Michigan Laws 330.1623 – Placement of individual with developmental disability in facility; appropriateness of placement; appropriate treatment and residential programs; reports from public agencies
Current as of: 2024 | Check for updates
|
Other versions
(1) A guardian, whether plenary or partial, appointed under this chapter shall not have the power, unless specified by court order, to place an individual with a developmental disability in a facility.
(2) Before authorizing the placement of a respondent in a facility, the court shall inquire into and determine the appropriateness of the placement.
Terms Used In Michigan Laws 330.1623
- Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of an individual with developmental disability, or for the county in which the individual was found if a county of residence cannot be determined. See Michigan Laws 330.1600
- Facility: means all of the following that regularly admit individuals with developmental disability and provide residential and other services:
(i) A facility as defined in section 100b. See Michigan Laws 330.1600Guardian: 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. Respondent: means the individual who is the subject of a petition for guardianship filed under this chapter. See Michigan Laws 330.1600
(3) Before authorizing a guardian to make application to place an individual with a developmental disability in a facility, the court shall determine, in conjunction with the appropriate community mental health services program, whether the placement offers appropriate treatment and residential programs to meet the needs of the respondent and whether there is a less restrictive treatment and residential program available. In ordering a placement, the court shall give preference to an available less restrictive treatment and residential program provided that it is adequate and appropriate to meet the respondent’s needs. The court or counsel may request reports from public agencies on the suitability of a particular placement for a respondent.