WASHTENAW COUNTY <br>TRIAL COURT

Probate Court
101 East Huron St. - Rm 314, PO Box 8645
Ann Arbor, MI 48107-8645
(734) 222-3072
probate@ewashtenaw.org  

 

Mental Health

Washtenaw County Community Mental Health (WCCMH) provides mental health crisis management services. Individual seeking to secure involuntary mental health treatment for another person will be referred to WCCMH.  WCCMH may assist in completing the forms for involuntary treatment.  The telephone number for the crisis management team is (734) 544-3050 or (800) 440-7548. 

A mental health case is generally filed in the county of residence of the person for whom treatment is sought or in the county where that person is found.  However, that determination can be complex. 

“Mental Illness” is defined by Michigan law as “a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.”  MCL 330.1400(g).

An adult with a mental illness may be required to undergo treatment only if the Court finds one of the following by clear and convincing evidence:

·      Due to mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself/herself or someone else, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation;

·      Due to mental illness is unable to attend to his/ her basis physical needs (e.g. food, clothing, or shelter) in order to avoid serious harm in the near future, and who has demonstrated that inability by failing to attend to those basic needs;

·      His or her judgment is so impaired that he or she is unable to understand the need for treatment and based on that impaired judgment presents a substantial risk of significant physical or mental harm to self or presents a substantial risk of physical harm to others in the near future based on competent clinical opinion;

·      [As a basis for outpatient treatment only]   Is a person whose understanding of need for treatment is impaired to the point that (s)he is unlikely to participate in and/or adhere to receiving treatment voluntarily that has been determined necessary to prevent relapse or harmful deterioration of his or her condition, and whose noncompliance with treatment has been a factor in the individual’s placement in a psychiatric hospital, prison, or jail at least 2 times within the last 48 months or whose noncompliance with treatment has been a factor in the individual’s committing 1 or more acts, attempts, or threats of serious violent behavior within the last 48 months. 

A person impaired by dementia, with a primary diagnosis of epilepsy, or with alcoholism or drug dependence must also meet one of the above criteria to qualify for court-ordered mental health treatment.

Upon petition, the Court may order a peace officer to take an individual into protective custody and transport to a preadmission screening unit or hospital for an ordered examination if the Court has found that the subject of the petition will not comply with an order of examination.  PCM209a.

A person 18 years or old may file a petition for treatment.  Except where Assisted Outpatient Treatment (AOT) only is requested, the petition must be accompanied by clinical certificate(s) or affidavit.  Hearing on the petition is within 7 days, or within 28 if Assisted Outpatient Treatment only is requested and the subject of the petition in not inpatient at a psychiatric hospital.  

Forms for initiating involuntary mental health treatment may include:

 

Rights of the subject of a petition include the right to participate in court proceedings, the right to legal counsel, the right to a jury trial, the right to present evidence, and the right to stipulate to entry of an order.

Orders following trial may include dismissal of the petition and release from hospital, hospitalization, placement in an Alternative Treatment Order (ATO) program, combination of hospitalization and ATO or hospitalization and Assisted Outpatient Treatment (AOT), or AOT by itself.  AOT orders may compel medication, blood testing or urinalysis, therapy, day or partial day programs, educational or vocational training, supervised living, assisted community treatment team services, and/ or substance use disorder testing/treatment.

A minor of any age is “suitable for hospitalization” if (s)he meets all of the following criteria:

               a) Is a “minor requiring treatment”;

               b) Is in need of hospitalization and is expected to benefit from hospitalization; and

               c) There is no available appropriate, less restrictive alternative to hospitalization.

A minor of any age “requires treatment” if (s)he has a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life or has a severe or persistent emotional condition characterized by seriously impaired personality development, individual adjustment, social adjustment, or emotional growth, which is demonstrated in behavior symptomatic of that impairment.  MCL 330.1498b.

A minor is not deemed to require treatment solely on the basis of epilepsy, a developmental disability, substance use or dependence, juvenile offenses, sexual activity, or religious or political beliefs.

A parent, guardian, person acting in loco parentis, the DHHS under specific circumstances, or the minor himself/herself if 14 or older may request hospitalization.  An interested party may petition the Court for an order of transport of minor for evaluation or hospitalization. PCM 240 - Petition and Order Regarding Transport of Minor.

The following includes a link to all Michigan mental health treatment forms:

http://courts.mi.gov/administration/scao/forms/pages/search-for-a-form.aspx

 

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