Michigan Laws 330.1778 – Investigation; initiation; recording; standard of proof; written status report; written investigative report; new evidence
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(1) The office shall initiate investigation of apparent or suspected rights violations in a timely and efficient manner. Subject to delays involving pending action by external agencies as described in subsection (5), the office shall complete the investigation not later than 90 days after it receives the rights complaint. Investigation shall be initiated immediately in cases involving alleged abuse, neglect, serious injury, or death of a recipient involving an apparent or suspected rights violation.
(2) Investigation activities for each rights complaint shall be accurately recorded by the office.
Terms Used In Michigan Laws 330.1778
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Investigation: means a detailed inquiry into and systematic examination of an allegation raised in a rights complaint. See Michigan Laws 330.1772
- 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 Rights complaint: means a written or oral statement that meets the requirements of section 776. See Michigan Laws 330.1772
(3) The office shall determine whether a right was violated by using the preponderance of the evidence as its standard of proof.
(4) The office shall issue a written status report every 30 calendar days during the course of the investigation. The report shall be submitted to the complainant, the respondent, and the responsible mental health agency. A status report shall include all of the following:
(a) Statement of the allegations.
(b) Statement of the issues involved.
(c) Citations to relevant provisions of this act, rules, policies, and guidelines.
(d) Investigative progress to date.
(e) Expected date for completion of the investigation.
(5) Upon completion of the investigation, the office shall submit a written investigative report to the respondent and to the responsible mental health agency. Issuance of the written investigative report may be delayed pending completion of investigations that involve external agencies, including law enforcement agencies and the department of social services. The report shall include all of the following:
(a) Statement of the allegations.
(b) Statement of the issues involved.
(c) Citations to relevant provisions of this act, rules, policies, and guidelines.
(d) Investigative findings.
(e) Conclusions.
(f) Recommendations, if any.
(6) A rights investigation may be reopened or reinvestigated by the office if there is new evidence that was not presented at the time of the investigation.