Michigan Compiled Laws
258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465)
Section 330.1463 - Independent Clinical Evaluation by Physician, Psychiatrist or Psychologist; Compensation; Use by Subject of Petition.

Sec. 463.
(1) If requested before the first scheduled hearing or at the first scheduled hearing before the first witness has been sworn on a petition, the subject of a petition in a hearing under this chapter has the right at his or her own expense, or if indigent, at public expense, to secure an independent clinical evaluation by a physician, psychiatrist, or licensed psychologist of his or her choice relevant to whether he or she requires treatment, whether he or she should be hospitalized or receive treatment other than hospitalization, and whether he or she is of legal capacity.
(2) Compensation for an evaluation performed by a physician or a licensed psychologist shall be in an amount that is reasonable and based upon time and expenses.
(3) The independent clinical evaluation described in this section is for the sole use of the subject of the petition. The independent clinical evaluation or the testimony of the individual performing the evaluation shall not be introduced into evidence without the consent of the subject of the petition.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 330 - Mental Health Code

Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)

258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497)

258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465)

Section 330.1451 - Court Hearings; Applicable Provisions.

Section 330.1452 - Court Hearing; Date; Receipt of Certain Documents.

Section 330.1453 - Court Hearing; Notice.

Section 330.1453a - Alternatives to Hospitalization; Preparation of Assessment Report.

Section 330.1454 - Legal Counsel; Appointment; Waiver; Preferred Counsel; Compensation; System for Providing Representation; Consultation With Subject of Petition Before Court Hearing; Certificate.

Section 330.1455 - Right to Be Present at All Hearings; Waiver; Exclusion of Subject by Court; Stipulation to Entry of Treatment Order; Meeting; Request to Defer Hearing; Continuing Jurisdiction During Deferral Period; Treatment as Formal Voluntary P...

Section 330.1456 - Place of Hearing; Change of Venue.

Section 330.1457 - Participation of Prosecuting Attorney; Exception.

Section 330.1458 - Jury.

Section 330.1459 - Documents, Witnesses, and Cross-Examination; Rules of Evidence.

Section 330.1460 - Investigation by Counsel; Evidence.

Section 330.1461 - Testimony or Deposition of Physician or Psychologist Required; Waiver; Examinations; Presence of Attorney During Deposition; Cross-Examination of Deponent; Waiver.

Section 330.1462 - Continuance or Adjournment; Grounds.

Section 330.1463 - Independent Clinical Evaluation by Physician, Psychiatrist or Psychologist; Compensation; Use by Subject of Petition.

Section 330.1464 - Persons Entitled to Copies of Court Orders.

Section 330.1464a - Order of Involuntary Hospitalization or Combination of Hospitalization and Assisted Outpatient Treatment; Entering or Removing Order From Law Enforcement Information Network; Applicability of Section to Order of Involuntary Treatm...

Section 330.1465 - Clear and Convincing Evidence Required.