Sec. 728.
(1) A resident is entitled to receive, possess, and use all personal property, including clothing, except in the circumstances and under the conditions set forth in this section.
(2) Each facility shall provide a reasonable amount of storage space to each resident for his or her clothing and other personal property. The resident shall be permitted to inspect personal property at reasonable times.
(3) A facility may exclude particular kinds of personal property from the facility. Any exclusions shall be officially adopted and shall be in writing and posted in each residential unit.
(4) The individual in charge of the plan of services for a resident may limit the rights guaranteed by subsection (1) if each limitation is essential for 1 of the following purposes:
(a) In order to prevent theft, loss, or destruction of the property, unless a waiver is signed by the resident.
(b) In order to prevent the resident from physically harming himself, herself, or others.
(5) A limitation adopted under the authority of subsection (4), the date it expires, and justification for its adoption shall be promptly noted in the record of the resident.
(6) A limitation adopted under the authority of subsection (4) shall be removed when the circumstance that justified its adoption ceases to exist.
(7) A receipt shall be given to a resident and an individual designated by the resident for any of his or her personal property taken into the possession of the facility. Any personal property in the possession of a facility at the time the resident to whom the property belongs is released from the facility shall be returned to the resident.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Structure Michigan Compiled Laws
Chapter 330 - Mental Health Code
Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)
258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758)
Section 330.1700 - Definitions.
Section 330.1704 - Rights of Recipient.
Section 330.1705 - Second Opinion.
Section 330.1706 - Notice of Rights.
Section 330.1706a - Pamphlet; Preparation; Distribution; Contents.
Section 330.1707 - Rights of Minor.
Section 330.1708 - Suitable Services; Treatment Environment; Setting; Rights.
Section 330.1710 - Physical and Mental Examination; Reexamination.
Section 330.1711 - Rights of Family Members.
Section 330.1712 - Individualized Written Plan of Services.
Section 330.1713 - Choice of Physician or Mental Health Professional.
Section 330.1714 - Informing Resident of Clinical Status and Progress.
Section 330.1715 - Services of Mental Health Professional.
Section 330.1716 - Surgery; Consent.
Section 330.1717 - Electroconvulsive Therapy or Other Procedure; Consent.
Section 330.1718 - Psychotropic Drugs.
Section 330.1720 - Statistical Report of Deaths; Investigation.
Section 330.1722 - Protection of Recipient From Abuse or Neglect.
Section 330.1723 - Suspected Abuse of Recipient or Resident; Report to Law Enforcement Agency.
Section 330.1723a - Appointment of Guardian Ad Litem.
Section 330.1724 - Fingerprints, Photographs, Audiorecording, or Use of 1-Way Glass.
Section 330.1726 - Communication by Mail and Telephone; Visits.
Section 330.1728 - Personal Property.
Section 330.1732 - Accepting Funds for Use of Resident.
Section 330.1734 - Facility as Representative Payee or Fiduciary.
Section 330.1736 - Performance of Labor by Resident.
Section 330.1738 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Section 330.1740 - Physical Restraint.
Section 330.1744 - Freedom of Movement.
Section 330.1748 - Confidentiality.
Section 330.1749 - Statement Correcting or Amending Information.
Section 330.1750 - Privileged Communications.
Section 330.1752 - Policies and Procedures.
Section 330.1753 - Recipient Rights System; Review by Department.
Section 330.1756 - State Recipient Rights Advisory Committee; Appointment by Director.
Section 330.1758 - Recipient Rights Advisory Committee; Appointment by Licensed Hospital.