MI SB0246

Establishes competency standards for juveniles in delinquency proceedings, presuming competency for juveniles age 10 and older unless challenged and presuming incompetency for juveniles under age 10.

Requires competency evaluations be conducted by qualified juvenile forensic mental health examiners using approved interview methods, with written reports submitted to the court within 30 days containing clinical assessments and mental competency functions analysis.

Prohibits statements and evidence obtained during competency evaluations from being used to determine juvenile responsibility, and requires all competency-related reports to be sealed after adjudication or when juvenile is found unable to regain competence.

Allows courts to dismiss charges for traffic offenses and misdemeanors if juveniles are incompetent, suspend proceedings for serious misdemeanors or felonies, and issue restoration orders up to 120 days total for juveniles who may regain competency.

Requires courts to determine custody and dismiss charges if juveniles are found to have a substantial probability of remaining incompetent, with options for civil commitment proceedings or release to parent/guardian under appropriate conditions.