Mich. Comp. Laws » Michigan Compiled Laws / Chapter 712A / Act 288 of 1939

Mich. Comp. Laws § 712A.18n

Competency of juvenile; presumption; order to determine competency during proceeding; record.

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PROBATE CODE OF 1939


Act 288 of 1939


712A.18n Competency of juvenile; presumption; order to determine competency during proceeding; record.

Sec. 18n.

    (1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed.

    (2) The court may order on its own motion, or at the request of the juvenile, the juvenile's attorney, or the prosecuting attorney, a competency evaluation to determine whether the juvenile is incompetent to proceed if the juvenile is the subject of a delinquency petition in the court or if the juvenile is under the court's jurisdiction under section 2(a)(2) to (4) of this chapter. The issue of the juvenile's competency may be raised by the court before which the proceedings are pending or being held, or by motion of a party, at any time during the proceeding.

    (3) At the time an issue of the juvenile's competency is raised, the delinquency proceeding shall temporarily cease until determination is made on the competence of the juvenile according to this act.

    (4) The court shall maintain a record of how many competency evaluations are requested under this section.

History: Add. 2012, Act 541, Eff. Mar. 28, 2013

PopularName Notes:

Probate Code

PopularName Notes:

Juvenile Code
Notes of Decisions
Cited in 3 cases, 2018–2020 · leading case: in Re Octavio Sanchez Baez
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in Re Octavio Sanchez Baez (2018) michctapp · cites it 2× “” MCL 712A.18n(1). A “juvenile,” a person under age 17 who is the subject of a delinquency petition, is “incompetent to proceed” if “based on age-appropriate norms, [he] lacks a reasonable -10- degree of rational and factual understanding of the proceeding or is unable to”…”
in Re Octavio Sanchez Baez (2018) michctapp · cites it 2× “” MCL 712A.18n(1). A “juvenile,” a person under age 17 who is the subject of a delinquency petition, is “incompetent to proceed” if “based on age-appropriate norms, [he] lacks a reasonable -10- degree of rational and factual understanding of the proceeding or is unable to”…”
in Re Larryion Perry Greer (2020) michctapp “(h) “Incompetent to proceed” means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following: (i) Consult with and assist his or her attorney in preparing his…”
— Mich. Comp. Laws § 712A.18n(1) — 3 cases
in Re Octavio Sanchez Baez (2018) michctapp “” MCL 712A.18n(1). A “juvenile,” a person under age 17 who is the subject of a delinquency petition, is “incompetent to proceed” if “based on age-appropriate norms, [he] lacks a reasonable -10- degree of rational and factual understanding of the proceeding or is unable to”…”
in Re Octavio Sanchez Baez (2018) michctapp “” MCL 712A.18n(1). A “juvenile,” a person under age 17 who is the subject of a delinquency petition, is “incompetent to proceed” if “based on age-appropriate norms, [he] lacks a reasonable -10- degree of rational and factual understanding of the proceeding or is unable to”…”
in Re Larryion Perry Greer (2020) michctapp “(h) “Incompetent to proceed” means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following: (i) Consult with and assist his or her attorney in preparing his…”
— Mich. Comp. Laws § 712A.18n(2) — 2 cases
in Re Octavio Sanchez Baez (2018) michctapp “” MCL 712A.18n(1). A “juvenile,” a person under age 17 who is the subject of a delinquency petition, is “incompetent to proceed” if “based on age-appropriate norms, [he] lacks a reasonable -10- degree of rational and factual understanding of the proceeding or is unable to”…”
in Re Octavio Sanchez Baez (2018) michctapp “” MCL 712A.18n(1). A “juvenile,” a person under age 17 who is the subject of a delinquency petition, is “incompetent to proceed” if “based on age-appropriate norms, [he] lacks a reasonable -10- degree of rational and factual understanding of the proceeding or is unable to”…”
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