 

     (ii) Is manifested before the individual is 22 years old.

 

     (iii) Is likely to continue indefinitely.

 

     (iv) Results in substantial functional limitations in 3 or

 

more of the following areas of major life activity:

 

     (A) Self-care.

     (B) Receptive and expressive language.

 

     (C) Learning.

 

     (D) Mobility.

 

     (E) Self-direction.

 

     (F) Capacity for independent living.

 

     (G) Economic self-sufficiency.

 

     (v) Reflects the individual's need for a combination and

 

sequence of special, interdisciplinary, or generic care, treatment,

 

or other services that are of lifelong or extended duration and are

 

individually planned and coordinated.

 

     (b) If applied to a minor from birth to 5 years of age, a

 

substantial developmental delay or a specific congenital or

 

acquired condition with a high probability of resulting in

 

developmental disability as defined in subdivision (a) if services

 

are not provided.

 

     (26) "Director" means the director of the department or his or

 

her designee.

 

     (27) "Discharge" means an absolute, unconditional release of

 

an individual from a facility by action of the facility or a court.

 

     (28) "Eligible minor" means an individual less than 18 years

 

of age who is recommended in the written report of a

 

multidisciplinary team under rules promulgated by the department of

 

education to be classified as 1 of the following:

 

     (a) Severely mentally impaired.

 

     (b) Severely multiply impaired.

 

     (c) Autistic impaired and receiving special education services

 

in a program designed for the autistic impaired under subsection

(1) of R 340.1758 of the Michigan administrative code

 

Administrative Code or in a program designed for the severely

 

mentally impaired or severely multiply impaired.

 

     (29) "Emergency situation" means a situation in which an

 

individual is experiencing a serious mental illness or a

 

developmental disability, or a minor is experiencing a serious

 

emotional disturbance, and 1 of the following applies:

 

     (a) The individual can reasonably be expected within the near

 

future to physically injure himself, herself, or another

 

individual, either intentionally or unintentionally.

 

     (b) The individual is unable to provide himself or herself

 

food, clothing, or shelter or to attend to basic physical

 

activities such as eating, toileting, bathing, grooming, dressing,

 

or ambulating, and this inability may lead in the near future to

 

harm to the individual or to another individual.

 

     (c) The individual's judgment is so impaired that he or she is

 

unable to understand the need for treatment and, in the opinion of

 

the mental health professional, his or her continued behavior as a

 

result of the mental illness, developmental disability, or

 

emotional disturbance can reasonably be expected in the near future

 

to result in physical harm to the individual or to another

 

individual.

 

     (30) "Executive director" means an individual appointed under

 

section 226 to direct a community mental health services program or

 

his or her designee.

 

     Sec. 142. The governing body of a facility licensed under

 

sections 134 through 150 shall certify to the department of mental

health licensing and regulatory affairs that its policies,

 

procedures, and practices are consistent with the Americans with

 

disabilities act of 1990, Public Law 101-336, 104 Stat. Stat 327,

 

the rehabilitation act of 1973, Public Law 93-112, 87 Stat. Stat

 

355, the Elliott-Larsen civil rights act, Act No. 453 of the Public

 

Acts of 1976, being sections 37.2101 to 37.2804 of the Michigan

 

Compiled Laws, 1976 PA 453, MCL 37.2101 to 37.2804, and the

 

Michigan handicappers' persons with disabilities civil rights act,

 

Act No. 220 of the Public Acts of 1976, being sections 37.1101 to

 

37.1607 of the Michigan Compiled Laws. 1976 PA 220, MCL 37.1101 to

 

37.1607. The governing body shall direct the administrator of the

 

facility to take such action as is necessary to assure ensure that

 

the facility adheres to all of the nondiscriminatory laws described

 

in this section.

 

     Sec. 153. (1) Subject to section 114a, the department shall

 

promulgate rules for the placement of adults who have serious

 

mental illness or developmental disability into community based

 

dependent living settings by department agencies, community mental

 

health services programs, and by agencies under contract to the

 

department or to a community mental health services program. The

 

rules shall include, but not be limited to, the criteria to be used

 

to determine a suitable placement and the specific agencies

 

responsible for making decisions regarding a placement.

 

     (2) Subject to section 114a, the department of licensing and

 

regulatory affairs shall promulgate rules for the certification of

 

specialized programs offered in an adult foster care facility to

 

individuals with serious mental illness or developmental

disability. The rules shall provide for an administrative appeal to

 

the department of licensing and regulatory affairs of a denial or

 

limitation of the terms of certification under chapter 4 of the

 

administrative procedures act of 1969, Act No. 306 of the Public

 

Acts of 1969, being sections 24.271 to 24.287 of the Michigan

 

Compiled Laws.1969 PA 306, MCL 24.271 to 24.287.

 

     (3) Upon receipt of a request from an adult foster care

 

facility for certification of a specialized program, the department

 

of licensing and regulatory affairs shall inspect the facility to

 

determine whether the proposed specialized program conforms with

 

the requirements of this section and rules promulgated under this

 

section. The department of licensing and regulatory affairs shall

 

provide the department of social services with an inspection report

 

and a certification, denial of certification, revocation, or

 

certification with limited terms for the proposed specialized

 

program. The department of licensing and regulatory affairs shall

 

reinspect a certified specialized program not less than once

 

biennially and notify the department of social services in the same

 

manner as for the initial certification. In carrying out this

 

subsection, the department of licensing and regulatory affairs or

 

the department may contract with a community mental health services

 

program or any other agency.

 

     (4) This section does not prevent licensure of an adult foster

 

care facility or the placement of individuals with serious mental

 

illness or developmental disability into community based dependent

 

living settings pending the promulgation by the department of

 

licensing and regulatory affairs of rules under subsection (1) or

(2).

 

     Sec. 209b. (1) Before an individual is placed in a supervised

 

community living arrangement, such as a foster home, group care

 

home, nursing home, or other community-based setting, the

 

prerelease or postrelease planning for the individual shall involve

 

the individual, the individual's legal guardian if a guardian has

 

been appointed; any family member, friend, advocate, and

 

professional the recipient chooses; the parents of a minor

 

individual; the state facility or licensed hospital; the

 

residential care provider, if such a residential care provider has

 

been selected; and, with the consent of the individual, the

 

appropriate local and intermediate school systems and the

 

department, of social services, if appropriate. In each case, the

 

community mental health services program shall produce in writing a

 

plan for community placement and aftercare services that is

 

sufficient to meet the needs of the individual and shall document

 

any lack of available community services necessary to implement the

 

plan.

 

     (2) Each community mental health services program, as

 

requested, shall send to the department aggregate data , which

 

includes that include a list of services that could not be provided

 

but that were indicated on prerelease or postrelease plans. , but

 

which could not be provided.

 

     Sec. 241. Expenditures for the maintenance and repair of adult

 

foster care facilities owned or leased by a community mental health

 

services program are eligible for state financial support. Expenses

 

incurred in renovating an adult foster care facility that is leased

or owned by a community mental health services program are also

 

eligible for state financial support if the expenses are incurred

 

for 1 or more of the following purposes:

 

     (a) To correct physical plant deficiencies cited by the

 

department of social services licensing and regulatory affairs

 

under state licensing rules.

 

     (b) To purchase and install fire safety equipment or make

 

physical plant changes that measurably assure ensure a reasonable

 

level of fire protection for all of the residents who live in the

 

facility.

 

     (c) To correct physical plant deficiencies in accordance with

 

state and federal certification standards.

 

     (d) To restore the facility to its prelease condition, if the

 

facility's lease contains a clause stipulating that renovation is

 

the lessee's responsibility at the time the lease expires or is

 

terminated.

 

     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 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 department of human services may request

 

hospitalization of a minor who is committed to the department of

 

human services under 1935 PA 220, MCL 400.201 to 400.214.

 

     (3) As applicable, the 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 the probate

 

code of 1939, 1939 PA 288, MCL 710.21 to 710.70 and 712A.1 to

 

712A.32, if the department of human services or county juvenile

 

agency is specifically empowered to do so by court order.

 

     (b) Committed to the 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. 498h. (1) 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 700.8206, 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. 628. (1) The court may appoint as guardian of an

 

individual with a developmental disability any suitable individual

 

or agency, public or private, including a private association

 

capable of conducting an active guardianship program for an

individual with a developmental disability. The court shall not

 

appoint the department of mental health as guardian or any other

 

agency, public or private, that is directly providing services to

 

the individual, unless no other suitable individual or agency can

 

be identified. In such instances, guardianship by the provider

 

shall only continue until such the time as that a more suitable

 

individual or agency can be appointed.

 

     (2) Before the appointment, the court shall make a reasonable

 

effort to question the individual concerning his or her preference

 

regarding the person to be appointed guardian, and any preference

 

indicated shall be given due consideration.

 

     Sec. 748a. (1) If there is a compelling need for mental health

 

records or information to determine whether child abuse or child

 

neglect has occurred or to take action to protect a minor where

 

there may be a substantial risk of harm, a family independence

 

agency department caseworker or administrator directly involved in

 

the child abuse or child neglect investigation shall notify a

 

mental health professional that a child abuse or child neglect

 

investigation has been initiated involving a person who has

 

received services from the mental health professional and shall

 

request in writing mental health records and information that are

 

pertinent to that investigation. Upon receipt of this notification

 

and request, the mental health professional shall review all mental

 

health records and information in the mental health professional's

 

possession to determine if there are mental health records or

 

information that is pertinent to that investigation. Within 14 days

 

after receipt of a request made under this subsection, the mental

health professional shall release those pertinent mental health

 

records and information to the caseworker or administrator directly

 

involved in the child abuse or child neglect investigation.

 

     (2) The following privileges do not apply to mental health

 

records or information to which access is given under this section:

 

     (a) The physician-patient privilege created in section 2157 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.2157.

 

     (b) The dentist-patient privilege created in section 16648 of

 

the public health code, 1978 PA 368, MCL 333.16648.

 

     (c) The licensed professional counselor-client and limited

 

licensed counselor-client privilege created in section 18117 of the

 

public health code, 1978 PA 368, MCL 333.18117.

 

     (d) The psychologist-patient privilege created in section

 

18237 of the public health code, 1978 PA 368, MCL 333.18237.

 

     (e) Any other health professional-patient privilege created or

 

recognized by law.

 

     (3) To the extent not protected by the immunity conferred by

 

1964 PA 170, MCL 691.1401 to 691.1415, an individual who in good

 

faith gives access to mental health records or information under

 

this section is immune from civil or administrative liability

 

arising from that conduct, unless the conduct was gross negligence

 

or willful and wanton misconduct.

 

     (4) A duty under this act relating to child abuse and child

 

neglect does not alter a duty imposed under another statute,

 

including the child protection law, 1975 PA 238, MCL 722.621 to

 

722.638, regarding the reporting or investigation of child abuse or

 

child neglect.

     Sec. 778. (1) The office shall initiate investigation of

 

apparent or suspected rights violations in a timely and efficient

 

manner. Subject to delays involving pending action by external

 

agencies as described in subsection (5), the office shall complete

 

the investigation not later than 90 days after it receives the

 

rights complaint. Investigation shall be initiated immediately in

 

cases involving alleged abuse, neglect, serious injury, or death of

 

a recipient involving an apparent or suspected rights violation.

 

     (2) Investigation activities for each rights complaint shall

 

be accurately recorded by the office.

 

     (3) The office shall determine whether a right was violated by

 

using the preponderance of the evidence as its standard of proof.

 

     (4) The office shall issue a written status report every 30

 

calendar days during the course of the investigation. The report

 

shall be submitted to the complainant, the respondent, and the

 

responsible mental health agency. A status report shall include all

 

of the following:

 

     (a) Statement of the allegations.

 

     (b) Statement of the issues involved.

 

     (c) Citations to relevant provisions of this act, rules,

 

policies, and guidelines.

 

     (d) Investigative progress to date.

 

     (e) Expected date for completion of the investigation.

 

     (5) Upon completion of the investigation, the office shall

 

submit a written investigative report to the respondent and to the

 

responsible mental health agency. Issuance of the written

 

investigative report may be delayed pending completion of

investigations that involve external agencies, including law

 

enforcement agencies and the department. of social services. The

 

report shall include all of the following:

 

     (a) Statement of the allegations.

 

     (b) Statement of the issues involved.

 

     (c) Citations to relevant provisions of this act, rules,

 

policies, and guidelines.

 

     (d) Investigative findings.

 

     (e) Conclusions.

 

     (f) Recommendations, if any.

 

     (6) A rights investigation may be reopened or reinvestigated

 

by the office if there is new evidence that was not presented at

 

the time of the investigation.

 

     Sec. 919. (1) As used in this section:

 

     (a) "County program" means a county community mental health

 

program.

 

     (b) "Department" means the department of mental health.

 

     (b) (c) "Individual" means an individual requiring mental

 

health treatment services.

 

     (c) (d) "Receiving agency" means a public or private agency or

 

county program that, under this section, provides treatment to

 

individuals from a state other than the state in which the agency

 

or county program is located.

 

     (d) (e) "Receiving state" means the state in which a receiving

 

agency is located.

 

     (e) (f) "Sending agency" means a public or private agency

 

located in a state that sends an individual to another state for

treatment under this section.

 

     (f) (g) "Sending state" means the state in which a sending

 

agency is located.

 

     (2) A county program may contract as provided under this

 

section with a public or private agency located in a state

 

bordering Michigan this state to secure services under this act for

 

an individual who receives services through the county program.

 

     (3) A county program may contract as provided under this

 

section with a public or private agency located in a state

 

bordering Michigan this state to provide services under this act in

 

an approved treatment facility in this state for an individual who

 

is a resident of the bordering state, except that such the services

 

may not be provided for an individual who is involved in criminal

 

proceedings.

 

     (4) A contract entered into under this section may not be

 

validly executed until the department has reviewed and approved the

 

provisions of the contract and determined that the receiving agency

 

provides services in accordance with the standards of this state

 

and the attorney general has certified that the receiving state's

 

laws governing patient rights are substantially similar to those of

 

this state.

 

     (5) An individual does not establish legal residence in the

 

state where the receiving agency is located while the individual is

 

receiving services pursuant according to a contract executed under

 

this section.

 

     (6) Section 748 applies to treatment records of an individual

 

receiving services pursuant according to a contract executed under

this section through a receiving agency in this state, except that

 

the sending agency has the same right of access to the treatment

 

records of the individual as provided for the department under

 

section 748(4)(e).

 

     (7) An individual who is detained, committed, or placed on an

 

involuntary basis under this act may be admitted and treated in

 

another state pursuant according to a contract executed under this

 

section. An individual who is detained, committed, or placed under

 

the civil law of a state bordering Michigan this state may be

 

admitted and treated in this state pursuant according to a contract

 

executed under this section. Court orders valid under the law of

 

the sending state are granted recognition and reciprocity in the

 

receiving state for individuals covered by a contract executed

 

under this section to the extent that the court orders relate to

 

admission for the treatment or care of a mental disability. The

 

court orders are not subject to legal challenge in the courts of

 

the receiving state. An individual who is detained, committed, or

 

placed under the law of a sending state and who is transferred to a

 

receiving state under this section continues to be in the legal

 

custody of the authority responsible for the individual under the

 

law of the sending state. Except in an emergency, such an the

 

individual may not be transferred, removed, or furloughed from a

 

facility of the receiving agency without the specific approval of

 

the authority responsible for the individual under the law of the

 

sending state.

 

     (8) While in the receiving state pursuant according to a

 

contract executed under this section, an individual is subject to

all of the laws and regulations applicable to an individual

 

detained, committed, or placed pursuant according to the

 

corresponding laws of the receiving state, except those laws and

 

regulations of the receiving state pertaining to length of

 

involuntary inpatient treatment, reexaminations, and extensions of

 

involuntary inpatient treatment and except as otherwise provided by

 

this section. The laws and regulations of the sending state

 

relating to length of involuntary inpatient treatment,

 

reexaminations, and extensions of involuntary inpatient treatment

 

apply. An individual shall not be sent to another state pursuant

 

according to a contract executed under this section until the

 

receiving state has enacted a law recognizing the validity and

 

applicability of this state's laws as provided in this section.

 

     (9) If an individual receiving treatment on a voluntary basis

 

pursuant according to a contract executed under this section

 

requests discharge, the receiving agency shall immediately notify

 

the sending agency and shall return the individual to the sending

 

state as directed by the sending agency within 48 hours after the

 

request, excluding Saturdays, Sundays, and legal holidays, unless

 

other arrangements are made with the sending agency. The sending

 

agency shall immediately upon return of the individual either

 

arrange for the discharge of the individual or detain the

 

individual pursuant according to the emergency detention laws of

 

the sending state.

 

     (10) If an individual receiving services pursuant according to

 

a contract executed under this section leaves the receiving agency

 

without authorization and the individual at the time of the

unauthorized leave is subject to involuntary inpatient treatment

 

under the laws of the sending state, the receiving agency shall use

 

all reasonable means to locate and return the individual. The

 

receiving agency shall immediately report the unauthorized leave of

 

absence to the sending agency. The receiving state has the primary

 

responsibility for, and the authority to direct, the return of

 

individuals within its borders and is liable for the cost of such

 

that action to the extent that it would be liable for costs if an

 

individual who is a resident of the receiving state left without

 

authorization.

 

     (11) An individual may be transferred between facilities of

 

the receiving state if transfers are permitted by the contract

 

executed under this section providing for the individual's care.

 

     (12) Each contract executed under this section shall do all of

 

the following:

 

     (a) Establish the responsibility for payment for each service

 

to be provided under the contract. Charges to the sending state

 

shall not be more or less than the actual cost of providing the

 

service.

 

     (b) Establish the responsibility for the transportation of

 

individuals to and from receiving agencies.

 

     (c) Provide for reports by the receiving agency to the sending

 

agency on the condition of each individual covered by the contract.

 

     (d) Provide for arbitration of disputes arising out of the

 

contract that cannot be settled through discussion between the

 

contracting parties and specify how the arbitrators will be chosen.

 

     (e) Include provisions ensuring the nondiscriminatory

treatment, as required by law, of employees, individuals receiving

 

services, and applicants for employment and services.

 

     (f) Establish the responsibility for providing legal

 

representation for an individual receiving services in a legal

 

proceeding involving the legality of admission and the conditions

 

of involuntary inpatient treatment.

 

     (g) Establish the responsibility for providing legal

 

representation for an employee of a contracting party in legal

 

proceedings initiated by an individual receiving treatment pursuant

 

to the contract.

 

     (h) Include provisions concerning the length of the contract

 

and the means by which the contract can be terminated.

 

     (i) Establish the right of 1 or more qualified employees or

 

representatives of the sending agency and sending state to inspect,

 

at all reasonable times, the records of the receiving agency and

 

its treatment facilities to determine if appropriate standards of

 

care are met for individuals receiving services under the contract.

 

     (j) Require the sending agency to provide the receiving agency

 

with copies of all relevant legal documents authorizing involuntary

 

inpatient treatment of an individual who is admitted pursuant to

 

under the laws of the sending state and is receiving services

 

pursuant according to a contract executed under this section.

 

     (k) Require each individual who seeks treatment on a voluntary

 

basis to agree in writing to be returned to the sending state upon

 

making a request for discharge as provided in subsection (9) and

 

require an agent or employee of the sending agency to certify that

 

the individual understands that agreement.

     (l) Establish the responsibility for securing a reexamination

 

for an individual and for extending an individual's period of

 

involuntary inpatient treatment.

 

     (m) Include provisions specifying when a receiving facility

 

can refuse to admit or retain an individual.

 

     (n) Specify the circumstances under which an individual will

 

be permitted a home visit or granted a pass to leave the facility,

 

or both.

 

     Sec. 922. The director of the department, of mental health, or

 

a duly authorized agent designated by him or her in writing to the

 

governor, shall perform the duties of the compact administrator

 

who, acting jointly with like officers of other states, shall

 

promulgate rules and adopt procedures to carry out more effectively

 

the terms of the compact. All rules promulgated by the compact

 

administrator shall be pursuant to Act No. 306 of the Public Acts

 

of 1969, as amended.promulgated according to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 924. (1) The compact administrator may enter into

 

supplementary agreements with appropriate officials of other states

 

pursuant according to Articles VII and XI of the compact.

 

     (2) The compact administrator shall cooperate with all

 

departments, agencies, and officers of and in the government of

 

this state and its subdivisions in facilitating the proper

 

administration of the compact or of any supplementary agreement

 

entered into by this state.

 

     (3) The department of mental health may enter into agreements

 

with authorities of other states for the arbitration of disputed

questions between those states and this state respecting the

 

residence of mentally ill and mentally deficient persons and their

 

return to their place of legal settlement.

 

     Sec. 938. The department of mental health may provide to any

 

individual receiving mental health services from the department

 

written or oral notice of the availability of family planning

 

services and upon request of the individual offer education and

 

information on family planning. The notice shall state that receipt

 

of mental health services is in no way dependent upon a request or

 

nonrequest for family planning services.

 

     Sec. 946. (1) If a patient communicates to a mental health

 

professional who is treating the patient a threat of physical

 

violence against a reasonably identifiable third person and the

 

recipient has the apparent intent and ability to carry out that

 

threat in the foreseeable future, the mental health professional

 

has a duty to take action as prescribed in subsection (2). Except

 

as provided in this section, a mental health professional does not

 

have a duty to warn a third person of a threat as described in this

 

subsection or to protect the third person.

 

     (2) A mental health professional has discharged the duty

 

created under subsection (1) if the mental health professional,

 

subsequent to the threat, does 1 or more of the following in a

 

timely manner:

 

     (a) Hospitalizes the patient or initiates proceedings to

 

hospitalize the patient under chapter 4 or 4a.

 

     (b) Makes a reasonable attempt to communicate the threat to

 

the third person and communicates the threat to the local police

department or county sheriff for the area where the third person

 

resides or for the area where the patient resides, or to the state

 

police.

 

     (c) If the mental health professional has reason to believe

 

that the third person who is threatened is a minor or is

 

incompetent by other than age, takes the steps set forth in

 

subdivision (b) and communicates the threat to the department of

 

social services in the county where the minor resides and to the

 

third person's custodial parent, noncustodial parent, or legal

 

guardian, whoever is appropriate in the best interests of the third

 

person.

 

     (3) If a patient described in subsection (1) is being treated

 

through team treatment in a hospital, and if the individual in

 

charge of the patient's treatment decides to discharge the duty

 

created in subsection (1) by a means described in subsection (2)(b)

 

or (c), the hospital shall designate an individual to communicate

 

the threat to the necessary persons.

 

     (4) A mental health professional who determines in good faith

 

that a particular situation presents a duty under this section and

 

who complies with the duty does not violate section 750. A

 

psychiatrist who determines in good faith that a particular

 

situation presents a duty under this section and who complies with

 

the duty does not violate the physician-patient privilege

 

established under section 2157 of the revised judicature act of

 

1961, Act No. 236 of the Public Acts of 1961, being section

 

600.2157 of the Michigan Compiled Laws. 1961 PA 236, MCL 600.2157.

 

A psychologist who determines in good faith that a particular

situation presents a duty under this section and who complies with

 

the duty does not violate section 18237 of the public health code,

 

Act No. 368 of the Public Acts of 1978, being section 333.18237 of

 

the Michigan Compiled Laws. 1978 PA 368, MCL 333.18237. A certified

 

social worker, social worker, or social worker licensed bachelor's

 

social worker, licensed master's social worker, or social service

 

technician who determines in good faith that a particular situation

 

presents a duty under this section and who complies with the duty

 

does not violate section 1610 of the occupational code, Act No. 299

 

of the Public Acts of 1980, being section 339.1610 of the Michigan

 

Compiled Laws. 18513 of the public health code, 1978 PA 368, MCL

 

333.18513. A licensed professional counselor who determines in good

 

faith that a particular situation presents a duty under this

 

section and who complies with the duty does not violate section

 

18117 of the public health code, Act No. 368 of the Public Acts of

 

1978, being section 333.18117 of the Michigan Compiled Laws. 1978

 

PA 368, MCL 333.18117. A marriage and family therapist who

 

determines in good faith that a particular situation presents a

 

duty under this section and who complies with the duty does not

 

violate section 1509 of the occupational code, Act No. 299 of the

 

Public Acts of 1980, being section 339.1509 of the Michigan

 

Compiled Laws. 16911 of the public health code, 1978 PA 368, MCL

 

333.16911. A music therapist who determines in good faith that a

 

particular situation presents a duty under this section and who

 

complies with this duty does not violate section 4.11 3.12 of the

 

professional code of ethics of the national association for music

 

therapy, inc., or the clinical relationships section of the code of

ethics of the certification board for music therapists.American

 

Music Therapy Association.

 

     (5) This section does not affect a duty a mental health

 

professional may have under any other section of law.

 

     Sec. 1002a. (1) For a person confined in a place of detention

 

operated by a political subdivision of the state and who requests

 

mental health services, mental health services shall be provided by

 

the appropriate community mental health program pursuant according

 

to the responsibilities described in section 206.

 

     (2) The department of mental health shall promulgate rules

 

pursuant to Act No. 306 of the Public Acts of 1969, as amended,

 

being sections 24.201 to 24.315 of the Michigan Compiled Laws,

 

according to the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.201 to 24.328, establishing a procedure for the

 

voluntary admission into a state mental health facility of a person

 

confined in a place of detention operated by a political

 

subdivision of the state.

 

     (3) The involuntary admission into a state mental health

 

facility of a person confined in a place of detention operated by a

 

political subdivision of the state shall be is governed by sections

 

423 to 444.439.

 

     Sec. 1004a. (1) In addition to the rights, benefits, and

 

privileges guaranteed to prisoners by other provisions of law, the

 

state constitution of 1963, and the constitution of the United

 

States, a prisoner receiving services from the corrections mental

 

health program has the rights enumerated in this section. The

 

rights enumerated in this section do not replace or limit any other

rights, benefits, or privileges of a prisoner.

 

     (2) The rights enumerated in this section pertain to the

 

manner in which mental health services are provided to the

 

prisoner. This section does not affect the regulations and policies

 

of the department of corrections relating to the operation of a

 

state correctional facility. In an instance in which a right

 

enumerated in this section conflicts with a regulation or policy of

 

the department of corrections affecting the security of a state

 

correctional facility or the protection of prisoners, employees, or

 

the public, the department of corrections regulation or policy

 

shall control.

 

     (3) A prisoner is entitled to receive mental health services

 

suitable to his or her condition in a manner that protects and

 

promotes the basic human dignity of the prisoner.

 

     (4) Subject to subsection (2), a prisoner receiving services

 

from the corrections mental health program is entitled to those

 

rights enumerated in sections 706, 710, 712, 714, 716, 722, 740,

 

742, 744, and 746.

 

     (5) Information in the medical record of a prisoner receiving

 

services from the corrections mental health program and other

 

information acquired in the course of the prisoner's treatment in

 

the program is confidential and shall is not be open to public

 

inspection. The corrections mental health program is the holder of

 

the record and may disclose the information only in the

 

circumstances and under the conditions set forth in this

 

subsection. If information made confidential by this subsection is

 

disclosed, the identity of the individual to whom it pertains shall

be protected and shall not be disclosed unless it is germane to the

 

authorized purpose for which disclosure was sought. ; and, if If

 

practicable, other information shall not be disclosed unless it is

 

germane to the authorized purpose for which disclosure was sought.

 

A person receiving information made confidential by this subsection

 

shall disclose the information to others only to the extent

 

consistent with the authorized purpose for which the information

 

was obtained. With the exception of records, data, and knowledge

 

generated by individuals or committees performing a peer review

 

function, which is not subject to disclosure, information

 

pertaining to a prisoner receiving mental health services from the

 

corrections mental health program may be disclosed under 1 or more

 

of the following circumstances:

 

     (a) Pursuant According to orders or subpoenas of a court of

 

record, or subpoenas of the legislature, unless the information is

 

made privileged by law.

 

     (b) To an attorney for the prisoner, with the prisoner's

 

consent.

 

     (c) If necessary to comply with another provision of law.

 

     (d) To the department of corrections if the information is

 

necessary to protect the safety of the prisoner, other prisoners,

 

or the public, or to protect the prisoner's interactions with

 

others in the state correctional facility.

 

     (e) To the department of mental health if the information is

 

necessary for the department to discharge a responsibility placed

 

upon it by law.

 

     (f) To the office of the auditor general if the information is

necessary for that office to discharge its constitutional

 

responsibility.

 

     (g) As necessary to enable a prisoner or the prisoner's

 

surviving spouse or other related person to apply for or receive

 

benefits.

 

     (h) As necessary for the purpose of outside research,

 

evaluation, accreditation, or statistical compilation, if the

 

prisoner can be identified from the disclosure only if that

 

identification is essential in order to achieve the purpose for

 

which the information is sought or if preventing that

 

identification would clearly be impractical, but in no event if the

 

prisoner is likely to be harmed by the identification.

 

     (i) To providers of mental health or other health services or

 

a public agency, when there is a compelling need for disclosure

 

based upon a substantial probability of harm to the prisoner or to

 

other persons.

 

     (j) To a representative of the protection and advocacy system

 

designated by the governor in section 931 if both of the following

 

apply:

 

     (i) A complaint regarding the provision of mental health

 

services by the corrections mental health program has been received

 

by the protection and advocacy system from or on behalf of the

 

prisoner.

 

     (ii) The prisoner does not have a legal guardian, or the state

 

or the designee of the state is the legal guardian of the prisoner.

 

     Sec. 1005f. (1) A person may be transferred to the center for

 

forensic psychiatry program under this chapter and may be

transferred between state mental health facilities upon

 

authorization by the director of the center for forensic psychiatry

 

program. The person is entitled to an administrative hearing

 

pursuant according to rules of the department of mental health

 

regarding the need and appropriateness of a transfer to another

 

state mental health facility upon receipt by the director of the

 

center for forensic psychiatry program of the person's objection to

 

the transfer. If an emergency transfer is required, and if

 

objection is made to the transfer, the hearing will be held at the

 

receiving facility.

 

     (2) A person transferred to another state mental health

 

facility under this section shall not be commingled with other

 

recipients of mental health services except in cases in which it is

 

determined by the director of the center for forensic psychiatry

 

program, after consultation with the department of corrections, and

 

pursuant according to rules promulgated by the department, of

 

mental health, that the person and the other recipients of mental

 

health services exhibit the same propensity for dangerous behavior

 

and require similar treatment plans and modalities.

 

     (3) A person transferred under this section is entitled to all

 

the rights and privileges afforded to other mental health

 

recipients pursuant to under chapter 7, except those rights and

 

privileges specifically excluded or modified by law.

 

     Sec. 1006. (1) A prisoner admitted to the corrections mental

 

health program according to section 1003a or section 1003b shall be

 

discharged from the program when 1 or both of the following occur:

 

     (a) The prisoner ceases to require mental health services.

     (b) The prisoner is paroled or discharged from prison.

 

     (2) If a prisoner is to be discharged from the corrections

 

mental health program before the expiration of the prisoner's

 

criminal sentence, the director of the corrections mental health

 

program shall first notify the department of corrections of the

 

pending discharge, and shall transmit a full report on the

 

condition of the prisoner to the department of corrections.

 

     (3) If the prisoner is paroled or discharged from prison, and

 

the corrections mental health program considers the prisoner to be

 

a person requiring treatment, as defined in section 401, or a

 

person who meets the criteria for judicial admission, as prescribed

 

in section 515, the director of the corrections mental health

 

program at least 14 days before the parole date or the date of

 

discharge shall file a petition under section 434 or section 516

 

asserting that the prisoner is a person requiring treatment or that

 

the prisoner meets the criteria for judicial admission. The

 

petition shall be filed with the probate court of the prisoner's

 

county of residence.

 

     (4) The department of community health is responsible for

 

assuring ensuring that needed aftercare reintegration and

 

community-based mental health services are offered to mentally ill

 

and developmentally disabled persons who are leaving prison, upon

 

referral by the department of corrections. Upon request from the

 

department of corrections, community-based mental health services

 

shall be provided by the department of community health throughout

 

the parole period.

 

     Sec. 1026. (1) Upon a showing that the defendant may be

incompetent to stand trial, the court shall order the defendant to

 

undergo an examination by personnel of either the center for

 

forensic psychiatry or other facility officially certified by the

 

department of mental health to perform examinations relating to the

 

issue of incompetence to stand trial. The defendant shall make

 

himself or herself available for the examination at the places and

 

times established by the center for forensic psychiatry or other

 

certified facility. If the defendant, after being notified, fails

 

to make himself or herself available for the examination, the court

 

may order his or her commitment to the center for forensic

 

psychiatry or other certified facility without a hearing.

 

     (2) When the defendant is to be held in a jail or similar

 

place of detention pending trial, the center for forensic

 

psychiatry or other certified facility may perform the examination

 

in the jail or may notify the sheriff to transport the defendant to

 

the center for forensic psychiatry or other certified facility for

 

the examination, and the sheriff shall return the defendant to the

 

jail upon completion of the examination.

 

     (3) Except as provided in subsection (1), when the defendant

 

is not to be held in a jail or similar place of detention pending

 

trial, the court shall commit him or her to the center for forensic

 

psychiatry or other certified facility only when the commitment is

 

necessary for the performance of the examination.

 

     (4) The defendant shall be released by the center for forensic

 

psychiatry or other certified facility upon completion of the

 

examination.

 

     Sec. 1032. (1) If the defendant is determined incompetent to

stand trial, and if the court determines that there is a

 

substantial probability that, if provided a course of treatment, he

 

or she will attain competence to stand trial within the time limit

 

established by section 1034, the court shall order him or her to

 

undergo treatment to render him or her competent to stand trial.

 

     (2) The court shall appoint a medical supervisor of the course

 

of treatment. The medical supervisor may be any person or agency

 

willing to supervise the course of treatment, or the department. of

 

mental health.

 

     (3) The court may commit the defendant to the custody of the

 

department, of mental health, or to the custody of any other

 

inpatient mental health facility if it agrees, only if commitment

 

is necessary for the effective administration of the course of

 

treatment. If the defendant, absent commitment to the department of

 

mental health or other inpatient mental health facility, would

 

otherwise be held in a jail or similar place of detention pending

 

trial, the court may enter an order restricting the defendant in

 

his or her movements to the buildings and grounds of the facility

 

at which he or she is to be treated.

 

     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 environment 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 forensic mental health examiner, based on

 

information provided by 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 from a qualified forensic mental

 

health examiner 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, subject to the availability of

 

inpatient care, 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. The order for treatment and any renewed order shall

 

not exceed a total of 120 days.

 

     (b) Determine custody of the juvenile and dismiss the charges

 

against the juvenile.

 

     Enacting section 1. Sections 102 and 1006a of the mental

 

health code, 1974 PA 258, MCL 330.1102 and 330.2006a, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.