reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498c - Definitions; P to S.

330.1498c Definitions; P to S.
Sec. 498c.
As used in this chapter, unless the context requires otherwise:
(a) "Person in loco parentis" means a person who is not the parent or guardian of a minor, but who has either legal custody of a minor or physical custody of a minor and is providing support and care for the minor.
(b) "Suitable for hospitalization" means a determination concerning a minor that all of the following criteria are met:
(i) The minor is a minor requiring treatment.
(ii) The minor is in need of hospitalization and is expected to benefit from hospitalization.
(iii) An appropriate, less restrictive alternative to hospitalization is not available.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 524, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498f - Admission; Examination; Waiting List; Interim Services; Referral.

330.1498f Admission; examination; waiting list; interim services; referral.
Sec. 498f.
If a minor is referred to a hospital by an executive director pursuant to section 498e, the hospital director may accept the referral and admit the minor, or the hospital director may order an examination of the minor to confirm the minor's suitability for hospitalization. The examination shall begin immediately. If the hospital director confirms the minor's suitability for hospitalization, the minor shall be scheduled for admission to the hospital. If the minor cannot be admitted immediately because of insufficient space in the hospital, the minor shall be placed on a waiting list and the executive director shall provide necessary interim services, including periodic reassessment of the suitability for hospitalization. The minor may be referred to another hospital. If the hospital director does not confirm the minor's suitability for hospitalization, the minor shall be referred to the executive director, who shall offer an appropriate treatment plan for the minor or refer the minor to any other agency for services.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498g - Examination, Tests, and Evaluations.

330.1498g Examination, tests, and evaluations.
Sec. 498g.
If a minor is admitted to a hospital pursuant to this chapter, the director of the hospital shall cause the minor to be examined by a child psychiatrist within 48 hours after the admission of the minor and shall immediately initiate any of the following tests and evaluations of the minor pursuant to section 498j which, in the hospital director's opinion may aid in the preparation of a treatment plan for the minor:
(a) A comprehensive social and family history including family relationships.
(b) A comprehensive educational test and an assessment of educational development.
(c) Psychological testing.
(d) An evaluation by the staff participating in the treatment of the minor.
(e) Any relevant test, assessment, or study of, or related to, the minor.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498i - Notice.

330.1498i Notice.
Sec. 498i.
The parent or guardian of a minor shall be notified immediately of the admission of a minor to a hospital in any case where the parent or guardian of the minor did not execute the application for hospitalization. The notice shall be in the form most likely to reach the person being notified in an expeditious manner, and shall inform the person of the right to participate in any proceedings under this act.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498j - Consent.

330.1498j Consent.
Sec. 498j.
A hospital shall request a parent or guardian of a minor admitted to a hospital under this chapter to give written consent for the minor's treatment and for the release of information from agencies or individuals involved in treating the minor before the hospitalization considered necessary by the hospital for the minor's treatment. If the hospital cannot obtain consent for treatment, the director of the hospital may proceed under either the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102, or chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, as warranted by the situation and the best interests of the minor.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 2000, Act 57, Eff. Apr. 1, 2000
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498k - Leaving Hospital Without Knowledge and Permission of Staff; Notice; Transporting Minor to Hospital; Protective Custody; Appeal.

330.1498k Leaving hospital without knowledge and permission of staff; notice; transporting minor to hospital; protective custody; appeal.
Sec. 498k.
(1) If a minor who has been admitted to a hospital under this chapter leaves the hospital without the knowledge and permission of the appropriate hospital staff, the hospital must immediately notify the minor's parent, guardian, or person in loco parentis, the executive director if appropriate, and the appropriate police agency.
(2) If a minor has left a hospital without the knowledge and permission of the appropriate hospital staff or has refused a request to return to the hospital while on an authorized absence from the hospital, and the hospital director believes that the minor should be returned to the hospital, the hospital director must request that the minor's parent, guardian, or person in loco parentis transport the minor to the hospital. If the parent, guardian, or person in loco parentis is unable, after reasonable effort, to transport the minor, a request may be submitted to the court for an order to transport the minor. If the court is satisfied that a reasonable effort was made to transport the minor, the court must order a peace officer to take the minor into protective custody. After the minor is taken into protective custody, a peace officer or a security transport officer shall transport the minor to the hospital.
(3) An opportunity for appeal, and notice of that opportunity, shall be provided to any minor and to the parent or guardian of any minor who is returned over the minor's objection from any authorized leave in excess of 10 days. In the case of a minor less than 14 years of age, the appeal shall be made by the parent or guardian of the minor or person in loco parentis.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1988, Act 155, Imd. Eff. June 14, 1988 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498l - Review.

330.1498l Review.
Sec. 498l.
(1) Not more than 90 days after the admission of a minor to a hospital pursuant to this chapter, and at 60-day intervals after the expiration of the 90-day period, the director of the hospital shall perform or arrange to have performed a review of the minor's suitability for hospitalization. If the minor is in a hospital under contract with a community mental health services program, the executive director shall participate in the reviews.
(2) Subject to section 114a, the reviews of the minor's suitability for continued hospitalization shall be conducted under rules promulgated by the department. Results of the reviews shall be transmitted promptly to all of the following:
(a) The minor, if the minor is 14 years of age or older.
(b) The parent, guardian, or person in loco parentis of the minor.
(c) The executive director.
(d) The court, if there was a court hearing on the admission of the minor.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498m - Objection to Hospitalization; Violation as Misdemeanor.

330.1498m Objection to hospitalization; violation as misdemeanor.
Sec. 498m.
(1) An objection to the hospitalization of a minor may be made to the court by any of the following persons:
(a) A person found suitable by the court.
(b) The minor's parent, guardian, or person in loco parentis if the request for hospitalization was made by the minor pursuant to section 498d(3) or by a peace officer pursuant to section 498h(6).
(c) The minor who has been hospitalized, if the minor is 14 years of age or older.
(2) An objection made to the court pursuant to subsection (1) shall be made in writing not more than 30 days after the admission of a minor to a hospital, and may be made subsequently within not more than 30 days after the receipt of the periodic review of the minor's suitability for continued hospitalization as provided for in section 498l. The objection shall state the basis on which it is being raised.
(3) If a minor who has been hospitalized for not less than 7 days pursuant to this chapter informs a hospital employee of the minor's desire to object to hospitalization, the hospital employee or a person designated by the hospital shall assist the minor in properly submitting an objection to hospitalization pursuant to this section. An employee of the hospital shall not interfere with or fail to act upon a minor's objection to hospitalization. A person who violates this subsection is guilty of a misdemeanor.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498n - Judicial Hearing.

330.1498n Judicial hearing.
Sec. 498n.
(1) Upon receipt of an objection to hospitalization filed under section 498m, the court shall schedule a hearing to be held within 7 days, excluding Sundays and holidays. After receipt of the objection, the court shall notify all of the following persons of the time and place for the hearing:
(a) The parents or guardian of the minor to whom the objection refers.
(b) The person filing the objection.
(c) The minor to whom the objection refers.
(d) The person who executed the application for hospitalization of the minor.
(e) The hospital director.
(f) The executive director.
(2) The court shall sustain an objection to hospitalization and order the discharge of the minor unless the court finds by clear and convincing evidence that the minor is suitable for hospitalization. If the court does not sustain the objection, an order shall not be entered, the objection shall be dismissed, and the hospital shall continue to hospitalize the minor.
(3) The hearing required by subsection (1) shall be governed by sections 451 to 465.
(4) The court shall not dismiss the objection and refuse to order a discharge of a hospitalized minor on the grounds that the minor's parent or guardian is unwilling or unable to provide or arrange for the management, care, or residence of the minor. If an objection is sustained and the minor's parent or guardian is unwilling or unable to provide or arrange for the management, care, or residence of the minor, the objecting person may, or a person authorized by the court shall, file promptly a petition under section 2(b) of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.2 of the Michigan Compiled Laws, to ensure that the minor is provided with appropriate management, care, or residence.
(5) If a hospital has officially agreed to admit a minor, but admission has been deferred until a subsequent date, an objection to hospitalization of the minor may be made to the court under section 498m before the minor is admitted to the hospital. Subject to section 114a, a minor 14 years of age or older shall be notified of the right to object in accordance with rules promulgated by the department. If the objection is sustained by the court, the minor shall not be hospitalized.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498o - Notice of Intent or Oral Request to Terminate Hospitalization; Petition to Continue Hospitalization; Hearing.

330.1498o Notice of intent or oral request to terminate hospitalization; petition to continue hospitalization; hearing.
Sec. 498o.
(1) Except as provided in subsection (4), a minor hospitalized under this chapter shall not be kept in the hospital more than 3 days, excluding Sundays and holidays, after receipt by the hospital of a written notice of intent to terminate the hospitalization of the minor executed by the minor's parent, guardian, or person in loco parentis or by the minor if the minor is 14 years of age or older and was admitted to the hospital upon his or her own request.
(2) Upon receipt of an oral request to terminate hospitalization of a minor pursuant to subsection (1), the hospital promptly shall supply the necessary form for termination of hospitalization to the person giving notice.
(3) Upon receipt of notice or an oral request under subsection (1) or (2) by a hospital under contract with the community mental health services program, the hospital director immediately shall notify the executive director.
(4) If notice of intent to terminate hospitalization is received by a hospital under subsection (1) or (2), and the director of the hospital determines that the minor to whom the notice applies should remain in the hospital, the director of the hospital or a person designated by the director of the hospital shall file, within 3 days, excluding Sundays and holidays, after receipt of the notice, a petition with the court requesting an order to continue hospitalization of the minor. The petition shall be accompanied by 1 certificate executed by a child and adolescent psychiatrist and 1 certificate executed by either a physician or a licensed psychologist. If a petition is filed with the court under this subsection, the hospital shall continue to hospitalize the minor pending a court hearing on the petition.
(5) Upon receipt of a petition to continue hospitalization of a minor under subsection (4), the court shall schedule a hearing to be held within 7 days, excluding Sundays and holidays, after receipt of the petition. The hearing shall be convened in accordance with sections 451 to 465.
(6) If the court finds the minor to be suitable for hospitalization by clear and convincing evidence, the court shall order the minor to continue hospitalization for not more than 60 days. If the court does not find by clear and convincing evidence that the minor is suitable for hospitalization, the court shall order the minor discharged from the hospital.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498p - Discharge; Notice; Prerelease Plan; Refusal of Parent or Guardian to Assume Custody; Petition.

330.1498p Discharge; notice; prerelease plan; refusal of parent or guardian to assume custody; petition.
Sec. 498p.
(1) Upon periodic review of a hospitalized minor under section 498 l, or at any other time, if it is determined that the minor is no longer suitable for hospitalization, the director of the hospital shall discharge the minor from the hospital.
(2) If a minor discharged under subsection (1) has been hospitalized under a court order, or if court proceedings are pending, the court shall be notified of the minor's discharge from the hospital.
(3) The director of a hospital shall notify the appropriate executive director of the pending discharge of a minor not less than 7 days before the minor is discharged from the hospital.
(4) Before a minor is discharged from a hospital under subsection (1), the executive director, with the assistance of the hospital, shall develop an individualized prerelease plan for the minor in accordance with section 209a.
(5) If the parent or guardian of a minor admitted to a hospital under this chapter refuses to assume custody of the minor upon discharge of the minor from the hospital, the hospital director shall file or cause to be filed a petition in the juvenile division of the probate court alleging that the minor is within the provisions of section 2(b) of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.2 of the Michigan Compiled Laws, to ensure that the minor is provided with appropriate management, care, and residence. Arrangements considered suitable by the hospital director and agreed to by the parent or guardian for care of the minor outside the home of the parent or guardian do not constitute refusal to assume custody of the minor.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498q - Governing Provisions.

330.1498q Governing provisions.
Sec. 498q.
Notwithstanding the provisions of chapter 4, the civil admission and discharge procedures for emotionally disturbed minors shall be governed by this chapter.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498r, 330.1498s - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1498r, 330.1498s Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed sections pertained to specialized units.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498t - Transporting Minor for Evaluation.

330.1498t Transporting minor for evaluation.
Sec. 498t.
If a person who requests hospitalization of a minor under section 498d or 498h is unable, after reasonable efforts, to transport the minor for the evaluation required by section 498e, a request may be submitted to the court for an order to transport the minor. If the court is satisfied that a reasonable effort was made by the person requesting hospitalization to transport the minor for evaluation, the court must order a peace officer to take the minor into protective custody. After the minor is taken into protective custody, a peace officer or a security transport officer must transport the minor immediately to the evaluation site, and if necessary, from the evaluation site to the hospital for admission. The person requesting the transport order must meet the minor at the evaluation site and remain with the minor for the duration of the evaluation.
History:
Add. 1988, Act 155, Imd. Eff. June 14, 1988 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-GENERAL-PROVISIONS - General Provisions (330.1500...330.1505) › Section 330.1500 - Definitions.

330.1500 Definitions.
Sec. 500.
As used in this chapter, unless the context requires otherwise:
(a) "Administrative admission" means the admission of an individual with a developmental disability to a facility under section 509.
(b) "Alternative program of care and treatment" means an outpatient program of care and treatment suitable to the individual's needs under the supervision of a psychiatrist that is developed in accordance with person-centered planning under section 712.
(c) "Court" means the probate court or the court with responsibility with regard to mental health matters for the county in which an individual with a developmental disability resides or was found.
(d) "Criteria for treatment" means the criteria specified in section 515 for admission of an adult with an intellectual disability to a facility, private facility, or alternative program of care and treatment under section 518.
(e) "Private facility" means an adult foster care facility operated under contract with a community mental health services program or on a private pay basis that agrees to do both of the following:
(i) Accept the admission of an individual with developmental disability.
(ii) Fulfill the duties of a facility as described in this chapter.
(f) "Treatment" means admission into an appropriate treatment facility or an outpatient program of care and treatment suitable to the individual's needs under the supervision of a psychiatrist that is developed in accordance with person-centered planning under section 712.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1978, Act 166, Imd. Eff. May 26, 1978 ;-- Am. 1986, Act 264, Imd. Eff. Dec. 9, 1986 ;-- Am. 1987, Act 76, Imd. Eff. June 29, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-GENERAL-PROVISIONS - General Provisions (330.1500...330.1505) › Section 330.1501 - Forms.

330.1501 Forms.
Sec. 501.
The department shall prescribe the forms to be used under this chapter, and all facilities shall use department forms. At the direction of the supreme court, the state court administrative office shall prescribe the forms used for court proceedings under this chapter.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-GENERAL-PROVISIONS - General Provisions (330.1500...330.1505) › Section 330.1502 - Admission to Facility; Applicable Law.

330.1502 Admission to facility; applicable law.
Sec. 502.
An individual shall be admitted to a facility only according to the provisions of this act.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-GENERAL-PROVISIONS - General Provisions (330.1500...330.1505) › Section 330.1503 - Judicial Admission of Minors Prohibited; Preferred Form of Admission for Adults.

330.1503 Judicial admission of minors prohibited; preferred form of admission for adults.
Sec. 503.
(1) An individual under 18 years of age shall not be judicially admitted to a facility, private facility, or other residential program.
(2) Administrative admission under section 509 is the preferred form of admission for individuals 18 years of age or older.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-GENERAL-PROVISIONS - General Provisions (330.1500...330.1505) › Section 330.1504 - Developmentally Disabled Persons; Admission.

330.1504 Developmentally disabled persons; admission.
Sec. 504.
An individual with a developmental disability other than an intellectual disability is eligible for temporary and administrative admission under sections 508 and 509.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-GENERAL-PROVISIONS - General Provisions (330.1500...330.1505) › Section 330.1505 - Evaluation of Competency to Execute Application for Administrative Admission; Notice; Petition for Appointment of Plenary or Partial Guardian.

330.1505 Evaluation of competency to execute application for administrative admission; notice; petition for appointment of plenary or partial guardian.
Sec. 505.
(1) Six months before the eighteenth birthday of each resident in a facility, the resident shall be evaluated by the center for the purpose of determining whether he or she is competent to execute an application for administrative admission.
(2) If it is determined by the facility that the resident is not competent to execute an application for administrative admission, or otherwise requires the protective services of a guardian, a parent, or if none, another interested person or entity, the parent, guardian, or interested party shall be notified and requested to file a petition for the appointment of a plenary or partial guardian. If a petition is not filed, the facility may, but need not, file a petition.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-TEMPORARY-AND-ADMINISTRATIVE-ADMISSION - Temporary and Administrative Admission (330.1508...330.1512) › Section 330.1508 - Individual With Developmental Disability; Temporary Admission; Execution and Contents of Application; Services; Time Limitation.

330.1508 Individual with developmental disability; temporary admission; execution and contents of application; services; time limitation.
Sec. 508.
(1) An individual with a developmental disability referred by a community mental health services program may be temporarily admitted to a facility for appropriate clinical services if an application for temporary admission is executed by a person legally empowered to make the application and if it is determined that the individual is suitable for admission. The services to be provided to the individual shall be determined by mutual agreement between the community mental health services program, the facility, and the person making the application, except that no individual may be temporarily admitted for more than 30 days.
(2) An application for temporary admission shall contain the substance of subsection (1).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-TEMPORARY-AND-ADMINISTRATIVE-ADMISSION - Temporary and Administrative Admission (330.1508...330.1512) › Section 330.1509 - Administrative Admission; Execution and Contents of Application; Explanation of Rights; Persons Entitled to Copy of Application.

330.1509 Administrative admission; execution and contents of application; explanation of rights; persons entitled to copy of application.
Sec. 509.
(1) An individual with a developmental disability under 18 years of age shall be referred by a community mental health services program before being considered for administrative admission to a facility. An application for the individual's admission shall be executed by a parent, guardian, or, in the absence of a parent or guardian, a person in loco parentis if it is determined that the minor is suitable for admission.
(2) An individual with a developmental disability who is 18 years of age or older and is referred by a community mental health services program may be admitted to a facility on an administrative admission basis if an application for the individual's admission is executed by the individual if competent to do so, or by a guardian if the individual is not competent to do so, and if it is determined that the individual is suitable for admission.
(3) An application for administrative admission shall contain in large type and simple language the substance of sections 510, 511, and 512. At the time of admission, the rights set forth in the application shall be explained to the resident and to the person who executed the application for admission. In addition, a copy of the application shall be given to the resident, the person who executed the application, and to 1 other person designated by the resident.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-TEMPORARY-AND-ADMINISTRATIVE-ADMISSION - Temporary and Administrative Admission (330.1508...330.1512) › Section 330.1510 - Administrative Admission; Preadmission Examination; Report; Reexamination.

330.1510 Administrative admission; preadmission examination; report; reexamination.
Sec. 510.
(1) Before the administrative admission of any individual, the individual may be received by the facility designated and approved by the community mental health services program for up to 10 days in order for a preadmission examination to be conducted. No individual may be administratively admitted unless the individual was referred by the community mental health services program and was given a preadmission examination by the facility for the purpose of determining the individual's suitability for admission.
(2) The preadmission examination shall include mental, physical, social, and educational evaluations, and shall be conducted under the supervision of a registered nurse or other mental health professional possessing at least a master's degree. The results of the examination shall be contained in a report to be made part of the individual's record, and the report shall also contain a statement indicating the most appropriate living arrangement that is necessary to meet the individual's treatment needs.
(3) At least once annually each administratively admitted resident shall be reexamined for the purpose of determining whether he or she continues to be suitable for admission.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-TEMPORARY-AND-ADMINISTRATIVE-ADMISSION - Temporary and Administrative Admission (330.1508...330.1512) › Section 330.1512 - Administrative Admission; Detention Period; Notice of Intention to Leave Facility; Form.

330.1512 Administrative admission; detention period; notice of intention to leave facility; form.
Sec. 512.
(1) A facility may detain an administratively admitted resident for a period not exceeding 3 days from the time that the person who executed the application for the resident's admission gives written notice to the facility of his or her intention that the resident leave the facility.
(2) When a facility is notified of a resident's intention to leave the facility, it shall promptly supply an appropriate form to the person who made the notification and notify the appropriate community mental health services program.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT - Intellectual Disability Treatment (330.1515...330.1522) › Section 330.1515 - Individual With Intellectual Disability; Court Order; Criteria for Admission.

330.1515 Individual with intellectual disability; court order; criteria for admission.
Sec. 515.
A court may order appropriate outpatient treatment or admission into an appropriate treatment facility of an individual 18 years of age or older if the individual has been diagnosed as an individual with an intellectual disability and either of the following applies:
(a) The individual can be reasonably expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another person, and has overtly acted in a manner substantially supportive of that expectation.
(b) The individual has been arrested and charged with an offense that was a result of the intellectual disability.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT - Intellectual Disability Treatment (330.1515...330.1522) › Section 330.1518 - Findings; Disposition.

330.1518 Findings; disposition.
Sec. 518.
(1) If the court finds that an individual does not meet the criteria for treatment, the court shall enter a finding to that effect, shall dismiss the petition, and shall direct that the individual be discharged if he or she has been admitted to a facility prior to the hearing.
(2) If the individual is found to meet the criteria for treatment, the court shall do 1 or a combination of the following:
(a) Order the individual to be admitted to a facility designated by the department and recommended by the community mental health services program.
(b) Order the individual to be admitted to a licensed hospital at the request of the individual or his or her family member, if private funds are to be utilized and the private facility complies with all of the admission, continuing care, and discharge duties and requirements described in this chapter for facilities.
(c) Order the individual to undergo an outpatient program for 1 year of care and treatment recommended by the community mental health services program as an alternative to being admitted to a facility.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT - Intellectual Disability Treatment (330.1515...330.1522) › Section 330.1519 - Alternative Care and Treatment.

330.1519 Alternative care and treatment.
Sec. 519.
(1) Before making an order of disposition under section 518(2), the court must consider ordering a course of care and treatment that is an alternative to admission to a facility. To that end, the court shall review the report submitted to the court under section 516(3), specifically reviewing alternatives and recommendations as provided under section 516(6)(c) and (d).
(2) If the court finds that a program of care and treatment other than admission to a facility is adequate to meet the individual's care and treatment needs and is sufficient to prevent harm or injury that the individual may inflict upon himself, herself, or others, the court shall order the individual to receive whatever care and treatment is appropriate under section 518(2)(c).
(3) If at the end of 1 year it is believed that the individual continues to meet the criteria for treatment, a new petition may be filed under section 516.
(4) If at any time during the 1-year period it comes to the attention of the court either that an individual ordered to undergo a program of alternative care and treatment is not complying with the order or that the alternative care and treatment has not been sufficient to prevent harm or injuries that the individual may be inflicting upon himself, herself, or others, the court may without a hearing and based upon the record and other available information do either of the following:
(a) Consider other alternatives to admission to a facility, modify its original order, and direct the individual to undergo another outpatient program of alternative care and treatment for the remainder of the 1-year period.
(b) Enter a new order under section 518(2)(a) or (b) directing that the individual be admitted to a facility recommended by the community mental health services program. If the individual refuses to comply with this order, the court may direct a peace officer to take the individual into protective custody. After the individual is taken into protective custody, a peace officer or a security transport officer shall transport him or her to the facility recommended by the community mental health services program.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT - Intellectual Disability Treatment (330.1515...330.1522) › Section 330.1520 - Adequate and Appropriate Treatment Required; Inquiry.

330.1520 Adequate and appropriate treatment required; inquiry.
Sec. 520.
Before ordering the admission of an individual, the court shall inquire into the adequacy of care and treatment to be provided to the individual by the designated facility. Admission shall not be ordered unless the recommended facility to which the individual is to be admitted can provide the individual with care and treatment that is adequate and appropriate to his or her condition.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT - Intellectual Disability Treatment (330.1515...330.1522) › Section 330.1521 - Preference as to Facilities.

330.1521 Preference as to facilities.
Sec. 521.
Preference between the facility recommended by the community mental health services program and other available facilities under contract with the community mental health services program shall be given to the facility that can appropriately meet the individual's needs in the least restrictive environment and that is located nearest to the individual's residence. If the individual requests it or there are other compelling reasons for an order reversing the preference, the community mental health services program may place the individual in a facility that is not the nearest to the individual's residence.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-INTELLECTUAL-DISABILITY-TREATMENT - Intellectual Disability Treatment (330.1515...330.1522) › Section 330.1522 - Compensation for Independent Medical or Psychological Examiner.

330.1522 Compensation for independent medical or psychological examiner.
Sec. 522.
An independent medical or licensed psychological examiner appointed for an individual under this chapter shall, if the individual is indigent, be compensated by the county's community mental health services program in an amount that is reasonable and based upon time and expenses.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-DISCHARGES-AND-LEAVES - Discharges and Leaves (330.1525...330.1528) › Section 330.1525 - Discretionary Discharge; Mandatory Discharge; Notice; Statements.

330.1525 Discretionary discharge; mandatory discharge; notice; statements.
Sec. 525.
(1) The director of a facility may at any time discharge an administratively admitted resident or a resident admitted by court order whom the director considers suitable for discharge.
(2) The director of a facility shall discharge a resident admitted by court order when the resident no longer meets the criteria for treatment.
(3) If a resident discharged under subsection (1) or (2) has been admitted to a facility by court order, or if court proceedings are pending, both the court and the community mental health services program shall be notified of the discharge by the facility. If a resident met the criteria for treatment under section 515(b), the prosecuting attorney must also be notified of the discharge by a facility.
(4) If the court orders a person to be admitted under section 515 subsequent to dismissal of felony charges under section 1044(1)(b), the court shall include both of the following statements in the order unless the time for petitioning to refile charges under section 1044 has elapsed:
(a) A requirement that not less than 30 days before the resident's scheduled release or discharge, the director of the treating facility shall notify the prosecutor's office in the county in which charges against the resident were originally brought that the resident's release or discharge is pending.
(b) A requirement that not less than 30 days before the resident's scheduled release or discharge, the resident undergo a competency examination as described in section 1026. A copy of the written report of the examination along with the notice required in subdivision (a) shall be submitted to the prosecutor's office in the county in which the charges against the resident were originally brought. The written report is admissible as provided in section 1030(3).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 382, Imd. Eff. Oct. 23, 1998 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-DISCHARGES-AND-LEAVES - Discharges and Leaves (330.1525...330.1528) › Section 330.1526 - Termination of Alternative Care and Treatment; Notice.

330.1526 Termination of alternative care and treatment; notice.
Sec. 526.
(1) A person providing alternative care and treatment to an individual under section 518(2)(c) may terminate the alternative care and treatment to an individual whom the provider of alternative care and treatment considers suitable for termination of care and treatment and shall terminate the alternative care and treatment when the individual no longer meets the criteria for admission.
(2) Upon termination of alternative care and treatment, the provider of the alternative care and treatment shall notify the court.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-5 - Chapter 5 Civil Admission and Discharge Procedures: Developmental Disabilities (330.1500...330.1541) › 258-1974-5-DISCHARGES-AND-LEAVES - Discharges and Leaves (330.1525...330.1528) › Section 330.1527 - Care and Treatment on Administrative Basis; Aid in Obtaining Other Care and Treatment.

330.1527 Care and treatment on administrative basis; aid in obtaining other care and treatment.
Sec. 527.
If, upon the discharge of an individual admitted by court order or upon termination of alternative care and treatment to an individual receiving care and treatment under section 518(2), the community mental health services program determines that the individual would benefit from the receipt of further care and treatment, the community mental health services program shall make arrangements with the facility or provider of alternative care and treatment to continue to provide appropriate care and treatment to the individual on an administrative basis, or the community mental health services program shall assist the individual to obtain appropriate care and treatment from another source.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 596, Eff. Mar. 28, 2019