MENTAL HEALTH CODE
Act 258 of 1974
330.1461 Testimony or deposition of physician or psychologist required; waiver; examinations; presence of attorney during deposition; cross-examination of deponent; waiver.
Sec. 461.
(1) An individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.
(2) For a petition filed under section 434(7), that does not seek hospitalization before the hearing, an individual may not be found to require treatment unless a psychiatrist who has personally examined that individual testifies. A psychiatrist's testimony is not necessary if a psychiatrist signs the petition. If a psychiatrist signs the petition, at least 1 physician or licensed psychologist who has personally examined that individual must testify. The requirement for testimony may be waived by the subject of the petition. If the testimony given in person is waived, a clinical certificate completed by a physician, licensed psychologist, or psychiatrist must be presented to the court before or at the initial hearing.
(3) The examinations required under this section for a petition filed under section 434(7) shall be arranged by the court and the local community mental health services program or other entity as designated by the department.
(4) A written deposition may be introduced as evidence at the hearing only if the attorney for the subject of the petition was given the opportunity to be present during the taking of the deposition and to cross-examine the deponent. This testimony or deposition may be waived by the subject of a petition. An individual may be found to require treatment even if the petitioner does not testify, as long as there is competent evidence from which the relevant criteria in section 401 can be established.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1976, Act 346, Imd. Eff. Dec. 21, 1976 ;-- 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 (
7 in the last 5 years), 2020–2025 · leading case:
In Re Cb (Mich. Ct. App. 2024).
In Re Cb (Mich. Ct. App. 2024).
· cites it 3× “] MCL 330.1461(1) provides: “An individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
In Re Mat (Mich. Ct. App. 2024).
· cites it 3× “] According to MCL 330.1461(1), “[a]n individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
Pelichet v. Gordon (E.D. Mich. 2020).
· cites it 2× “Mich. Comp. Laws § 330.1461 . Dr Stern was hired to conduct a psychological evaluation of Plaintiff Darryl Pelichet on November 8, 2016, and then testify at a November 9, 2016 Wayne County Probate Court hearing on a WPRH petition for a continuing Hospitalization Treatment Order…”
20241113_C370746_26_370746.Opn.Pdf (Mich. Ct. App. 2024).
· cites it 2× “MCL 330.1461(2). However, the testimony requirement may be waived by the subject of the petition.”
In Re Guardianship of Ammb (Mich. Ct. App. 2024).
“, MCL 330.1461(2) (physician or licensed psychologist required to testify that a person requires hospitalization); MCL 330.”
In Re Bsp (Mich. Ct. App. 2025).
“Under MCL 330.1461(1), “[a]n individual may not be found to require treatment unless at least [one] physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
In Re Yehg (Mich. Ct. App. 2025).
“” MCL 330.1461(1). Dr. Laura K. Reese, who filed this petition, satisfied this requirement because she is a doctor, personally examined respondent, and provided related testimony at the petition hearing.”
In Re Jgs Jr (Mich. Ct. App. 2025).
“Under MCL 330.1461(1), “[a]n individual may not be found to require treatment unless at least [one] physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
— Mich. Comp. Laws § 330.1461(1) — 5 cases
In Re Cb (Mich. Ct. App. 2024).
“] MCL 330.1461(1) provides: “An individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
In Re Mat (Mich. Ct. App. 2024).
“] According to MCL 330.1461(1), “[a]n individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
In Re Bsp (Mich. Ct. App. 2025).
“Under MCL 330.1461(1), “[a]n individual may not be found to require treatment unless at least [one] physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
In Re Yehg (Mich. Ct. App. 2025).
“” MCL 330.1461(1). Dr. Laura K. Reese, who filed this petition, satisfied this requirement because she is a doctor, personally examined respondent, and provided related testimony at the petition hearing.”
In Re Jgs Jr (Mich. Ct. App. 2025).
“Under MCL 330.1461(1), “[a]n individual may not be found to require treatment unless at least [one] physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.”
— Mich. Comp. Laws § 330.1461(2) — 2 cases
In Re Guardianship of Ammb (Mich. Ct. App. 2024).
“, MCL 330.1461(2) (physician or licensed psychologist required to testify that a person requires hospitalization); MCL 330.”
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