Michigan Laws 330.1266 – Petition requesting court determination whether services necessary for minor; appointment of guardian ad litem; notice of hearing; right to independent diagnostic evaluation; hearing; determinati
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Terms Used In Michigan Laws 330.1266
- Court: means the probate court for the county in which an individual, for whom a request for substance use disorder treatment and rehabilitation services has been made or a petition for involuntary treatment has been filed, either resides or is found. See Michigan Laws 330.1260
- 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: means an individual 14 or more years of age and less than 18 years of age. See Michigan Laws 330.1260
- Person in loco parentis: means an individual who is not the parent or guardian of a child or minor but who has legal custody of the child or minor and is providing support and care for the child or minor. See Michigan Laws 330.1260
- Probate: Proving a will
- Program: means a hospital, clinic, organization, or health professional licensed under part 62 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 330.1260
(1) A minor‘s parent or person in loco parentis to a minor may petition the court requesting the court’s determination as to whether treatment and rehabilitation services are necessary for the minor.
(2) Upon receipt of a petition under subsection (1), the court shall appoint a guardian ad litem to represent the minor for the purposes of this section and section 267 and 268 and shall notify all of the following persons of the time and place for the hearing:
(a) The minor’s parents or person in loco parentis to the minor.
(b) The minor.
(c) The program director.
(d) The guardian ad litem for the minor.
(3) A minor has the right to an independent diagnostic evaluation by a program.
(4) A hearing on a petition under subsection (1) shall be held within 7 days of the court’s receipt of the petition.
(5) At a hearing under this section, the court shall determine whether substance use disorder treatment and rehabilitation services are necessary. If the court determines that substance use disorder treatment and rehabilitation services are necessary, the court shall determine a suitable placement for the minor in the least restrictive setting available.
(6) In making the determinations under subsection (5), the court shall obtain and examine the diagnostic evaluation prepared for the minor under section 265. If an independent diagnostic evaluation was prepared, the court shall examine that evaluation. Information obtained under this section shall not be used to authorize a petition under section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(7) The court shall not order substance use disorder treatment and rehabilitation services under this section on the grounds that the minor’s parent or person in loco parentis to the minor is unwilling or unable to provide or arrange for the minor’s management, care, or residence.
(8) Court records maintained under this section are confidential and open only by order of the court to persons having a legitimate interest.