Michigan Laws 330.1517 – Hearings; applicable law; duties of court; rights of individual; participation of prosecuting attorney; failure to give notice as ground for adjournment or continuance; change of venue
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Terms Used In Michigan Laws 330.1517
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administrative admission: means the admission of an individual with a developmental disability to a facility under section 509. See Michigan Laws 330.1500
- Continuance: Putting off of a hearing ot trial until a later time.
- 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. See Michigan Laws 330.1500
- 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. See Michigan Laws 330.1500
- 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.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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. See Michigan Laws 330.1500
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(1) A hearing convened to determine whether an individual meets the criteria for treatment is governed by section 517 to 522. Sections 517 to 522 do not apply to a hearing provided for in section 511 concerning an objection to an administrative admission.
(2) Upon receipt of a petition and a report as provided for in section 516 or 532, or receipt of a petition as provided for in section 531, the court shall do all of the following:
(a) Fix a date for a hearing to be held within 7 days, excluding Sundays or holidays, after the court’s receipt of the documents or document.
(b) Fix a place for a hearing, either at a facility or other convenient place, within or outside of the county.
(c) Cause notice of a petition and of the time and place of any hearing to be given to the individual asserted to meet the criteria for treatment, his or her attorney, the petitioner, the prosecuting or other attorney specified in subsection (4), the community mental health services program, the director of a facility to which the individual is admitted, the individual’s spouse if his or her whereabouts are known, the guardian, if any, of the individual, and other relatives or persons as the court may determine. The notice shall be given at the earliest practicable time and sufficiently in advance of the hearing date to permit preparation for the hearing.
(d) Cause the individual to be given within 4 days of the court’s receipt of the documents described in section 516 a copy of the petition, a copy of the report, unless the individual has previously been given a copy of the petition and the report, notice of the right to a full court hearing, notice of the right to be present at the hearing, notice of the right to be represented by legal counsel, notice of the right to demand a jury trial, and notice of the right to an independent clinical or psychological evaluation.
(e) Subsequently give copies of all orders to the persons identified in subdivision (c).
(3) The individual asserted to meet the criteria for treatment is entitled to be represented by legal counsel in the same manner as counsel is provided under section 454, and is entitled to all of the following:
(a) To be present at the hearing.
(b) To have upon demand a trial by jury of 6.
(c) To obtain a continuance for any reasonable time for good cause.
(d) To present documents and witnesses.
(e) To cross-examine witnesses.
(f) To require testimony in court in person from 1 physician or 1 licensed psychologist who has personally examined the individual.
(g) To receive an independent examination by a physician or licensed psychologist of his or her choice on the issue of whether he or she meets the criteria for treatment.
(4) The prosecuting attorney of the county in which a court has its principal office shall participate, either in person or by assistant, in hearings convened by the court of his or her county under this chapter, except that a prosecutor need not participate in or be present at a hearing whenever a petitioner or some other appropriate person has retained private counsel who will be present in court and will present to the court the case for a finding that the individual meets the criteria for treatment.
(5) Unless the individual or his or her attorney objects, the failure to timely notify a spouse, guardian, or other person determined by the court to be entitled to notice is not cause to adjourn or continue any hearing.
(6) The individual, any interested person, or the court on its own motion may request a change of venue because of residence; convenience to parties, witnesses, or the court; or the individual’s mental or physical condition.