712A.18o Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrict
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/mi/712a-18oA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
712A.18o Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment.
Sec. 18o.
(1)A competency evaluation ordered under section 18n of this chapter shall be conducted by a qualified juvenile forensic mental health examiner. The qualified juvenile 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 juvenile forensic mental health examiner.
(2)This section does not prohibit any party from retaining the party's own qualified juvenile 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.
History: Add. 2012, Act 541 , Eff. Mar. 28, 2013
Popular Name: Probate Code
Popular Name: Juvenile Code