Michigan Compiled Laws

Mich. Comp. Laws § 330.1427 (2026)

Protective custody; observation and belief of peace officer; transportation to preadmission screening unit; services; petition; notice to family; advice and consultation; release; follow-up counseling; diagnostic and referral services; financial responsibility; notice of examination results.

✓ current as of July 2026

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MENTAL HEALTH CODE

Act 258 of 1974

330.1427 Protective custody; observation and belief of peace officer; transportation to preadmission screening unit; services; petition; notice to family; advice and consultation; release; follow-up counseling; diagnostic and referral services; financial responsibility; notice of examination results.

Sec. 427.

(1) If a peace officer observes an individual conducting himself or herself in a manner that causes the peace officer to reasonably believe that the individual is a person requiring treatment, the peace officer may take the individual into protective custody and transport the individual to a preadmission screening unit designated by a community mental health services program for examination under section 429 or for mental health intervention services. The preadmission screening unit shall provide those mental health intervention services that it considers appropriate or shall provide an examination under section 429. The preadmission screening services may be provided at the site of the preadmission screening unit or at a site designated by the preadmission screening unit. Upon arrival at the preadmission screening unit or site designated by the preadmission screening unit, the peace officer shall execute a petition for hospitalization of the individual. As soon as practical, the preadmission screening unit shall offer to contact an immediate family member of the recipient to let the family know that the recipient has been taken into protective custody and where he or she is located. The preadmission screening unit shall honor the recipient's decision as to whether an immediate family member is to be contacted and shall document that decision in the recipient's record. In the course of providing services, the preadmission screening unit may provide advice and consultation to the peace officer, which may include a recommendation to release the individual from protective custody. In all cases where a peace officer has executed a petition, the preadmission screening unit shall ensure that an examination is conducted by a physician or licensed psychologist. The preadmission screening unit shall ensure provision of follow-up counseling and diagnostic and referral services if needed if it is determined under section 429 that the person does not meet the requirements for hospitalization.

(2) A peace officer is not financially responsible for the cost of care of an individual for whom a peace officer has executed a petition under subsection (1).

(3) A hospital receiving an individual under subsection (1) who has been referred by a community mental health services program's preadmission screening unit shall notify that unit of the results of an examination of that individual conducted by the hospital.

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1978, Act 598, Imd. Eff. Jan. 4, 1979 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1987–2023 · leading case: Zucker v. City of Farmington Hills, 643 F. App'x 555 (6th Cir. 2016).

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Zucker v. City of Farmington Hills, 643 F. App'x 555 (6th Cir. 2016). · cites it 2× “” 1 Mich. Comp. Laws § 330.1427 (1). By contrast, the FHPD has a policy that an officer may take someone into protective custody if “the officer or another reliable person ” observes that the individual is a “person who requires treatment.”

Hoffman v. Genesee Cnty., 403 N.W.2d 485 (Mich. Ct. App. 1987). · cites it 4× “See MCL 330.1427; MSA 14.800(427). Plaintiffs now appeal as of right from the trial court's order dismissing their original complaint by a motion for summary disposition under GCR 1963, 117.”

Daryl Monday v. Officer John Oullette & the City of Monroe, 118 F.3d 1099 (6th Cir. 1997). “1429] or may notify the community mental health emergency service unit for the purpose of requesting mental health intervention services____ See Mich. Comp. Laws Ann. § 330.1427 (1) (West 1992).”

Joshua Clay v. Michael Emmi, 797 F.3d 364 (6th Cir. 2015). “But the record does not show that Officer Emmi had actually taken Clay into custody before the incident at the hospital, given that the statute requires a peace officer who exercises this authority to inform the person being seized that he is being held in protective custody and…”

Hoffman v. Warden, 457 N.W.2d 367 (Mich. Ct. App. 1990). · cites it 2× “800(401) and MCL 330.1427; MSA 14.800(427), and that, having made that discretionary decision, their failure to take him into custody was negligent and was the result of inaccurate information conveyed over the radio to' the dispatcher and to Community Mental Health.”

Sova v. City of Mt. Pleasant, 947 F. Supp. 1116 (E.D. Mich. 1996). · cites it 2× “Section 330.1427 of the Michigan Compiled Laws Annotated provides that when a police officer observes an individual who is mentally ill or impaired and is a threat to himself or others, that officer may take that individual into protective custody.”

People of Michigan v. Brandy Ruth Hawker (Mich. Ct. App. 2023). · cites it 4× “MCL 330.1427 describes the circumstances which must be present to take an individual into protective custody: (1) If a peace officer observes an individual conducting himself or herself in a manner that causes the peace officer to reasonably believe that the individual is a…”

In Re Bsm (Mich. Ct. App. 2023). “RESPONDENT IS A “PERSON REQUIRING TREATMENT” According to the Mental Health Code, MCL 330.1427(1), “[i]f a peace officer observes an individual conducting himself or herself in a manner that causes the peace officer to reasonably believe that the individual is a person requiring…”

— Mich. Comp. Laws § 330.1427(1) — 3 cases

Hoffman v. Genesee Cnty., 403 N.W.2d 485 (Mich. Ct. App. 1987). “See MCL 330.1427; MSA 14.800(427). Plaintiffs now appeal as of right from the trial court's order dismissing their original complaint by a motion for summary disposition under GCR 1963, 117.”

People of Michigan v. Brandy Ruth Hawker (Mich. Ct. App. 2023). “MCL 330.1427 describes the circumstances which must be present to take an individual into protective custody: (1) If a peace officer observes an individual conducting himself or herself in a manner that causes the peace officer to reasonably believe that the individual is a…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.