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Probate Court
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MENTAL
ILLNESS
Mental Illness is
defined by Statute as “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.” MCL 330.1400
(g). Not all mentally ill persons will qualify for involuntary
treatment under the mental health code. To be a person requiring
treatment, the individual must have a mental illness and at least one of
the following factors:
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Can reasonably be
expected within the near future to intentionally or unintentionally
seriously harm himself/herself or another person, and who has
already done so or threatened to do so; or
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Is unable to attend to
his/her basic physical needs such as food, clothing, or shelter; or
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Is unable to understand
his/her need for treatment which may result in significant physical
harm to himself/herself or to others.
MCL 330.1401
A person affected by age, epilepsy,
alcoholism, or drug dependence will be a person requiring treatment only
if they meet one of the above requirements. MCL 330.1401(2).
How psychiatric treatment for
an adult can be obtained
An adult may consent to voluntary
treatment at any private or public facility of his/her choice willing
and able to accept the patient without involvement of the Court. If a
patient agrees to voluntary treatment, they are permitted to leave the
facility at any time, the facility determines that the
patient needs to remain in the facility for treatment. The patient
will then retained and a hearing will be held to determine if further
involuntary hospitalization is required.
If voluntary treatment is not possible
and the Court becomes involved, the Court may order treatment at a
specific location.
Emergency transportation of a
person for evaluation
There are two ways a person can be
involuntarily transported to a facility for treatment: protective
custody pick-ups or transport because of a medical certification.
Protective Custody: If a
police officer observes someone acting in a manner which causes the
officer to reasonably believe that the adult is a “person requiring
treatment” and that the person presents a serious danger to self or
others, the officer may take the individual into protective custody and
transport the individual to a hospital. MCL 330.1427
Transport by Medical Certification:
If an adult voluntarily agrees to be examined by a psychiatrist or
physician and the doctor concludes that the individual is a “person
requiring treatment,” a court order is not necessary. The doctor must
complete a
Clinical Certificate (PCM 208) and the petitioner (the person
requesting treatment of the mentally ill individual) must complete the
Petition/Application for Hospitalization (PCM 201). The Clinical
Certificate and the Petition/Application for Hospitalization can be
shown to the police or an ambulance company so that the person can be
transported to a facility for treatment. The Clinical Certificate and
the Petition must be shown to a police officer or ambulance company
within 72 hours of being completed. Once the Court receives the papers,
a hearing will be held within seven days to determine
whether the patient should remain hospitalized.
Where and how a Petition is
filed (Pick up order)
To file a petition, a person must first
contact Newaygo County Mental Health at 231-689-7330. Community Mental
Health will help with filling out the Petition. For a petition to be
filed in Newaygo County Probate Court, the alleged mentally ill person
must be either a resident of Newaygo County or presently found in
Newaygo County. The petitioner must be at least 18 years of age. There
is no filing fee associated with a Petition/Application for
Hospitalization.
After the petition is filed, several
things may happen before the hearing:
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Once the individual is
transported to the treatment facility, another evaluation will be
made within 24 hours. MCL 330.1429(1). If the examining physician
or psychologist does not find the person to be a “person requiring
treatment,” the individual will be released immediately. MCL
330.1429(1). If the examiner signs a Clinical Certificate, the
individual will be hospitalized pending the hearing, which must be
held within 7 days of the Court receiving the papers.
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If the patient does not
have his/her own attorney, then the court will appoint an attorney
to represent the patient. MCL 330.1454(2).
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Newaygo County Community
Mental Health will prepare an Alternative Treatment Report that the
Judge will study to determine if there is a better alternative to
hospitalization. MCL 330.1453a.
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A deferral meeting will
be held within 72 hours of the filing of the petition. At this time
the attorney who was appointed by the Court will make sure that the
court process is explained to the patient and the patient will be
given the chance to accept the proposed plan of treatment
(deferment) , with the condition that s/he has the right to request
a hearing at any time, and a hearing must be convened by the court
within seven days. MCL 330.1451(8) No hearing will be held if
the patient defers.
At and after the hearing
MCL 330.1455
The patient has the right to an attorney,
a trial by judge or jury, and an independent medical examination. The
county prosecuting attorney will represent the petitioner and the county
at the hearing. Usually, the Judge, court recorder, prosecuting
attorney and the patient’s attorney will come directly to the Mental
Health unit (New Focus) and the hearing will be held at the hospital.
In some instances, the patient may have to be transported to the
courthouse.
A doctor from the hospital will testify
and the petitioner may be asked to testify. At the hearing the court
will decide whether the person is a “person requiring treatment.” The
judge has the option of dismissing the petition or ordering up to 90
days of treatment, which may be a combination of a maximum of 60 days of
hospitalization and outpatient treatment. As the treatment time expires, the
facility may file a
Petition for Second or Continuing Treatment Order (PCM 218) if
continued hospitalization appears necessary. If a Petition for Second or
Continuing Treatment is filed, a hearing will be necessary.
Kevin’s
Law
Kevin's Law took effect on March 30, 2005. Kevin’s
Law allows judges to order outpatient treatment for people with
untreated severe mental illnesses who meet specific criteria, including
a recent history of hospitalizations, incarcerations, or behavior
dangerous to themselves or others because of their illness. The package
of four bills known as Kevin’s Law was championed by Sens. Tom George
(R, 20th District) and Virg Bernero (D, 23rd District) and signed by
Gov. Jennifer Granholm in December.
The new law adds a new
fourth section to the “401 criteria” which refers to the current section
of the mental health code describing a “person requiring treatment” who
is eligible for involuntary commitment:
“Section
401(d) An individual who has mental illness, whose understanding of the
need for treatment is impaired to the point that he or she is unlikely
to participate in treatment voluntarily, who is currently noncompliant
with treatment that has been recommended by a mental health
professional, and that has been determined to be necessary to prevent a
relapse or harmful deterioration of his or her condition and whose
noncompliance with treatment has been a factor in the individual's
placement in a psychiatric hospital, prison, or jail at least 2 times
within the last 48 months or whose noncompliance with treatment has been
a factor in the individual's committing 1 or more acts, attempts, or
threats of serious violent behavior within the last 48 months. An
individual under this subdivision is only eligible to receive assisted
outpatient treatment under section 433 or 469a.”
Assisted
Outpatient Criteria—401(d)
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An individual with
a mental illness, who is unlikely to participate voluntarily in
treatment and who is currently non-compliant with recommended
treatment.
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The individual’s
non-compliance is a factor in either of the following in the last 4
years:
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2 placements
in a psychiatric hospital, prison or jail;
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An act,
attempt or threat of serious violent behavior
As in the current
commitment process, any individual may file a petition with the court.
The AOT petition does not need to be accompanied by a clinical
certification, but must contain the facts, any witnesses, the name and
address of the mental health professional currently providing care, as
well as the nearest relative or guardian, or if not known, the name and
address of a friend of the subject. Upon receipt of an AOT petition,
the court will serve notice on the subject of the petition and the CMH serving
the subject’s community that the court will hold a hearing, which
includes representation by legal counsel, option for a jury, right to
present documents, witnesses and to cross-examine, the requirement for testimony or
deposition of a physician or licensed psychologist including the
subject’s choice of an independent physician or psychologist. The
individual has a right to appeal.
If in the hearing, the
court verifies that the subject of the petition meets AOT criteria, and
he or she is not scheduled to begin a course of outpatient mental health
treatment that includes case management services or assertive community
treatment team services, the court may order AOT to be delivered through
his or her CMH and/or any other public funded entity.
The order must include
case management services. The order may include 1 or more of the
following:
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Medication.
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Blood or
urinalysis tests to determine compliance with or effectiveness of
prescribed medications.
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Individual or
group therapy.
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Day or partial day
programs.
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Educational and
vocational training.
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Supervised living.
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Assertive
community treatment team services.
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Alcohol or
substance abuse treatment, or both.
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Alcohol or
substance abuse testing, or both, for individuals with a history of
alcohol or substance abuse and for whom that testing is necessary to
prevent a deterioration of their condition. A court order for
alcohol or substance abuse testing shall be subject to review every
6 months.
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Any other services
prescribed to treat the individual's mental illness and to either
assist the individual in living and functioning in the community or
to help prevent a relapse or deterioration that may reasonably be
predicted to result in suicide or the need for hospitalization.
An order of AOT has no
time limit.
During the period of
an AOT order, the supervising agency or mental health professional must
notify the court if the individual is not complying with the court order
at which point the court may require, without a hearing,
that the individual be taken to the CMH preadmission screening unit
and/or that the individual be hospitalized for a period of not more than
10 days. The court, upon recommendation from the CMH, may require that
the individual be hospitalized for a period of up to 90 days, but not
longer than the duration of the AOT order. The individual may object to
hospitalization and obtain a hearing.
Additional information can be found at
www.nami.org -
National Alliance on Mental Illness.
1092 Newell St. PO Box 885
White Cloud, Michigan 49349
Phone: (231) 689-7270
Fax: (231) 689-7276
Email:
kerrie@co.newaygo.mi.us
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