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

Mich. Comp. Laws § 330.1465 (2026)

Clear and convincing evidence required.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1465 Clear and convincing evidence required.

Sec. 465.

    A judge or jury shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence.

History: 1974, Act 258, Eff. Nov. 6, 1974

Notes of Decisions
Cited in 45 cases (38 in the last 5 years), 1983–2026 · leading case: People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
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People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). · cites it 5× “" According to petitioner, the evidentiary standard contained in MCL 330.1465, which provides that "[a] judge or jury shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence," only applied to…”
Clifford Tyler v. Hillsdale Cnty. Sheriff's Dep't, 775 F.3d 308 (6th Cir. 2014). · cites it 2× “” Mich. Comp. Laws § 330.1465 . No. 13-1876 Tyler v.”
In Re Kb, 562 N.W.2d 208 (Mich. Ct. App. 1997). “MCL 330.1465; MSA 14.800(465). Within four days of the filing of a petition, the probate court must give the person who is the subject of the petition a copy of the petition and notice of the rights *418 to a full court hearing, to be present at the hearing, to legal…”
Chrite v. United States, 564 F. Supp. 341 (E.D. Mich. 1983). “§ 330.1465]: “A judge or jury shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). · cites it 5× “” According to petitioner, the evidentiary standard contained in MCL 330.1465, which provides that “[a] judge or jury shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence,” only applied to…”
In Re Chadd Londowski (Mich. Ct. App. 2022). · cites it 3× “” MCL 330.1465. The term “person requiring treatment” is defined in MCL 330.”
In Re Chadd Londowski (Mich. Ct. App. 2022). · cites it 3× “” MCL 330.1465. The term “person requiring treatment” is defined in MCL 330.”
In Re Cb (Mich. Ct. App. 2024). · cites it 2× “) MCL 330.1465 provides that the trial court “shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence.”
Buhl v. Doe (E.D. Mich. 2024). · cites it 2× “2d at 664 (first quoting Mich. Comp. Laws Ann. § 330.1468 (2) then quoting Mich.”
20241218_C370551_23_370551.Opn.Pdf (Mich. Ct. App. 2024). · cites it 2× “1401] “ ‘Mental illness’ means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” MCL 330.1400(g).”
20250123_C370552_28_370552.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “] Under MCL 330.1465, the trial court “shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence.”
In Re Jm (Mich. Ct. App. 2026). · cites it 2× “1468(2), and MCL 330.1465. “Evidence is clear and convincing when it produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.”
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