Michigan Compiled Laws
258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)
Section 330.1623 - Placement of Individual With Developmental Disability in Facility; Appropriateness of Placement; Appropriate Treatment and Residential Programs; Reports From Public Agencies.

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, the court shall inquire into and determine the appropriateness of the placement.
(3) Before authorizing a guardian to make application to place an individual with a developmental disability in a facility, the court shall determine, in conjunction with the appropriate community mental health services program, whether the placement offers appropriate treatment and residential programs to meet the needs of the respondent and whether there is a less restrictive treatment and residential program available. In ordering a placement, the court shall give preference to an available less restrictive treatment and residential program provided that it is adequate and appropriate to meet the respondent's needs. The court or counsel may request reports from public agencies on the suitability of a particular placement for a respondent.
History: Add. 1978, Act 527, Imd. Eff. Dec. 21, 1978 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 330 - Mental Health Code

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

258-1974-6 - Chapter 6 Guardianship for the Developmentally Disabled (330.1600...330.1644)

Section 330.1600 - Definitions.

Section 330.1602 - Guardianship; Use; Design; Limitation; Partial Guardianship.

Section 330.1604 - Jurisdiction; Provisions Applicable to Appointment of Guardian.

Section 330.1606 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1607 - Court as Guardian; Appointment of Temporary Guardian; Hearing; Rights and Privileges of Respondent.

Section 330.1608 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1609 - Petition for Appointment of Guardian; Filing; Contents.

Section 330.1610 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1612 - Petition for Appointment of Guardian; Accompanying Report; Psychological Tests; Evaluations; Availability of Report.

Section 330.1614 - Hearings; Date and Place; Notice.

Section 330.1615 - Right to Legal Counsel; Appointment of Counsel; Preferred Counsel; Compensation of Appointed Counsel.

Section 330.1616 - Guardian Ad Litem.

Section 330.1617 - Right to Jury; Evidence; Witnesses; Closing Hearing to Public; Presence of Respondent; Testimony of Person Who Prepared Report or Performed Evaluation; Independent Evaluation.

Section 330.1618 - Hearing; Powers and Duties of Court.

Section 330.1620 - Contents of Court Order Establishing Partial Guardianship; Legal and Civil Rights; Effect of Appointment of Partial Guardian.

Section 330.1622 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1623 - Placement of Individual With Developmental Disability in Facility; Appropriateness of Placement; Appropriate Treatment and Residential Programs; Reports From Public Agencies.

Section 330.1624 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1626 - Duration of Term of Guardianship; New Petition for Guardianship.

Section 330.1628 - Qualifications of Guardian; Preference.

Section 330.1629 - Routine or Emergency Medical Treatment or Surgery or Extraordinary Procedures; Liability of Guardian.

Section 330.1630 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1631 - Guardian; Duties; Filing, Contents, and Review of Report.

Section 330.1632 - Guardian as Fiduciary.

Section 330.1634 - Notice of Right to Dismiss Guardian or Modify Guardianship Order; Procedures.

Section 330.1636 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1637 - Discharge or Modification Order; Petition; Hearing; Order.

Section 330.1638 - Repealed. 1978, Act 527, Imd. Eff. Dec. 21, 1978.

Section 330.1640 - Standby Guardian.

Section 330.1642 - Testamentary Guardian.

Section 330.1644 - Termination of Guardianship; Legal and Civil Rights; Applicability of Section to Termination by Term Expiration and Court Order.