MENTAL HEALTH CODE
Act 258 of 1974
330.1435 Examination; order; detention period; transmitting clinical certificate or report to court; third examination report; dismissal of petition; section inapplicable to petition under MCL 330.1434(7).
Sec. 435.
(1) If the petition is accompanied by 1 clinical certificate, the court shall order the individual to be examined by a psychiatrist.
(2) If the petition is not accompanied by a clinical certificate, and if the court is satisfied a reasonable effort was made to secure an examination, the court shall order the individual to be examined by a psychiatrist and either a physician or a licensed psychologist.
(3) 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.
(4) After an examination ordered under subsection (1), the examining psychiatrist shall either transmit a clinical certificate to the court or report to the court that execution of a clinical certificate is not warranted. After each examination ordered under subsection (2), the examining psychiatrist, or the examining physician or licensed psychologist, as applicable, shall either transmit a clinical certificate to the court or report to the court that execution of a clinical certificate is not warranted.
(5) If 1 examination was ordered and the examining psychiatrist reports that execution of a clinical certificate is not warranted, or if 2 examinations were ordered and 1 of the examining physicians or the licensed psychologist reports that execution of a clinical certificate is not warranted, the court shall dismiss the petition or order the individual to be examined by a psychiatrist, or if a psychiatrist is not available, by a physician or licensed psychologist. If a third examination report states that execution of a clinical certificate is not warranted, the court shall dismiss the petition.
(6) This section does not apply to a petition filed under section 434(7).
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 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
Notes of Decisions
Cited in
8
cases (
8 in the last 5 years), 2021–2025 · leading case:
In Re Jh (Mich. Ct. App. 2024).
In Re Jh (Mich. Ct. App. 2024).
· cites it 8× “In the case that “it appears to the court that the individual will not comply with an order of examination under section [MCL 330.1435], the court may order a peace officer to take the individual into protective custody” and transport the individual to receive “the ordered…”
In Re Mat (Mich. Ct. App. 2024).
· cites it 6× “” MCL 330.1435(2). “If it appears to the court that the individual will not comply with an order of examination .”
in Re Evan Benford (Mich. Ct. App. 2021).
· cites it 5× “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.”
20231214_C365552_28_365552.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 3× “ANALYSIS Respondent argues that the probate court granted a petition that violated MCL 330.1435 and MCL 330.1436. “Proceedings seeking an order of involuntary mental-health treatment under the Mental Health Code for an individual on the basis of mental illness .”
In Re Freddy Delatorre (Mich. Ct. App. 2021).
· cites it 2× “1 In those 1 MCL 330.1435 states: (1) If the petition is accompanied by 1 clinical certificate, the court shall order the individual to be examined by a psychiatrist.”
In Re Bsm (Mich. Ct. App. 2023).
· cites it 2× “” MCL 330.1435(1). The individual may be “detained at the place of examination as long as necessary to complete the examination .”
20241213_C371623_54_371623.Opn.Pdf (Mich. Ct. App. 2024).
· cites it 2× “Because a clinical certificate was attached to the petition, and because it is plainly apparent that respondent was unwilling to make himself available for examination, the trial court was required to enter the order.”
In Re Kh (Mich. Ct. App. 2025).
“” MCL 330.1435(2). Thus, [i]f it appears to the court that the individual requires immediate assessment because the individual presents a substantial risk of significant physical or mental harm to themself in the near future or presents a substantial risk of significant physical…”
— Mich. Comp. Laws § 330.1435(1) — 4 cases
in Re Evan Benford (Mich. Ct. App. 2021).
“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 Bsm (Mich. Ct. App. 2023).
“” MCL 330.1435(1). The individual may be “detained at the place of examination as long as necessary to complete the examination .”
In Re Jh (Mich. Ct. App. 2024).
“In the case that “it appears to the court that the individual will not comply with an order of examination under section [MCL 330.1435], the court may order a peace officer to take the individual into protective custody” and transport the individual to receive “the ordered…”
20241213_C371623_54_371623.Opn.Pdf (Mich. Ct. App. 2024).
“Because a clinical certificate was attached to the petition, and because it is plainly apparent that respondent was unwilling to make himself available for examination, the trial court was required to enter the order.”
— Mich. Comp. Laws § 330.1435(2) — 3 cases
In Re Jh (Mich. Ct. App. 2024).
“In the case that “it appears to the court that the individual will not comply with an order of examination under section [MCL 330.1435], the court may order a peace officer to take the individual into protective custody” and transport the individual to receive “the ordered…”
In Re Mat (Mich. Ct. App. 2024).
“” MCL 330.1435(2). “If it appears to the court that the individual will not comply with an order of examination .”
In Re Kh (Mich. Ct. App. 2025).
“” MCL 330.1435(2). Thus, [i]f it appears to the court that the individual requires immediate assessment because the individual presents a substantial risk of significant physical or mental harm to themself in the near future or presents a substantial risk of significant physical…”
— Mich. Comp. Laws § 330.1435(3) — 5 cases
In Re Mat (Mich. Ct. App. 2024).
“” MCL 330.1435(2). “If it appears to the court that the individual will not comply with an order of examination .”
in Re Evan Benford (Mich. Ct. App. 2021).
“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 Jh (Mich. Ct. App. 2024).
“In the case that “it appears to the court that the individual will not comply with an order of examination under section [MCL 330.1435], the court may order a peace officer to take the individual into protective custody” and transport the individual to receive “the ordered…”
In Re Bsm (Mich. Ct. App. 2023).
“” MCL 330.1435(1). The individual may be “detained at the place of examination as long as necessary to complete the examination .”
20231214_C365552_28_365552.Opn.Pdf (Mich. Ct. App. 2023).
“ANALYSIS Respondent argues that the probate court granted a petition that violated MCL 330.1435 and MCL 330.1436. “Proceedings seeking an order of involuntary mental-health treatment under the Mental Health Code for an individual on the basis of mental illness .”
— Mich. Comp. Laws § 330.1435(4) — 1 case
In Re Freddy Delatorre (Mich. Ct. App. 2021).
“1 In those 1 MCL 330.1435 states: (1) If the petition is accompanied by 1 clinical certificate, the court shall order the individual to be examined by a psychiatrist.”
— Mich. Comp. Laws § 330.1435(5) — 1 case
20241213_C371623_54_371623.Opn.Pdf (Mich. Ct. App. 2024).
“Because a clinical certificate was attached to the petition, and because it is plainly apparent that respondent was unwilling to make himself available for examination, the trial court was required to enter the order.”
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