Michigan Laws 330.1498m – Objection to hospitalization; violation as misdemeanor
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(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.
Terms Used In Michigan Laws 330.1498m
- 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.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- 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. See Michigan Laws 330.1498c
(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.