reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1408 - Return of Patient to Hospital; Conditions; Notification of Peace Officers or Security Transport Officers; Protective Custody; Notice of Opportunity to Appeal.

330.1408 Return of patient to hospital; conditions; notification of peace officers or security transport officers; protective custody; notice of opportunity to appeal.
Sec. 408.
(1) An individual is subject to being returned to a hospital if both of the following circumstances exist:
(a) The individual was admitted to the hospital by judicial order.
(b) The individual has left the hospital without authorization, or has refused a lawful request to return to the hospital while on an authorized leave or other authorized absence from the hospital.
(2) The hospital director may notify a peace officer or a security transport officer that an individual is subject to being returned to the hospital. Upon notification by the hospital director, a peace officer must take the individual into protective custody. After the individual is taken into protective custody, a police officer or security transport officer must transport the individual to a hospital.
(3) An opportunity for appeal, and notice of that opportunity, must be provided to an individual who objects to being returned from any authorized leave in excess of 10 days.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1986, Act 301, Imd. Eff. Dec. 22, 1986 ;-- 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1410 - Informal or Formal Voluntary Admission; Authorization by Preadmission Screening Unit.

330.1410 Informal or formal voluntary admission; authorization by preadmission screening unit.
Sec. 410.
Except as otherwise provided in section 402a, an individual who requests, applies for, or assents to either informal or formal voluntary admission to a hospital or outpatient treatment program operated by the department or a hospital or outpatient treatment program under contract with a community mental health services program may be considered for admission by the hospital or outpatient treatment program only after authorization by a community mental health services preadmission screening unit.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 556, Imd. Eff. Jan. 3, 2005 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-INFORMAL-VOLUNTARY-ADMISSION - Informal Voluntary Admission (330.1411...330.1412) › Section 330.1411 - Informal Voluntary Hospitalization; Request.

330.1411 Informal voluntary hospitalization; request.
Sec. 411.
Subject to section 410, an individual 18 years of age or over may be hospitalized as an informal voluntary patient if he or she requests hospitalization as an informal voluntary patient and if the hospital director considers the individual to be clinically suitable for that form of hospitalization. Unless the hospital requires that the request be made in writing, the individual may make the request orally.
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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-INFORMAL-VOLUNTARY-ADMISSION - Informal Voluntary Admission (330.1411...330.1412) › Section 330.1412 - Informal Voluntary Hospitalization; Termination; Notice.

330.1412 Informal voluntary hospitalization; termination; notice.
Sec. 412.
An informal voluntary patient shall be allowed to terminate his hospitalization and leave the hospital at any time during the normal day shift hours of the hospital, and the hospital shall so inform the patient at the time he is hospitalized. The patient shall inform the person in charge of his ward or other appropriate person of his decision to terminate his hospitalization and leave the hospital.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINO - Formal Voluntary Admission (Includes Admission of Minors Through Application of Parent or Guardian) (330.1415...330.1422) › Section 330.1415 - Formal Voluntary Hospitalization; Written Consent to Mental Health Treatment.

330.1415 Formal voluntary hospitalization; written consent to mental health treatment.
Sec. 415.
Subject to section 410, an individual 18 years of age or over may be hospitalized or otherwise treated as a formal voluntary patient if either of the following applies:
(a) The individual executes a written consent with the mental health facility for mental health treatment as a formal voluntary patient.
(b) The full or limited guardian with authority to execute a written consent to mental health treatment, or a patient advocate authorized by the individual to make mental health treatment decisions under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, executes a written consent to provide mental health treatment.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 557, Imd. Eff. Jan. 3, 2005 ;-- Am. 2018, Act 595, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINO - Formal Voluntary Admission (Includes Admission of Minors Through Application of Parent or Guardian) (330.1415...330.1422) › Section 330.1416 - Mental Health Treatment; Communication of Patient Rights; Copies of Written Consent.

330.1416 Mental health treatment; communication of patient rights; copies of written consent.
Sec. 416.
Upon commencement of mental health treatment, the rights that the patient has during the mental health treatment, including the right to object to the mental health treatment, must be orally communicated to the patient and to the individual who executed the written consent. In addition, a copy of the written consent must be given to the patient and the individual who executed the written consent and to 1 other individual designated by the patient.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 595, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINO - Formal Voluntary Admission (Includes Admission of Minors Through Application of Parent or Guardian) (330.1415...330.1422) › Section 330.1417, 330.1418 - Repealed. 1984, Act 186, Imd. Eff. July 3, 1984.

330.1417, 330.1418 Repealed. 1984, Act 186, Imd. Eff. July 3, 1984.
Compiler's Notes:
The repealed sections pertained to objections to formal voluntary hospitalization of minor.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINO - Formal Voluntary Admission (Includes Admission of Minors Through Application of Parent or Guardian) (330.1415...330.1422) › Section 330.1419 - Termination of Formal Voluntary Hospitalization or Mental Health Treatment; Written Notice; Time Limitation; Written Form.

330.1419 Termination of formal voluntary hospitalization or mental health treatment; written notice; time limitation; written form.
Sec. 419.
(1) Except as is provided in section 420, a formal voluntary patient 18 years of age or over shall not be hospitalized or provided mental health treatment for more than 3 days, excluding Sundays and holidays, after the patient, the full or limited guardian with authority to consent to mental health treatment, or a patient advocate authorized by the individual to make mental health treatment decisions under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, gives written notice of an intention to terminate the patient's mental health treatment.
(2) When the hospital or provider of mental health treatment is told of an intention to terminate mental health treatment under subsection (1), it shall promptly supply the written form that is required.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 2018, Act 595, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINO - Formal Voluntary Admission (Includes Admission of Minors Through Application of Parent or Guardian) (330.1415...330.1422) › Section 330.1420 - Continuing Hospitalization or Mental Health Treatment Where Notice of Termination Not Withdrawn; Filing Petition With Court; Clinical Certificates; Hearings.

330.1420 Continuing hospitalization or mental health treatment where notice of termination not withdrawn; filing petition with court; clinical certificates; hearings.
Sec. 420.
If a written notice of termination of mental health treatment is given to a hospital or provider of mental health treatment under section 419, if the notice is not withdrawn, and if the hospital director or provider of mental health treatment determines that the patient is a person requiring treatment and should remain in the hospital or continue to receive mental health treatment, the hospital director, provider of mental health treatment, or other suitable person shall within 3 days after receipt of the notice file a petition with the court that complies with section 434. The petition shall be accompanied by 1 clinical certificate executed by a psychiatrist and 1 clinical certificate executed by either a physician or a licensed psychologist. If a petition is filed, the hospital or provider of mental health may continue hospitalization or mental health treatment of the patient pending hearings convened under sections 451 to 465.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 595, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FORMAL-VOLUNTARY-ADMISSION-INCLUDES-ADMISSION-OF-MINO - Formal Voluntary Admission (Includes Admission of Minors Through Application of Parent or Guardian) (330.1415...330.1422) › Section 330.1422 - Receipt and Detention of Individuals Under MCL 330.1426, 330.1427 or 330.1435, 330.1436, or 330.1438; Designation of Hospitals.

330.1422 Receipt and detention of individuals under MCL 330.1426, 330.1427 or 330.1435, 330.1436, or 330.1438; designation of hospitals.
Sec. 422.
(1) Each community mental health services program shall designate the hospitals with which it has a contract to receive and detain individuals under section 426, 427, 435, 436, or 438.
(2) Each community mental health services program shall give notice of the hospitals designated under subsection (1) to the department and to the probate court of each county in the program's service area.
(3) The department shall designate any additional hospitals that are required to receive and detain individuals presented for examination under section 426, 427, 435, 436, or 438.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 317, Imd. Eff. Aug. 27, 2004 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1423 - Hospitalization Pending Certification by Psychiatrist; Petition, Execution of Physician's or Psychologist's Clinical Certificate, and Authorization by Preadmission Screening Unit.

330.1423 Hospitalization pending certification by psychiatrist; petition, execution of physician's or psychologist's clinical certificate, and authorization by preadmission screening unit.
Sec. 423.
A hospital designated by the department or by a community mental health services program shall hospitalize an individual presented to the hospital, pending receipt of a clinical certificate by a psychiatrist stating that the individual is a person requiring treatment, if a petition, a physician's or a licensed psychologist's clinical certificate, and an authorization by a preadmission screening unit have been executed. For an individual hospitalized under this section, a petition shall have been executed not more than 10 days before the presentation of the individual to the hospital, and the petition must meet the conditions set forth in section 434(1) and (2).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1424 - Repealed. 2016, Act 320, Eff. Feb. 14, 2017.

330.1424 Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Compiler's Notes:
The repealed section pertained to application for hospitalization under MCL 330.1423.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1425 - Execution of Physician's or Psychologist's Clinical Certificate.

330.1425 Execution of physician's or psychologist's clinical certificate.
Sec. 425.
A physician's or a licensed psychologist's clinical certificate required for hospitalization of an individual under section 423 shall have been executed after personal examination of the individual named in the clinical certificate, and within 72 hours before the time the clinical certificate is received by the hospital. The clinical certificate may be executed by any physician or licensed psychologist, including a physician or licensed psychologist who is a staff member or employee of the hospital that received the clinical certificate.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1426 - Protective Custody; Receipt of Petition and Physician's or Psychologist's Clinical Certificate by Peace Officer; Transportation.

330.1426 Protective custody; receipt of petition and physician's or psychologist's clinical certificate by peace officer; transportation.
Sec. 426.
Upon delivery to a peace officer of a petition and a physician's or licensed psychologist's clinical certificate, the peace officer must take the individual named in the petition into protective custody and transport the individual immediately to the preadmission screening unit or hospital designated by the community mental health services program for hospitalization under section 423. If the individual taken to a preadmission screening unit meets the requirements for hospitalization, then unless the community mental health services program makes other transportation arrangements, the peace officer must take the individual to a hospital designated by the community mental health services program. The community mental health services program may arrange for a security transport officer to transport the individual to the hospital. Transportation to another hospital due to a transfer is the responsibility of the community mental health services program.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1427a - Protective Custody; Use of Force; Protective Steps; Individual Not Under Arrest; Entry.

330.1427a Protective custody; use of force; protective steps; individual not under arrest; entry.
Sec. 427a.
(1) If a peace officer is taking an individual into protective custody, the peace officer may use that kind and degree of force that would be lawful if the peace officer were effecting an arrest for a misdemeanor without a warrant. In taking an individual into custody, a peace officer may take reasonable steps for self-protection. In transporting an individual, a security transport officer may take reasonable steps for self-protection. The protective steps may include a pat down search of the individual in the individual's immediate surroundings, but only to the extent necessary to discover and seize a dangerous weapon that may be used against the peace officer, security transport officer, or other individual present. These protective steps must be taken by the peace officer or security transport officer before the individual is transported to a preadmission screening unit or a hospital designated by the community mental health services program.
(2) Taking an individual to a community mental health services program's preadmission screening unit or a hospital under section 427 by a peace officer is not an arrest, but is a taking into protective custody. The peace officer must inform the individual that he or she is being held in protective custody and is not under arrest. An entry must be made indicating the date, time, and place of the taking, but the entry must not be treated for any purpose as an arrest or criminal record.
History:
Add. 1978, Act 598, Imd. Eff. Jan. 4, 1979 ;-- 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1427b - Liability of Peace Officer or Security Transport Officer.

330.1427b Liability of peace officer or security transport officer.
Sec. 427b.
(1) A peace officer or security transport officer acting under this act has the same immunity provided for a governmental employee under section 7 of 1964 PA 170, MCL 691.1407.
(2) Neither a county nor a county mental health transportation panel is civilly liable for an act or omission of a security transport officer or a private security company contracted with a county under section 170.
History:
Add. 1978, Act 598, Imd. Eff. Jan. 4, 1979 ;-- 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1428 - Repealed. 2016, Act 320, Eff. Feb. 14, 2017.

330.1428 Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Compiler's Notes:
The repealed section pertained to inability of applicant for hospitalization to secure examination.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1429 - Examination; Detention Period.

330.1429 Examination; detention period.
Sec. 429.
(1) A hospital designated under section 422 shall receive and detain an individual presented for examination under section 426, 427, 435, 436, or 438, for not more than 24 hours. During that time the individual must be examined by a physician or a licensed psychologist unless a clinical certificate has already been presented to the hospital. If the examining physician or psychologist does not certify that the individual is a person requiring treatment, the individual shall be released immediately. If the examining physician or psychologist executes a clinical certificate, the individual may be hospitalized under section 423.
(2) If a preadmission screening unit provides an examination under section 409, 410, or 427, the examination shall be conducted as soon as possible after the individual arrives at the preadmission screening site, and the examination must be completed within 2 hours, unless there are documented medical reasons why the examination cannot be completed within that time frame or other arrangements are agreed upon by the peace officer or security transport officer and the preadmission screening unit.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1430 - Examination; Time; Certification.

330.1430 Examination; time; certification.
Sec. 430.
If a patient is hospitalized under section 423, the patient shall be examined by a psychiatrist as soon after hospitalization as is practicable, but not later than 24 hours, excluding legal holidays, after hospitalization. The examining psychiatrist shall not be the same physician upon whose clinical certificate the patient was hospitalized. If the psychiatrist does not certify that the patient is a person requiring treatment, the patient shall be released immediately. If the psychiatrist does certify that the patient is a person requiring treatment, the patient's hospitalization may continue pending hearings convened pursuant to sections 451 to 465.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-MEDICAL-CERTIFICATION - Admission by Medical Certification (330.1423...330.1431) › Section 330.1431 - Notices; Documents.

330.1431 Notices; documents.
Sec. 431.
(1) Within 24 hours after receipt of a clinical certificate by a psychiatrist according to section 430, the hospital director shall transmit a notice to the court that the patient has been hospitalized. The notice shall be accompanied by the petition and the 2 clinical certificates that were executed.
(2) A copy of the petition, a copy of the 2 clinical certificates, and a statement of the right of the patient to court hearings under sections 451 to 465 shall also be given or mailed to the patient's nearest relative, his or her guardian, if any, and his or her attorney.
(3) The patient shall be asked if he or she desires that the documents listed in subsection (2) be sent to any other persons, and at least 2 of any persons the patient designates shall be sent the documents.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1433 - Repealed. 2016, Act 320, Eff. Feb. 14, 2017.

330.1433 Repealed. 2016, Act 320, Eff. Feb. 14, 2017.
Compiler's Notes:
The repealed section pertained to petition for assisted outpatient treatment.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1434 - Petition; Filing; Contents; Clinical Certificate; Confidentiality; Assisted Outpatient Treatment; Petition Not Seeking Hospitalization.

330.1434 Petition; filing; contents; clinical certificate; confidentiality; assisted outpatient treatment; petition not seeking hospitalization.
Sec. 434.
(1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.
(2) The petition shall contain the facts that are the basis for the assertion, the names and addresses, if known, of any witnesses to the facts, and, if known, the name and address of the nearest relative or guardian, or, if none, a friend, if known, of the individual.
(3) Except as provided in subsection (7), the petition shall be accompanied by the clinical certificate of a physician or a licensed psychologist, unless after reasonable effort the petitioner could not secure an examination. If a clinical certificate does not accompany the petition, the petitioner shall set forth the reasons an examination could not be secured within the petition. The petition may also be accompanied by a second clinical certificate. If 2 clinical certificates accompany the petition, at least 1 clinical certificate must have been executed by a psychiatrist.
(4) Except as otherwise provided in subsection (7) and section 455, a clinical certificate that accompanies a petition must have been executed within 72 hours before the filing of the petition, and after personal examination of the individual.
(5) If the individual is found not to be a person requiring treatment under this section, the petition and any clinical certificate shall be maintained by the court as a confidential record to prevent disclosure to any person who is not specifically authorized under this chapter to receive notice of the petition or clinical certificate.
(6) The petition described in this section may assert that the subject of the petition should receive assisted outpatient treatment in accordance with section 468(2)(d).
(7) A petition that does not seek hospitalization but only requests that the subject of the petition receive assisted outpatient treatment is not subject to subsection (3) or (4).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 113, Eff. Aug. 8, 2016 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1435 - Examination; Order; Detention Period; Transmitting Clinical Certificate or Report to Court; Third Examination Report; Dismissal of Petition; Section Inapplicable to Petition Under MCL 330.1434(7).

330.1435 Examination; order; detention period; transmitting clinical certificate or report to court; third examination report; dismissal of petition; section inapplicable to petition under MCL 330.1434(7).
Sec. 435.
(1) If the petition is accompanied by 1 clinical certificate, the court shall order the individual to be examined by a psychiatrist.
(2) If the petition is not accompanied by a clinical certificate, and if the court is satisfied a reasonable effort was made to secure an examination, the court shall order the individual to be examined by a psychiatrist and either a physician or a licensed psychologist.
(3) The individual may be received and detained at the place of examination as long as necessary to complete the examination or examinations, but not more than 24 hours.
(4) After an examination ordered under subsection (1), the examining psychiatrist shall either transmit a clinical certificate to the court or report to the court that execution of a clinical certificate is not warranted. After each examination ordered under subsection (2), the examining psychiatrist, or the examining physician or licensed psychologist, as applicable, shall either transmit a clinical certificate to the court or report to the court that execution of a clinical certificate is not warranted.
(5) If 1 examination was ordered and the examining psychiatrist reports that execution of a clinical certificate is not warranted, or if 2 examinations were ordered and 1 of the examining physicians or the licensed psychologist reports that execution of a clinical certificate is not warranted, the court shall dismiss the petition or order the individual to be examined by a psychiatrist, or if a psychiatrist is not available, by a physician or licensed psychologist. If a third examination report states that execution of a clinical certificate is not warranted, the court shall dismiss the petition.
(6) This section does not apply to a petition filed under section 434(7).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1436 - Noncompliance With Order of Examination or Evaluation; Protective Custody; Petition for Involuntary Hospitalization; Hearing.

330.1436 Noncompliance with order of examination or evaluation; protective custody; petition for involuntary hospitalization; hearing.
Sec. 436.
(1) If it appears to the court that the individual will not comply with an order of examination under section 435, the court may order a peace officer to take the individual into protective custody. After the individual is taken into protective custody, a peace officer or security transport officer must transport the individual to a preadmission screening unit or hospital designated by the community mental health services program or to another suitable place for the ordered examination or examinations.
(2) A court order for a peace officer to take an individual into protective custody and transport the individual as described in subsection (1) must be executed within 10 days after the court enters the order. If the order is not executed within 10 days after the court enters the order, the law enforcement agency must report to the court the reason the order was not executed within the prescribed time period.
(3) Following the filing of a petition for assisted outpatient treatment, if it comes to the court's attention that the individual will not make themself available for an evaluation, the court may order a peace officer to take the individual into protective custody. After the individual is taken into protective custody, a peace officer or security transport officer shall transport the individual to the designated preadmission screening unit or hospital. The court must be satisfied that reasonable effort was made to secure an examination before the court orders an individual to be taken into protective custody and transported for an evaluation. At the time the individual arrives at the preadmission screening unit or hospital, the preadmission screening unit or hospital must complete an assessment that includes an examination upon the arrival of the individual and release the individual following the conclusion of the examination unless the medical professional who examines the individual finds the need for immediate hospitalization. If immediate hospitalization is necessary, the director must file a petition, accompanied by 2 clinical certificates, with the probate court within 24 hours after the medical professional's finding. The petition must request involuntary hospitalization and may request a combination of hospitalization and assisted outpatient treatment. The court must set a hearing in accordance with section 452(1).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 593, 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1437 - Right to Remain in Home Pending Examination; Right to Return to Home; Accompaniment by Relatives or Friends.

330.1437 Right to remain in home pending examination; right to return to home; accompaniment by relatives or friends.
Sec. 437.
Unless the individual has been ordered hospitalized pursuant to section 438, he shall be allowed to remain in his home or other place of residence pending an ordered examination or examinations and to return to his home or other place of residence upon completion of the examination or examinations. The individual may be accompanied by one or more of his relatives or friends to the place of examination.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1438 - Order of Hospitalization; Protective Custody; Transportation; Conditions to Release After 24 Hours.

330.1438 Order of hospitalization; protective custody; transportation; conditions to release after 24 hours.
Sec. 438.
If it appears to the court that the individual requires immediate assessment because the individual presents a substantial risk of significant physical or mental harm to themself in the near future or presents a substantial risk of significant physical harm to others in the near future, the court may order the individual hospitalized and may order a peace officer to take the individual into protective custody and transport the individual to a preadmission screening unit designated by the community mental health services program. After the individual is taken into protective custody by a peace officer, the court may, also, order a security transport officer to transport the individual to a preadmission screening unit designated by the community mental health services program. If the preadmission screening unit authorizes hospitalization, the peace officer or security transport officer must transport the individual to a hospital designated by the community mental health services program, unless other arrangements are provided by the preadmission screening unit. If the examinations and clinical certificates of the psychiatrist, and the physician or the licensed psychologist, are not completed within 24 hours after hospitalization, the individual must be released.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
Compiler's Notes:
Act 593 of 2018 did not amend this section and evidently should not have been cited as amended.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-ADMISSION-BY-PETITION - Admission by Petition (330.1433...330.1439) › Section 330.1439 - Cause of Action Against Person Filing Petition.

330.1439 Cause of action against person filing petition.
Sec. 439.
(1) A cause of action is not cognizable against a person who in good faith files a petition under this chapter alleging that an individual is a person requiring treatment, unless the petition is filed as the result of an act or omission amounting to gross negligence or willful and wanton misconduct.
(2) A cause of action is not cognizable against a preadmission screening unit or its employees or contractors or a crisis stabilization unit or its employees or contractors, who in good faith makes a determination as to whether an individual is a person requiring treatment or not, unless the determination is the result of an act or omission amounting to gross negligence or willful and wanton misconduct.
History:
Add. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERSONS-65-AND-OLDER - Persons 65 and Older (330.1441...330.1444) › Section 330.1441-330.1444 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1441-330.1444 Repealed. 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-TELEPHONE-AND-NOTICE-RIGHTS - Telephone and Notice Rights (330.1447...330.1449) › Section 330.1447 - Telephone Calls.

330.1447 Telephone calls.
Sec. 447.
Immediately after an individual is received at a hospital for hospitalization under section 423 or 438, or for examination under any provision of this chapter, he or she shall be allowed to complete a reasonable number of telephone calls to persons of his or her own choice. In no event shall the calls be limited to less than 2. If the individual has insufficient funds on his or her person, at least 2 calls shall be allowed at the expense of the hospital.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-TELEPHONE-AND-NOTICE-RIGHTS - Telephone and Notice Rights (330.1447...330.1449) › Section 330.1448 - Right to Copy of Certain Documents; Explanation in Individual's Language; Consent to Treatment by Person Awaiting Hearing; Form.

330.1448 Right to copy of certain documents; explanation in individual's language; consent to treatment by person awaiting hearing; form.
Sec. 448.
(1) Not later than 12 hours after an individual is hospitalized under section 423 or 438, the hospital director shall ensure that the individual receives all of the following:
(a) A copy of the petition that asserted that the individual is a person requiring treatment.
(b) A written statement explaining that the individual will be examined by a psychiatrist within 24 hours after his or her hospitalization.
(c) A written statement in simple terms explaining the rights of the individual to a full court hearing according to sections 451 to 465, to be present at the hearing, to be represented by legal counsel, to a jury trial, and to an independent clinical evaluation.
(2) If the individual is unable to read or understand the written materials, every effort shall be made to explain them to him or her in a language he or she understands, and a note of the explanation and by whom made shall be entered into his or her patient record.
(3) An individual awaiting a court hearing mandated under section 452 may sign a form provided by the department accepting psychotropic drugs and other treatment without having to consent to the hospitalization, unless the hospital director has reason to believe the individual is not capable of giving informed consent to treatment.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 178, Imd. Eff. June 14, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-TELEPHONE-AND-NOTICE-RIGHTS - Telephone and Notice Rights (330.1447...330.1449) › Section 330.1449 - Right to Copy of Clinical Certificate.

330.1449 Right to copy of clinical certificate.
Sec. 449.
The hospital director shall ensure that an individual who is hospitalized under section 423 or 438 receives a copy of each clinical certificate executed in connection with the individual's hospitalization. Each clinical certificate shall be delivered to the individual within 24 hours of either the clinical certificate's completion or receipt of the clinical certificate by the hospital.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PRELIMINARY-HEARING - Preliminary Hearing (330.1450...330.1450) › Section 330.1450 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1450 Repealed. 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) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1451 - Court Hearings; Applicable Provisions.

330.1451 Court hearings; applicable provisions.
Sec. 451.
Court hearings convened under authority of this chapter are governed by sections 452 to 465, except that sections 453(2), 453a, and 455(3) to (11) do not apply to a petition seeking only assisted outpatient treatment.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1452 - Court Hearing; Date; Receipt of Certain Documents.

330.1452 Court hearing; date; receipt of certain documents.
Sec. 452.
(1) The court shall fix a date for every hearing convened under this chapter. Except as provided in subsection (2), the hearing shall be convened promptly, but not more than 7 days after the court's receipt of any of the following:
(a) A petition for a determination that an individual is a person requiring treatment, a clinical certificate executed by a physician or a licensed psychologist, and a clinical certificate executed by a psychiatrist.
(b) A petition for a determination that an individual continues to be a person requiring treatment and a clinical certificate executed by a psychiatrist.
(c) A petition for discharge filed under section 484.
(d) A demand or notification that a hearing that has been temporarily deferred under section 455(6) be convened.
(2) A hearing for a petition under section 434(7) shall be convened not more than 28 days after the filing of the petition, unless the petition was filed while the subject of the petition was an inpatient at a psychiatric hospital, in which case the hearing shall be convened within 7 days of the filing of the petition.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1976, Act 346, Imd. Eff. Dec. 21, 1976 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019