MENTAL HEALTH CODE
Act 258 of 1974
330.1400 Definitions.
Sec. 400.
As used in this chapter, unless the context requires otherwise:
(a) "Clinical certificate" means the written conclusion and statements of a physician or a licensed psychologist that an individual is a person requiring treatment, together with the information and opinions, in reasonable detail, that underlie the conclusion, on the form prescribed by the department or on a substantially similar form.
(b) "Competent clinical opinion" means the clinical judgment of a physician, psychiatrist, or licensed psychologist.
(c) "Court" means the probate court or the court with responsibility with regard to mental health services for the county of residence of the subject of a petition, or for the county in which the subject of a petition was found.
(d) "Formal voluntary hospitalization" means hospitalization of an individual based on both of the following:
(i) The execution of an application for voluntary hospitalization by the individual or by a patient advocate designated under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, to make mental health treatment decisions for the individual.
(ii) The hospital director's determination that the individual is clinically suitable for voluntary hospitalization.
(e) "Informal voluntary hospitalization" means hospitalization of an individual based on all of the following:
(i) The individual's request for hospitalization.
(ii) The hospital director's determination that the individual is clinically suitable for voluntary hospitalization.
(iii) The individual's agreement to accept treatment.
(f) "Involuntary mental health treatment" means court-ordered hospitalization, assisted outpatient treatment, or combined hospitalization and assisted outpatient treatment as described in section 468. For the purpose of this chapter, involuntary mental health treatment does not include a full or limited guardian authorized under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, with the authority to consent to mental health treatment for an individual found to be a legally incapacitated individual under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.
(g) "Mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
(h) "Preadmission screening unit" means a service component of a community mental health services program established under section 409.
(i) "Private-pay patient" means a patient whose services and care are paid for from funding sources other than the community mental health services program, the department, or other state or county funding.
(j) "Release" means the transfer of an individual who is subject to an order of combined hospitalization and assisted outpatient treatment from 1 treatment program to another in accordance with his or her individual plan of services.
(k) "Subject of a petition" means an individual regarding whom a petition has been filed with the court asserting that the individual is or is not a person requiring treatment or for whom an objection to involuntary mental health treatment has been made under section 484.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1978, Act 598, Imd. Eff. Jan. 4, 1979 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1986, Act 45, Imd. Eff. Mar. 17, 1986 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- Am. 1986, Act 297, Imd. Eff. Dec. 22, 1986 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 553, Imd. Eff. Jan. 3, 2005 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019 ;-- Am. 2018, Act 595, Eff. Mar. 28, 2019
AdminRule Notes:
R 330.1001 et seq. of the Michigan Administrative Code.
Notes of Decisions
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
· cites it 5× “1473, which provides, in pertinent part, that "[n]ot less than 14 days before the expiration of [a] ... continuing order of involuntary mental health treatment issued under [ MCL 330.”
People v. Lacalamita, 780 N.W.2d 311 (Mich. Ct. App. 2009).
· cites it 2× “” MCL 330.1400(g). Where expert testimony is presented in support of an insanity defense, the probative value of the expert’s opinion depends on the facts on which it is based.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
· cites it 4× “800(476), in conjunction with MCL 330.1400(c); MSA 14.800(400)(c), provides in part that the chief officer of a hospital, or a person authorized to act on his or her behalf: "(1) [M]ay at any time discharge a voluntarily or judicially hospitalized patient whom the director deems…”
People v. Webb, 580 N.W.2d 884 (Mich. 1998).
· cites it 2× “§ 330.1400(g); M.S.A. § 14.800(400)(g). [4] Unpublished opinion per curiam, issued October 3, 1995 (Docket No.”
People v. Ramsey, 375 N.W.2d 297 (Mich. 1985).
· cites it 2× “MCL 330.1400 et seq.; MSA 14.800(400) et seq.”
People v. Bruce Ramsey, 280 N.W.2d 565 (Mich. Ct. App. 1979).
· cites it 2× “It does not necessarily follow that a person with a "substantial disorder of thought or mood which *472 significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life”, MCL 330.1400(a); MSA 14.800(400a), is incapable…”
People v. Mette, 621 N.W.2d 713 (Mich. Ct. App. 2001).
“] Mental illness is now defined in MCL 330.1400(g); MSA 14.800(400)(g) as “a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.”
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“” MCL 330.1400(e); MSA 14.800(400)(e). A mentally ill individual who is adjudicated to be a "person requiring treatment” pursuant to the Mental Health Code can be involuntarily hospitalized.”
Walker v. McQUIGGAN, 656 F.3d 311 (6th Cir. 2011).
· cites it 2× “" Mich. Comp. Laws Ann. § 330.1400 (g) (West 2001).”
People v. Lloyd, 590 N.W.2d 738 (Mich. 1999).
· cites it 2× “§ 330.1400(g); MSA 14.800(400)(g) from M.”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
· cites it 2× “1946(2) provides: A mental health professional has discharged the duty created under subsection (1) if the mental health professional, subsequent to the threat, does 1 or more of the following in a timely manner: (a) Hospitalizes the patient or initiates proceedings to…”
— Mich. Comp. Laws § 330.1400(a) — 6 cases
People v. Bruce Ramsey, 280 N.W.2d 565 (Mich. Ct. App. 1979).
“It does not necessarily follow that a person with a "substantial disorder of thought or mood which *472 significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life”, MCL 330.1400(a); MSA 14.800(400a), is incapable…”
— Mich. Comp. Laws § 330.1400(b) — 1 case
— Mich. Comp. Laws § 330.1400(c) — 4 cases
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
“800(476), in conjunction with MCL 330.1400(c); MSA 14.800(400)(c), provides in part that the chief officer of a hospital, or a person authorized to act on his or her behalf: "(1) [M]ay at any time discharge a voluntarily or judicially hospitalized patient whom the director deems…”
— Mich. Comp. Laws § 330.1400(d) — 1 case
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
“800(476), in conjunction with MCL 330.1400(c); MSA 14.800(400)(c), provides in part that the chief officer of a hospital, or a person authorized to act on his or her behalf: "(1) [M]ay at any time discharge a voluntarily or judicially hospitalized patient whom the director deems…”
— Mich. Comp. Laws § 330.1400(e) — 2 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“” MCL 330.1400(e); MSA 14.800(400)(e). A mentally ill individual who is adjudicated to be a "person requiring treatment” pursuant to the Mental Health Code can be involuntarily hospitalized.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
“800(476), in conjunction with MCL 330.1400(c); MSA 14.800(400)(c), provides in part that the chief officer of a hospital, or a person authorized to act on his or her behalf: "(1) [M]ay at any time discharge a voluntarily or judicially hospitalized patient whom the director deems…”
— Mich. Comp. Laws § 330.1400(f) — 8 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“1473, which provides, in pertinent part, that "[n]ot less than 14 days before the expiration of [a] ... continuing order of involuntary mental health treatment issued under [ MCL 330.”
— Mich. Comp. Laws § 330.1400(g) — 57 cases
People v. Lacalamita, 780 N.W.2d 311 (Mich. Ct. App. 2009).
“” MCL 330.1400(g). Where expert testimony is presented in support of an insanity defense, the probative value of the expert’s opinion depends on the facts on which it is based.”
People v. Webb, 580 N.W.2d 884 (Mich. 1998).
“§ 330.1400(g); M.S.A. § 14.800(400)(g). [4] Unpublished opinion per curiam, issued October 3, 1995 (Docket No.”
People v. Mette, 621 N.W.2d 713 (Mich. Ct. App. 2001).
“] Mental illness is now defined in MCL 330.1400(g); MSA 14.800(400)(g) as “a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.”
People v. Lloyd, 590 N.W.2d 738 (Mich. 1999).
“§ 330.1400(g); MSA 14.800(400)(g) from M.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
“800(476), in conjunction with MCL 330.1400(c); MSA 14.800(400)(c), provides in part that the chief officer of a hospital, or a person authorized to act on his or her behalf: "(1) [M]ay at any time discharge a voluntarily or judicially hospitalized patient whom the director deems…”
— Mich. Comp. Laws § 330.1400(k) — 3 cases
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