Probate Court

Mental Health Proceedings - Hosptalization

Hospitalization:

The exclusive method of involuntary hospitalization is through the Mental Health Code.

  • The Mental Health Code provides that individuals shall be hospitalized only to this Act.
  • A Guardian may not sign a person into a psychiatric hospital.
  • An attorney in fact may not sign a person into a psychiatric hospital.
  • An individual may be hospitalized as a formal voluntary patient when the individual assents and the full guardian of the individual or the limited guardian with authority to admit executes an application for hospitalization.

Pre-admission Screening Units:

  • Each community mental health must establish a pre-admission screening unit.
  • Individuals who seek hospitalization at hospitals operated by the Department of Mental Health or under contract with community mental health must be screened to determine if they are clinically appropriate for hospitalization.
  • A preadmission screening unit shall assess and examine, or refer to a hospital for examination, an individual who is brought to the unit by a police officer or ordered by a court to be examined.
  • If the individual meets the requirements for hospitalization, the preadmission screening unit shall designate the hospital to which the individual shall be admitted.
  • An individual's choice of hospital must be honored if the individual is private-pay and the hospital is willing to accept the individual.

Admission by Clinical Certificate:

  • Hospital may hospitalize an individual presented to hospital pending certification by a psychiatrist, if an application and a physician's or a psychologist's certificate have been executed and if authorized by a preadmission screening unit unless patient is private pay.
    • Application must not have been executed more than 10 days prior to its filing with the hospital
    • Physician or psychologist certificate must executed within 72 hours of filing and after personal examination.
  • A Peace Officer shall take individual into protective custody for transport to designated preadmission screening unit when presented with the application and certificate(s).
  • A Peace Officer may transport an individual to a designated preadmission screening unit without application or certificate if he or she personally observes conduct which reasonably leads him to believe the individual is a person requiring treatment under Sec. 401.
  • An application may be presented to the Court requesting the Court to order examination and transportation of an individual to a preadmission screening unit if the petitioner is unable to secure an examination after reasonable effort and the application complies with Michigan Mental Health Code requirements.

Admission by Petition:

  • An original Petition is filed with the Court
    • The Petition must be accompanied by certificate of physician or psychologist or affidavit as to why no examination could be secured.
    • The Petition may be accompanied by two certificates, one of which must be a psychiatrist's.
    • Any certificate must be executed within 72 hours of filing petition and after personal examination.
  • Examination
    • If one certificate is submitted, the Court will order an examination by psychiatrist.
    • If no certificate is submitted, the Court will order an examination by psychiatrist and either physician or psychologist.
    • An individual may be detained for 24 hours for such examination.
    • If a physician or psychologist will not certify, the Court may dismiss or order an examination by a psychiatrist if available. If not available, it may order an examination by physician or psychologist. If a third examiner will not certify, the Court shall dismiss the Petition.
    • If an individual will not comply with an examination, the Court may order a Peace Officer to take the individual into protective custody and deliver them to the hospital for the examination.
    • An individual will remain home before and after examinations unless the Court finds he or she requires immediate hospitalization in order to prevent physical harm to self or others. If an examination and certificates are not completed within 24 hours, the individual must be released.