Michigan Laws 330.1532 – Annual hearing; petition for discharge; physician’s or psychologist’s report; dismissal of petition
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 330.1532
- 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
- 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
In addition to the right to a hearing under section 531, a resident admitted by court order has the right to a hearing and may petition the court for discharge without leave of court once within each 12-month period from the date of the original order of admission. The petition shall be accompanied by a physician’s or a licensed psychologist’s report setting forth the reasons for the physician’s or licensed psychologist’s conclusion that the resident no longer meets the criteria for judicial treatment. If no report accompanies the petition because the resident is indigent or is unable for reasons satisfactory to the court to procure a report, the court shall appoint a physician or a licensed psychologist to examine the resident, and the physician or licensed psychologist shall furnish a report to the court. If the report concludes that the resident continues to meet the criteria for treatment, the court shall so notify the resident and shall dismiss the petition for discharge. If the report concludes otherwise, a hearing shall be held according to section 517 to 522.