Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1430 (2026)

Examination; time; certification.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1430 Examination; time; certification.

Sec. 430.

    If a patient is hospitalized under section 423, the patient shall be examined by a psychiatrist as soon after hospitalization as is practicable, but not later than 24 hours, excluding legal holidays, after hospitalization. The examining psychiatrist shall not be the same physician upon whose clinical certificate the patient was hospitalized. If the psychiatrist does not certify that the patient is a person requiring treatment, the patient shall be released immediately. If the psychiatrist does certify that the patient is a person requiring treatment, the patient's hospitalization may continue pending hearings convened pursuant to sections 451 to 465.

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Notes of Decisions
Cited in 13 cases (10 in the last 5 years), 1987–2026 · leading case: United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018).
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United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018). · cites it 3× “See Mich. Comp. Laws § 330.1430 (noting that those temporarily hospitalized under Section 1423 may be hospitalized pending hearings convened under Sections 1451 through 1465 of the code).”
De Sanchez v. Genoves-Andrews, 410 N.W.2d 803 (Mich. Ct. App. 1987). · cites it 2× “Further, under § 430 of the Mental Health Code, the hospital was required to provide Baltus with a psychiatric examination within twenty-four hours of his admission. If a psychiatrist certifies that the patient is one who requires treatment, the patient's hospitalization may…”
United States v. Vertz, 102 F. Supp. 2d 787 (W.D. Mich. 2000). “§ 330.1430; M.S.A. § 14.800(430). If the psychiatrist certifies that the patient is a person requiring treatment, the patient’s hospitalization may continue pending court hearings.”
in Re Evan Benford (Mich. Ct. App. 2021). · cites it 5× “This appeal followed. II. STANDARD OF REVIEW On appeal, respondent argues that the trial court erred by failing to properly comply with the 24-hour medical evaluation under MCL 330.”
In Re Ss (Mich. Ct. App. 2023). · cites it 3× “” MCL 330.1430 (emphasis added). But “[t]he examining psychiatrist shall not be the same physician upon whose clinical certificate the patient was hospitalized.”
In Re Jh (Mich. Ct. App. 2024). · cites it 3× “[MCL 330.1430.] Although unclear from the record, JH states in his brief that he was processed at Common Ground on February 15, 2023, at 6:11 p.”
In Re Jgs Jr (Mich. Ct. App. 2025). · cites it 3× “” On January 28, 2025, the trial court sua sponte dismissed the January 22 petition, finding that the clinical certificates were “untimely pursuant to MCL 330.1430.” The trial court dismissed the petition and ordered that respondent be “released and discharged from protective…”
In Re Ss (Mich. Ct. App. 2023). · cites it 2× “” MCL 330.1430. But “[t]he examining psychiatrist shall not be the same physician upon whose clinical certificate the patient was hospitalized.”
In Re a V-b H (Mich. Ct. App. 2026). · cites it 2× “1429(1); MCL 330.1430. After the probate court receives a petition and accompanying certificates, it must hold a hearing within seven days to determine whether the individual is a “person requiring treatment.”
in Re Evan Benford (Mich. Ct. App. 2021). “Similarly, MCL 330.1430 requires such detained patients to be re-examined by a different doctor within 24 hours (excluding holidays) and released immediately if the patient is not certified as requiring treatment.”
In Re Bsm (Mich. Ct. App. 2023). “” MCL 330.1430. When a petition “is accompanied by [only] 1 clinical certificate, the court shall order the individual to be examined by a psychiatrist.”
20231214_C365552_28_365552.Opn.Pdf (Mich. Ct. App. 2023). “” MCL 330.1430. The “individual may be received and detained at the place of examination as long as necessary to complete the examination or examinations, but not more than 24 hours.”
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