Michigan Laws 330.1448 – Right to copy of certain documents; explanation in individual’s language; consent to treatment by person awaiting hearing; form
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 330.1448
- Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of the subject of a petition, or for the county in which the subject of a petition was found. See Michigan Laws 330.1400
- person requiring treatment: means (a), (b), or (c):
(a) An individual who has mental illness, and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. See Michigan Laws 330.1401Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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 section 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.