Michigan Compiled Laws
258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a)
Section 330.1469a - Treatment Program as Alternative to Hospitalization; Assisted Outpatient Treatment; Court Order.

Sec. 469a.
(1) Except for a petition filed as described under section 434(7), before ordering a course of treatment for an individual found to be a person requiring treatment, the court must review a report on alternatives to hospitalization that was prepared under section 453a not more than 15 days before the court issues the order. After reviewing the report, the court shall do all of the following:
(a) Determine whether a treatment program that is an alternative to hospitalization or that follows an initial period of hospitalization is adequate to meet the individual's treatment needs and is sufficient to prevent harm that the individual may inflict upon himself or herself or upon others within the near future.
(b) Determine whether there is an agency or mental health professional available to supervise the individual's treatment program.
(c) Inquire as to the individual's desires regarding alternatives to hospitalization.
(2) If the court determines that there is a treatment program that is an alternative to hospitalization that is adequate to meet the individual's treatment needs and prevent harm that the individual may inflict upon himself or herself or upon others within the near future and that an agency or mental health professional is available to supervise the program, the court shall issue an order for assisted outpatient treatment or combined hospitalization and assisted outpatient treatment in accordance with section 472a. The order shall state the community mental health services program or, if private arrangements have been made for the reimbursement of mental health treatment services in an alternative setting, the name of the mental health agency or professional that is directed to supervise the individual's assisted outpatient treatment program. The order may provide that if an individual refuses to comply with a psychiatrist's order to return to the hospital, a peace officer must take the individual into protective custody. After the individual is taken into protective custody by a peace officer, a peace officer or a security transport officer shall transport the individual to the hospital selected.
(3) If the court orders assisted outpatient treatment as the alternative to hospitalization, the order must be consistent with the provisions of section 468(2)(d).
History: Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 497, Eff. Mar. 30, 2005 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022

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-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a)

Section 330.1468 - Treatment; Disposition; Order of Assisted Outpatient Treatment; Assisted Outpatient Treatment Plan.

Section 330.1469 - Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.

Section 330.1469a - Treatment Program as Alternative to Hospitalization; Assisted Outpatient Treatment; Court Order.

Section 330.1470 - Adequate and Appropriate Treatment Required; Inquiry.

Section 330.1471 - Preference as to Hospitals.

Section 330.1472 - Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.

Section 330.1472a - Initial, Second, or Continuing Order for Involuntary Mental Health Treatment; Duration of Order.

Section 330.1473 - Petition for Second or Continuing Order of Involuntary Mental Health Treatment; Contents; Clinical Certificate.

Section 330.1474 - Release of Individual From Hospital to Assisted Outpatient Treatment; Clinical Decision; Notice; Appeal; Court Petition; Information to Be Considered by Court.

Section 330.1474a - Order of Combined Hospitalization and Assisted Outpatient Treatment; Order of Hospitalization; Decision; Notice to Court.

Section 330.1475 - Noncompliance With Court Order or Determination That Assisted Outpatient Treatment Not Appropriate; Permissible Actions by Court Without Hearing; Notice of Noncompliance; Actions by Court; Transport and Return to Facility or Unit;...

Section 330.1475a - Hospitalization Without Hearing; Objection.