Michigan Compiled Laws
258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t)
Section 330.1498k - Leaving Hospital Without Knowledge and Permission of Staff; Notice; Transporting Minor to Hospital; Protective Custody; Appeal.

Sec. 498k.
(1) If a minor who has been admitted to a hospital under this chapter leaves the hospital without the knowledge and permission of the appropriate hospital staff, the hospital must immediately notify the minor's parent, guardian, or person in loco parentis, the executive director if appropriate, and the appropriate police agency.
(2) If a minor has left a hospital without the knowledge and permission of the appropriate hospital staff or has refused a request to return to the hospital while on an authorized absence from the hospital, and the hospital director believes that the minor should be returned to the hospital, the hospital director must request that the minor's parent, guardian, or person in loco parentis transport the minor to the hospital. If the parent, guardian, or person in loco parentis is unable, after reasonable effort, to transport the minor, a request may be submitted to the court for an order to transport the minor. If the court is satisfied that a reasonable effort was made to transport the minor, the court must order a peace officer to take the minor into protective custody. After the minor is taken into protective custody, a peace officer or a security transport officer shall transport the minor to the hospital.
(3) An opportunity for appeal, and notice of that opportunity, shall be provided to any minor and to the parent or guardian of any minor who is returned over the minor's objection from any authorized leave in excess of 10 days. In the case of a minor less than 14 years of age, the appeal shall be made by the parent or guardian of the minor or person in loco parentis.
History: Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1988, Act 155, Imd. Eff. June 14, 1988 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- 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)

258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t)

Section 330.1498a - Hospitalization of Minors.

Section 330.1498b - Definitions; C to M.

Section 330.1498c - Definitions; P to S.

Section 330.1498d - Hospitalization of Minor; Conditions; Request by Department of Human Services or County Juvenile Agency; Suitability for Hospitalization; Determination; "County Juvenile Agency" Defined.

Section 330.1498e - Evaluation; Second Opinion; Transfer; Alternative Program; Applicability of Section.

Section 330.1498f - Admission; Examination; Waiting List; Interim Services; Referral.

Section 330.1498g - Examination, Tests, and Evaluations.

Section 330.1498h - Emergency Admission of Minor.

Section 330.1498i - Notice.

Section 330.1498j - Consent.

Section 330.1498k - Leaving Hospital Without Knowledge and Permission of Staff; Notice; Transporting Minor to Hospital; Protective Custody; Appeal.

Section 330.1498l - Review.

Section 330.1498m - Objection to Hospitalization; Violation as Misdemeanor.

Section 330.1498n - Judicial Hearing.

Section 330.1498o - Notice of Intent or Oral Request to Terminate Hospitalization; Petition to Continue Hospitalization; Hearing.

Section 330.1498p - Discharge; Notice; Prerelease Plan; Refusal of Parent or Guardian to Assume Custody; Petition.

Section 330.1498q - Governing Provisions.

Section 330.1498r, 330.1498s - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

Section 330.1498t - Transporting Minor for Evaluation.