Title 330, MENTAL HEALTH CODE

Sec. 500. As used in this chapter, unless the context requires otherwise: (a) "Administrative admission" means the admission of an individual with a developmental disability to a facility under section 509. (b) "Alternative program of care and treatment" means an outpatient progr…

Sec. 501. The department shall prescribe the forms to be used under this chapter, and all facilities shall use department forms. At the direction of the supreme court, the state court administrative office shall prescribe the forms used for court proceedings under this chapter.

Sec. 502. An individual shall be admitted to a facility only according to the provisions of this act.

Sec. 503. (1) An individual under 18 years of age shall not be judicially admitted to a facility, private facility, or other residential program. (2) Administrative admission under section 509 is the preferred form of admission for individuals 18 years of age or older.

Sec. 504. An individual with a developmental disability other than an intellectual disability is eligible for temporary and administrative admission under sections 508 and 509.

Sec. 505. (1) Six months before the eighteenth birthday of each resident in a facility, the resident shall be evaluated by the center for the purpose of determining whether he or she is competent to execute an application for administrative admission. (2) If it is determined by t…

Sec. 508. (1) An individual with a developmental disability referred by a community mental health services program may be temporarily admitted to a facility for appropriate clinical services if an application for temporary admission is executed by a person legally empowered to ma…

Sec. 509. (1) An individual with a developmental disability under 18 years of age shall be referred by a community mental health services program before being considered for administrative admission to a facility. An application for the individual's admission shall be executed by…

Sec. 510. (1) Before the administrative admission of any individual, the individual may be received by the facility designated and approved by the community mental health services program for up to 10 days in order for a preadmission examination to be conducted. No individual may…

Sec. 511. (1) Objection may be made to the admission of any administratively admitted resident. An objection may be filed with the court by a person found suitable by the court or by the resident himself or herself if he or she is at least 13 years of age. An objection may be mad…

Sec. 512. (1) A facility may detain an administratively admitted resident for a period not exceeding 3 days from the time that the person who executed the application for the resident's admission gives written notice to the facility of his or her intention that the resident leave…

Sec. 515. A court may order appropriate outpatient treatment or admission into an appropriate treatment facility of an individual 18 years of age or older if the individual has been diagnosed as an individual with an intellectual disability and either of the following applies: (a…

Sec. 516. (1) Any person found suitable by the court may file with the court a petition that asserts that an individual meets the criteria for treatment specified in section 515. (2) The petition must contain the alleged facts that are the basis for the assertion, the names and a…

Sec. 517. (1) A hearing convened to determine whether an individual meets the criteria for treatment is governed by sections 517 to 522. Sections 517 to 522 do not apply to a hearing provided for in section 511 concerning an objection to an administrative admission. (2) Upon rece…

Sec. 518. (1) If the court finds that an individual does not meet the criteria for treatment, the court shall enter a finding to that effect, shall dismiss the petition, and shall direct that the individual be discharged if he or she has been admitted to a facility prior to the h…

Sec. 519. (1) Before making an order of disposition under section 518(2), the court must consider ordering a course of care and treatment that is an alternative to admission to a facility. To that end, the court shall review the report submitted to the court under section 516(3),…

Sec. 520. Before ordering the admission of an individual, the court shall inquire into the adequacy of care and treatment to be provided to the individual by the designated facility. Admission shall not be ordered unless the recommended facility to which the individual is to be a…

Sec. 521. Preference between the facility recommended by the community mental health services program and other available facilities under contract with the community mental health services program shall be given to the facility that can appropriately meet the individual's needs …

Sec. 522. An independent medical or licensed psychological examiner appointed for an individual under this chapter shall, if the individual is indigent, be compensated by the county's community mental health services program in an amount that is reasonable and based upon time and…

Sec. 525. (1) The director of a facility may at any time discharge an administratively admitted resident or a resident admitted by court order whom the director considers suitable for discharge. (2) The director of a facility shall discharge a resident admitted by court order whe…

Sec. 526. (1) A person providing alternative care and treatment to an individual under section 518(2)(c) may terminate the alternative care and treatment to an individual whom the provider of alternative care and treatment considers suitable for termination of care and treatment …

Sec. 527. If, upon the discharge of an individual admitted by court order or upon termination of alternative care and treatment to an individual receiving care and treatment under section 518(2), the community mental health services program determines that the individual would be…

Sec. 528. (1) Except as provided in subsection (2), all leaves or absences from a facility other than release or discharge and all revocations of leaves and absences under section 537 are governed in accordance with rules or procedures established by the department or, in the cas…

Sec. 531. (1) Every resident admitted by court order has the right to regular, adequate, and prompt review of his or her current status as an individual meeting the criteria for treatment. Six months after the date of an order of treatment, and every 6 months after that, the dire…

Sec. 532. 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 …

Sec. 533. Nothing in this chapter shall prevent the filing of or deprive any individual of the benefits of a writ of habeas corpus.

Sec. 536. (1) A resident in a facility may be transferred to any other facility, or to a hospital operated by the department, if the transfer would not be detrimental to the resident and the responsible community mental health services program approves the transfer. (2) The resid…

Sec. 537. (1) An individual is subject to being returned to a facility if both of the following are true: (a) The individual was admitted to a facility on an application executed by someone other than themself or by judicial order. (b) The individual has left the facility without…

Sec. 540. (1) A determination that an individual meets the criteria for treatment, a court order directing that an individual be admitted to a facility or receive alternative care and treatment, or any form of admission to a private facility does not give rise to a presumption of…

Sec. 541. An individual admitted to a facility shall at the time of admission receive a copy of section 540. An individual discharged from a facility shall receive a copy of section 540 upon request.

Sec. 600. As used in this chapter, unless the context requires otherwise: (a) "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. (ii) A child c…

Sec. 602. (1) Guardianship for individuals with developmental disability shall be utilized only as is necessary to promote and protect the well-being of the individual, including protection from neglect, exploitation, and abuse; shall take into account the individual's abilities;…

Sec. 604. (1) The court has jurisdiction over guardianship proceedings for developmentally disabled persons. (2) An appointment of a guardian for a developmentally disabled person shall be made only under this chapter, except that a guardian may be appointed for a minor where app…

Sec. 607. (1) A court, upon filing of a petition for guardianship under this chapter and before the appointment of a plenary or partial guardian, or pending an appeal or action in relation to the appointment, under emergency circumstances and if necessary for the welfare or prote…

Sec. 609. (1) A petition for the appointment of a guardian for an individual who is developmentally disabled may be filed by an interested person or entity or by the individual. The petition shall set forth the following: (a) The relationship and interest of the petitioner. (b) T…

Sec. 612. (1) The petition for the appointment of a guardian for an individual who has a developmental disability shall be accompanied by a report that contains all of the following: (a) A description of the nature and type of the respondent's developmental disability. (b) Curren…

Sec. 614. (1) Upon the filing of a petition, the court shall fix a date and a place for a hearing to be held within 30 days after the filing date of the petition. (2) Hearings may be held either within or without the county in which the court has its principal office, and in quar…

Sec. 615. (1) A respondent is entitled to be represented by legal counsel. (2) Unless an appearance has been entered on behalf of the respondent, the court, within 48 hours of its receipt of a petition together with the other documents required by section 612, shall appoint couns…

Sec. 616. If, after a petition has been filed, the court determines that the respondent requires a person to represent his or her best interests and to assist legal counsel, the court shall appoint an interested person or entity to act as guardian ad litem for the respondent.

Sec. 617. (1) A respondent in a guardianship proceeding conducted pursuant to this chapter may demand that a jury decide any issue or issues of fact. A jury shall consist of 6 persons to be chosen in the same manner as provided in the probate court rules. (2) A respondent in a gu…

Sec. 618. (1) The court, at a hearing convened under this chapter for the appointment of a guardian, shall do all of the following: (a) Inquire into the nature and extent of the general intellectual functioning of the respondent asserted to need a guardian. (b) Determine the exte…

Sec. 620. (1) A court order establishing partial guardianship shall contain findings of fact, shall define the powers and duties of the partial guardian so as to permit the individual with a developmental disability to care for himself or herself and his or her property commensur…

Sec. 623. (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, …

Sec. 626. (1) Before the appointment of a guardian, the court shall consider the duration of the term of guardianship. The duration of the term shall be indicated in a court order. (2) A partial guardian shall not be appointed for a term greater than 5 years. (3) At the expiratio…

Sec. 628. (1) The court may appoint as guardian of an individual with a developmental disability any suitable individual or agency, public or private, including a private association capable of conducting an active guardianship program for an individual with a developmental disab…

Sec. 629. (1) A guardian, temporary guardian, plenary, partial, or standby guardian shall not be liable for civil damages by reason of authorizing routine or emergency medical treatment or surgery or extraordinary procedures when previously ordered by the court for his or her war…