Michigan Laws 330.1784 – Summary report; appeal
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(1) Not later than 45 days after receipt of the summary report under section 782, the complainant may file a written appeal with the appeals committee with jurisdiction over the office of recipient rights that issued the summary report.
(2) An appeal under subsection (1) shall be based on 1 of the following grounds:
Terms Used In Michigan Laws 330.1784
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeals committee: means a committee appointed by the director or by the board of a community mental health services program or licensed hospital under section 774. See Michigan Laws 330.1772
- Appellant: means the recipient, complainant, parent, or guardian who appeals a recipient rights finding or a respondent's action to an appeals committee. See Michigan Laws 330.1772
- Complainant: means an individual who files a rights complaint. See Michigan Laws 330.1772
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Investigation: means a detailed inquiry into and systematic examination of an allegation raised in a rights complaint. See Michigan Laws 330.1772
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: means all of the following:
(i) With respect to a rights complaint involving services provided directly by or under contract with the department, unless the provider is a community mental health services program, the state office of recipient rights created under section 754. See Michigan Laws 330.1772Respondent: means the service provider that had responsibility at the time of an alleged rights violation for the services with respect to which a rights complaint has been filed. See Michigan Laws 330.1772 Uphold: The decision of an appellate court not to reverse a lower court decision.
(a) The investigative findings of the office are not consistent with the facts or with law, rules, policies, or guidelines.
(b) The action taken or plan of action proposed by the respondent does not provide an adequate remedy.
(c) An investigation was not initiated or completed on a timely basis.
(3) The office shall advise the complainant that there are advocacy organizations available to assist the complainant in preparing the written appeal and shall offer to refer the complainant to those organizations. In the absence of assistance from an advocacy organization, the office shall assist the complainant in meeting the procedural requirements of a written appeal. The office shall also inform the complainant of the option of mediation under section 786.
(4) Within 5 business days after receipt of the written appeal, members of the appeals committee shall review the appeal to determine whether it meets the criteria set forth in subsection (2). If the appeal is denied because the criteria in subsection (2) were not met, the complainant shall be notified in writing. If the appeal is accepted, written notice shall be provided to the complainant and a copy of the appeal shall be provided to the respondent and the responsible mental health agency.
(5) Within 30 days after receipt of a written appeal, the appeals committee shall meet and review the facts as stated in all complaint investigation documents and shall do 1 of the following:
(a) Uphold the investigative findings of the office and the action taken or plan of action proposed by the respondent.
(b) Return the investigation to the office and request that it be reopened or reinvestigated.
(c) Uphold the investigative findings of the office but recommend that the respondent take additional or different action to remedy the violation.
(d) If the responsible mental health agency is a community mental health services program or a licensed hospital, recommend that the board of the community mental health services program or the governing board of the licensed hospital request an external investigation by the state office of recipient rights.
(6) The appeals committee shall document its decision in writing. Within 10 working days after reaching its decision, it shall provide copies of the decision to the respondent, appellant, recipient if different than the appellant, the recipient’s guardian if a guardian has been appointed, the responsible mental health agency, and the office.