Michigan Laws 330.1498d – Hospitalization of minor; conditions; request by department of human services or county juvenile agency; suitability for hospitalization; determination; “county juvenile agency” defined
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Terms Used In Michigan Laws 330.1498d
- Court: means the probate court or the court with responsibility with regard to mental health services for the county in which a minor who has requested hospitalization, for whom a request for hospitalization has been made, or who has been hospitalized pursuant to this chapter either resides or was found. See Michigan Laws 330.1498b
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor requiring treatment: means either of the following:
(i) A minor with a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. See Michigan Laws 330.1498bperson: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Probate: Proving a will 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. See Michigan Laws 330.1498c
(1) Subject to section 498e and except as otherwise provided in this chapter, section 1074, and section 18s of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18s, a minor of any age may be hospitalized if both of the following conditions are met:
(a) The minor’s parent, guardian, or a person acting in loco parentis for the minor or, in compliance with subsection (2) or (3), the department of human services or county juvenile agency, as applicable, requests hospitalization of the minor under this chapter.
(b) The minor is found to be suitable for hospitalization.
(2) The department of human services may request hospitalization of a minor who is committed to the department of human services under 1935 PA 220, MCL 400.201 to 400.214.
(3) As applicable, the department of human services may request hospitalization of, or the county juvenile agency may request an evaluation for hospitalization of, a minor who is 1 of the following:
(a) A ward of the court under chapter X or XIIA of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70 and 712A.1 to 712A.32, if the department of human services or county juvenile agency is specifically empowered to do so by court order.
(b) Committed to the department of human services or county juvenile agency under the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, except that if the minor is residing with his or her custodial parent, the consent of the custodial parent is required.
(4) Subject to sections 498e, 498f, and 498j, and except as provided in section 1074 and section 18s of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18s, a minor 14 years of age or older may be hospitalized if both of the following conditions are met:
(a) The minor requests hospitalization under this chapter.
(b) The minor is found to be suitable for hospitalization.
(5) In making the determination of suitability for hospitalization, a minor shall not be determined to be a minor requiring treatment solely on the basis of 1 or more of the following conditions:
(a) Epilepsy.
(b) Developmental disability.
(c) Brief periods of intoxication caused by substances such as alcohol or drugs or by dependence upon or addiction to those substances.
(d) Juvenile offenses, including school truancy, home truancy, or incorrigibility.
(e) Sexual activity.
(f) Religious activity or beliefs.
(g) Political activity or beliefs.
(6) As used in this section, “county juvenile agency” means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622.