MENTAL HEALTH CODE
Act 258 of 1974
330.1453 Court hearing; notice.
Sec. 453.
(1) The court shall cause notice of a petition and of the time and place of any hearing to be given to the subject of the petition, his or her attorney, the petitioner, the prosecuting or other attorney provided for in section 457, the hospital director of any hospital in which the subject of a petition is hospitalized, the spouse of the subject of the petition if his or her whereabouts are known, the guardian, if any, of the subject of the petition, and other relatives or persons as the court may determine. Notice shall be given at the earliest practicable time and sufficiently in advance of the hearing date to permit preparation for the hearing.
(2) Within 4 days of the court's receipt of the documents described in section 452(1)(a), the court shall cause the subject of the petition to be given a copy of the petition, a copy of each clinical certificate executed in connection with the proceeding, notice of the right to a full court hearing, notice of the right to be present at the hearing, notice of the right to be represented by legal counsel, notice of the right to demand a jury trial, and notice of the right to an independent clinical evaluation.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
Notes of Decisions
Cited in
9
cases (
7 in the last 5 years), 1997–2024 · leading case:
In Re Kb, 562 N.W.2d 208 (Mich. Ct. App. 1997).
In Re Kb, 562 N.W.2d 208 (Mich. Ct. App. 1997).
“MCL 330.1453; MSA 14.800(453). Once “an individual is found to be a person requiring treatment,” the probate court may order hospitalization, alternative treatment that does not include hospitalization, or combined hospitalization and alternative treatment.”
In Re Mat (Mich. Ct. App. 2024).
· cites it 5× “, MCL 330.1453, In re CLJ, 345 Mich App at 356-357, but we 1 Although the plain-error rule cannot afford relief in civil cases, Tolas Oil & Gas Exploration Co v Bach Servs & Mfg, LLC, ___ Mich App ___; ___ NW3d ___ (2023) (Docket No.”
in Re Charles Portus (Mich. Ct. App. 2014).
· cites it 4× “5 Appellant alternatively argues that the probate court was required to dismiss the July 1, 2011 petition because he did not receive a copy of the petition and notice of his rights as required by MCL 330.1453. MCL 330.1453 provides: (1) The court shall cause notice of a petition…”
In Re Noah J Scoby (Mich. Ct. App. 2022).
· cites it 2× “Specifically, MCL 330.1453(2) requires: Within 4 days of the court's receipt of the documents described in section 452(1)(a), the court shall cause the subject of the petition to be given a copy of the petition, a copy of each clinical certificate executed in connection with the…”
In Re Jh (Mich. Ct. App. 2024).
· cites it 2× “” MCL 330.1453(1). The probate court must provide the subject of the petition notice of the right to a hearing and to be present at the hearing within four days after the court receives the petition and clinical certificates.”
In Re Ss (Mich. Ct. App. 2023).
“Respondent further argues that trial counsel was ineffective by failing to assist respondent in deciding whether to pursue an independent clinical evaluation.”
In Re Ss (Mich. Ct. App. 2023).
“MCL 330.1453(2). Contrary to respondent’s argument, she received notice of a right to an independent clinical evaluation.”
In Re Tnt (Mich. Ct. App. 2024).
“” In re Jestila, 345 Mich App at 356, citing MCL 330.1453(2). III. Analysis Subsection 330.”
— Mich. Comp. Laws § 330.1453(1) — 4 cases
In Re Mat (Mich. Ct. App. 2024).
“, MCL 330.1453, In re CLJ, 345 Mich App at 356-357, but we 1 Although the plain-error rule cannot afford relief in civil cases, Tolas Oil & Gas Exploration Co v Bach Servs & Mfg, LLC, ___ Mich App ___; ___ NW3d ___ (2023) (Docket No.”
In Re Jh (Mich. Ct. App. 2024).
“” MCL 330.1453(1). The probate court must provide the subject of the petition notice of the right to a hearing and to be present at the hearing within four days after the court receives the petition and clinical certificates.”
in Re Charles Portus (Mich. Ct. App. 2014).
“5 Appellant alternatively argues that the probate court was required to dismiss the July 1, 2011 petition because he did not receive a copy of the petition and notice of his rights as required by MCL 330.1453. MCL 330.1453 provides: (1) The court shall cause notice of a petition…”
— Mich. Comp. Laws § 330.1453(2) — 6 cases
In Re Noah J Scoby (Mich. Ct. App. 2022).
“Specifically, MCL 330.1453(2) requires: Within 4 days of the court's receipt of the documents described in section 452(1)(a), the court shall cause the subject of the petition to be given a copy of the petition, a copy of each clinical certificate executed in connection with the…”
In Re Ss (Mich. Ct. App. 2023).
“Respondent further argues that trial counsel was ineffective by failing to assist respondent in deciding whether to pursue an independent clinical evaluation.”
In Re Ss (Mich. Ct. App. 2023).
“MCL 330.1453(2). Contrary to respondent’s argument, she received notice of a right to an independent clinical evaluation.”
In Re Tnt (Mich. Ct. App. 2024).
“” In re Jestila, 345 Mich App at 356, citing MCL 330.1453(2). III. Analysis Subsection 330.”
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