Michigan Laws 330.1531 – Review of status; frequency; disposition and notice of results; objection; hearing; petition for discharge
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Terms Used In Michigan Laws 330.1531
- 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.
- 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
(1) Every resident admitted by court order has the right to regular, adequate, and prompt review of his or her current status as an individual meeting the criteria for treatment. Six months after the date of an order of treatment, and every 6 months after that, the director of a facility to which a resident was admitted shall review the resident’s status as an individual meeting the criteria for treatment.
(2) The results of each periodic review shall be made part of the resident’s record, and shall be filed within 5 days of the review in the form of a written report with the court that ordered the resident’s admission, and within the 5 days, notice of the results of the review shall be given by the facility to the resident, his or her attorney, and his or her nearest relative or guardian.
(3) If the report concludes that the resident continues to meet the criteria for treatment, and the resident or someone on his or her behalf objects to that conclusion, the resident has the right to a hearing and all other rights expressed or implied in section 517 to 522 and may petition the court for discharge. The petition shall be presented to the court or a representative of the facility within 7 days, excluding Sundays and holidays, after the report is received. If the petition is presented to a representative of the facility, the representative shall transmit it to the court immediately.