1.8Juvenile Mental Health Courts1
“A family division of circuit court . . . may adopt or institute a juvenile mental health court pursuant to statute or court rules.” MCL 600.1099c(1).2
MCL 600.1099b(e) defines “[j]uvenile mental health court” as any 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.[3]
(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].
(iii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the . . . characteristics[ set out in MCL 600.1099b(e)(iii)(A)-(J).4]
A.Adopting or Instituting a Juvenile Mental Health Court
“A family division of circuit court adopting or instituting a juvenile mental health court shall enter into a memorandum of understanding with all participating prosecuting authorities in the circuit” and representatives of various specified entities, including “a representative of the bar specializing in juvenile law[.]” MCL 600.1099c(1).
“The creation or existence of a juvenile mental health court does not alter or affect the law or court rules concerning discharge or dismissal of an offense, or adjudication.” MCL 600.1099c(1).
“Admission into a juvenile mental health court program is at the discretion of the court based on the juvenile’s legal and clinical eligibility.” MCL 600.1099e(1). Prior participation in or completion of a juvenile mental health court program does not preclude admission; however, a violent offender5 may not be admitted. Id.
“Admission to a juvenile mental health court does not disqualify a juvenile for any other dispositional options available under state law or court rule.” MCL 600.1099e(2).
C.Preadmission Screening and Evaluation Assessment
MCL 600.1099e(3) provides:
“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[6], 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.
“In addition to rights accorded a victim under the . . . [C]rime [V]ictim’s [R]ights [A]ct[ (CVRA)], . . . MCL 780.751 to [MCL] 780.834, the juvenile mental health court shall permit any victim of the offense or offenses for which the juvenile has been petitioned to submit a written statement to the court regarding the advisability of admitting the juvenile into the juvenile mental health court.” MCL 600.1099g.
MCL 600.1099f(1) provides, in relevant part:
“If the juvenile is alleged to have engaged in activity that would constitute a criminal act if committed by an adult, his or her admission to juvenile mental health court is subject to all of the following conditions:
(a) The juvenile admits responsibility for the violation or violations that he or she is accused of having committed.
(b) The parent, legal guardian, or legal custodian, and juvenile are required to sign all documents for the juvenile’s admission in the juvenile mental health court, including a written agreement to participate in the juvenile mental health court.”
E.Withdrawal of Plea If Not Admitted
“A juvenile who has admitted responsibility, as part of his or her referral process to a juvenile mental health court, and who is subsequently not admitted to a juvenile mental health court may withdraw his or her admission of responsibility.” MCL 600.1099f(3).
“Upon admitting a juvenile into a juvenile mental health court, . . . the court shall enter an adjudication upon acceptance of a juvenile’s admittance of responsibility to the offense.” MCL 600.1099h(a). At this point, the court may also receive jurisdiction over the juvenile’s parents or guardians under MCL 712A.6 and collect a reasonable fee to offset the cost to the court for administering the program. MCL 600.1099h(b)-(c). See Section 1.8(J) for more information on taking jurisdiction over the juvenile’s parents or guardians and Section 1.8(I) for more information on monetary issues.
A juvenile mental health court must provide the participant with:
“(a) Consistent and close monitoring of the juvenile’s treatment and recovery.
(b) If found necessary or appropriate, periodic and random testing for the presence of any nonprescribed controlled substance of alcohol as well as compliance with or effectiveness of prescribed medication using to the extent practicable the best available, accepted, and scientifically valid methods.
(c) Periodic judicial reviews of the participant’s circumstances and progress in the program.
(d) A regiment or strategy of individualized and graduated but immediate rewards for compliance and sanctions for noncompliance, including, but not limited to, the possibility of detainment.
(e) Mental health services, substance use disorder services, education, and vocational opportunities as appropriate and practical.” MCL 600.1099i(1).
“The responsible mental health provider shall notify the court of a participant’s formal objection to his or her written individual plan of services developed under . . . MCL 330.1712. However, the court is not obligated to take any action in response to a notice received under this subsection.” MCL 600.1099j(4).
“In order to continue to participate in and successfully complete a juvenile mental health court program, a juvenile shall comply with all court orders, violations of which may be sanctioned at the court’s discretion.” MCL 600.1099j(1).
G.Successful Completion of Mental Health Court Program
“Upon a participant’s completion . . . of the juvenile mental health court program, the court shall find on the record or place a written statement in the court file indicating . . . the participant completed the program successfully[.]” MCL 600.1099k(1).
“Upon a juvenile’s completion of the required juvenile mental health court program participation, an exit evaluation should be conducted in order to assess the juvenile’s continuing need for mental health, developmental disability, or substance abuse services.” MCL 600.1099i(2).
Although “[a]dmission to a juvenile mental health court does not disqualify a juvenile for any other dispositional options available under state law or court rule,” MCL 600.1099e(2), “[t]he court, with the agreement of the prosecutor and in conformity with the terms and conditions of the memorandum of understanding under [MCL 600.1099c], may discharge and dismiss the proceedings,” MCL 600.1099k(2).
Except as provided in MCL 600.1099k(2), if a juvenile has successfully completed probation or other court supervision, the court, if it has not already done so, must proceed to disposition according to the agreement, and send a record of adjudication of responsibility and disposition to the Department of State Police. MCL 600.1099k(3).
H.Failure to Successfully Complete Mental Health Court Program (Termination)
“If the juvenile is accused of a new offense, the judge has the discretion to terminate the juvenile’s participation in the juvenile mental health court program. If the juvenile is adjudicated on or convicted of 1 or more of the offenses listed under [MCL 600.1099b(j)7] that was committed after he or she was admitted into the juvenile mental health court program, the juvenile must be immediately discharged from the program as unsuccessful.” MCL 600.1099j(2).
If a juvenile’s participation is terminated, “the court shall find on the record or place a written statement in the court file indicating . . . the juvenile’s participation in the program was terminated and . . . the reason for the termination.” MCL 600.1099k(1).
“Except for program termination due to the commission of a new offense, failure to complete a juvenile mental health court program must not be a prejudicial factor in disposition.” MCL 600.1099k(4).
I.Costs, Fees, and Restitution
Except to the extent properly waived, “[t]he court shall require that a juvenile pay all court fines, costs, court fees, restitution, and assessments.” MCL 600.1099j(3). “However, except as otherwise provided by law, if the court determines that the payment of court fines, court fees, or drug or alcohol testing expenses under this subsection would be a substantial hardship for the juvenile and the juvenile’s family or would interfere with the juvenile’s treatment, the court may waive all or part of those court fines, court fees, or drug or alcohol expenses except those required by statute.” Id.
In addition to the monies ordered under MCL 600.1099j(3), the court may also order the juvenile-participant and his or her parent, legal guardian, or legal custodian “to pay a reasonable juvenile mental health court fee that is reasonably related to the cost to the court for administering the juvenile mental health court program as provided in the memorandum of understanding. The juvenile mental health court shall transmit the fees collected to the treasurer of the local funding unit at the end of each month.” MCL 600.1099h(c).
J.Jurisdiction Over Participant and Participant’s Parents or Guardians
A case may be completely transferred from a court of original jurisdiction to a juvenile mental health court, prior to or after adjudication, if those courts—with the approval of the chief judge and assigned judge of each court, a prosecuting attorney from each court, and the defendant—have executed a memorandum of understanding as provided in MCL 600.1088(1)(a)-(e). See MCL 600.1088(1)-(2). Unless a memorandum of understanding provides otherwise, the original court of jurisdiction maintains jurisdiction over the juvenile mental health court participant until final disposition of the case. MCL 600.1099h(b).
The court may also “receive jurisdiction over the juvenile’s parents or guardians under . . . MCL 712A.6, in order to assist in ensuring the juvenile’s continued participation and successful completion of the juvenile mental health court and may issue and enforce any appropriate and necessary order regarding the parent or guardian.” MCL 600.1099h(b).
K.Use of Statements or Information Obtained During Preadmission Screening or Participation in Juvenile Mental Health Court
Except as otherwise permitted by the Juvenile Mental Health Court Act, “any statement or other information obtained as a result of participating in a preadmission screening and assessment under [MCL 600.1099e(3)] is confidential and is exempt from disclosure under the freedom of information act, . . . MCL 15.231 to [MCL] 15.246, and must not be used in any future juvenile delinquency proceeding. MCL 600.1099e(4). Additionally, any statement or information obtained due to participation in a juvenile mental health court assessment, treatment, or testing must not be used in a criminal prosecution unless it reveals criminal acts other than, or inconsistent with, personal controlled substance use. MCL 600.1099i(3).
MCL 600.1099k(4) provides, in relevant part:
“All records of the proceedings regarding the participation of the juvenile in the juvenile mental health court must remain closed to public inspection and are exempt from public disclosure, including disclosure under the freedom of information act, . . . MCL 15.231 to [MCL] 15.246.”
1 Effective March 28, 2019, 2018 PA 590 added Chapter 10C, MCL 600.1099b et seq., to the Revised Judicature Act to establish juvenile mental health courts to provide “court-supervised treatment program[s] for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability,” and “[p]rograms designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)],” and “[p]rograms designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance” that include certain defined characteristics. See MCL 600.1099b(e).
This section briefly addresses juvenile mental health courts. See the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9, for a thorough discussion of mental health courts.
2 A juvenile mental health court, or a court seeking to adopt or institute a juvenile mental health court, must be certified by the State Court Administrative Office. MCL 600.1099c(4).
3 “‘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. A diagnosis of co-occurring disorders occurs when at least 1 disorder of each type can be established independent of the other and is not simply a cluster of symptoms resulting from 1 disorder.” MCL 600.1099b(a). “Developmental disability,” “serious emotional disturbance,” and “serious mental illness” mean those terms as defined in the Mental Health Code, MCL 330.1100 et seq. MCL 600.1099b(c); MCL 600.1099b(h); MCL 600.1099b(i); see also MCL 330.1100a; MCL 330.1100d.
4 Required characteristics include “[e]ligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered,” MCL 600.1099b(e)(iii)(B), and the provision of “legal counsel to juvenile respondents [in accordance with the Michigan Indigent Defense Commission Act, MCL 780.981 et seq.,] to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. . . .” MCL 600.1099b(e)(iii)(E).
5 “‘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. (ii) Second degree murder. (iii) Criminal sexual conduct in the first, second, or third degree. (iv) Assault with intent to do great bodily harm less than murder in violation of . . . MCL 750.84.” MCL 600.1099b(j).
6 A mental health professional is defined as “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. (ii) A psychologist. (iii) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, . . . MCL 333.17201 to [MCL] 333.17242. (iv) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the master’s level under part 185 of the public health code, . . . MCL 333.18501 to [MCL] 333.18518. (v) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, . . . MCL 333.18101 to [MCL] 333.18117. (vi) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, . . . MCL 333.16901 to [MCL] 333.16915.” MCL 600.1099b(f).
7 The offenses requiring immediate discharge from the program are first degree murder, second degree murder, CSC-I, CSC-II, CSC-III, or assault with intent to do great bodily harm less than murder. See MCL 600.1099b(j).