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

Mich. Comp. Laws § 712A.18o (2026)

Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


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

PopularName Notes:

Probate Code

PopularName Notes:

Juvenile Code
Notes of Decisions
Cited in 2 cases, 2018–2018 · leading case: in Re Octavio Sanchez Baez (Mich. Ct. App. 2018).
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in Re Octavio Sanchez Baez (Mich. Ct. App. 2018). · cites it 2× “1(1)(b); MCL 712A.18o(1); MCL 712A.18n(2). The statutory scheme sets forth specific requirements of the competency evaluation, several of which respondent alleges defense counsel failed to challenge or investigate in violation of his right to the effective assistance of counsel.”
in Re Octavio Sanchez Baez (Mich. Ct. App. 2018). · cites it 2× “1(1)(b); MCL 712A.18o(1); MCL 712A.18n(2). The statutory scheme sets forth specific requirements of the competency evaluation, several of which respondent alleges defense counsel failed to challenge or investigate in violation of his right to the effective assistance of counsel.”
— Mich. Comp. Laws § 712A.18o(1) — 2 cases
in Re Octavio Sanchez Baez (Mich. Ct. App. 2018). “1(1)(b); MCL 712A.18o(1); MCL 712A.18n(2). The statutory scheme sets forth specific requirements of the competency evaluation, several of which respondent alleges defense counsel failed to challenge or investigate in violation of his right to the effective assistance of counsel.”
in Re Octavio Sanchez Baez (Mich. Ct. App. 2018). “1(1)(b); MCL 712A.18o(1); MCL 712A.18n(2). The statutory scheme sets forth specific requirements of the competency evaluation, several of which respondent alleges defense counsel failed to challenge or investigate in violation of his right to the effective assistance of counsel.”
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