Michigan Compiled Laws

Mich. Comp. Laws § 330.1468 (2026)

Treatment; disposition; order of assisted outpatient treatment; assisted outpatient treatment plan.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

MENTAL HEALTH CODE


Act 258 of 1974


330.1468 Treatment; disposition; order of assisted outpatient treatment; assisted outpatient treatment plan.

Sec. 468.

    (1) For a petition filed under section 434, if the court finds that an individual is not a person requiring treatment, the court shall enter a finding to that effect and, if the person has been hospitalized before the hearing, shall order that the person be discharged immediately.

    (2) For a petition filed under section 434, if an individual is found to be a person requiring treatment, the court shall do 1 of the following:

    (a) Order the individual hospitalized in a hospital recommended by the community mental health services program or other entity as designated by the department.

    (b) Order the individual hospitalized in a private or veterans administration hospital at the request of the individual or his or her family, if private or federal funds are to be utilized and if the hospital agrees. If the individual is hospitalized in a private or Veterans Administration hospital under this subdivision, any financial obligation for the hospitalization shall be satisfied from funding sources other than the community mental health services program, the department, or other state or county funding.

    (c) Order the individual to undergo a program of combined hospitalization and assisted outpatient treatment, as recommended by the community mental health services program or other entity as designated by the department.

    (d) Order the individual to receive assisted outpatient treatment through a community mental health services program, or other entity as designated by the department, capable of providing the necessary treatment and services to assist the individual to live and function in the community as specified in the order. The court may include a case management plan and case management services and 1 or more of the following:

    (i) Medication.

    (ii) Blood or urinalysis tests to determine compliance with or effectiveness of prescribed medication.

    (iii) Individual or group therapy, or both.

    (iv) Day or partial day programs.

    (v) Educational or vocational training.

    (vi) Supervised living.

    (vii) Assertive community treatment team services.

    (viii) Substance use disorder treatment.

    (ix) Substance use disorder testing for individuals with a history of alcohol or substance use and for whom that testing is necessary to assist the court in ordering treatment designed to prevent deterioration. A court order for substance use testing is subject to review hearing once every 180 days.

    (x) Any other services prescribed to treat the individual's mental illness and either to assist the individual in living and functioning in the community or to help prevent a relapse or deterioration that may reasonably be predicted to result in suicide or the need for hospitalization.

    (3) In developing an assisted outpatient treatment plan, a psychiatrist shall supervise the preparation and implementation of the assisted outpatient treatment plan. The assisted outpatient treatment plan shall be completed within 30 days after entry of the court's order of assisted outpatient treatment and a copy shall be forwarded to the probate court for filing within 3 days after completion of the plan to be maintained in the court file.

    (4) In developing an assisted outpatient treatment order, the court shall consider any preference or medication experience reported by the individual or his or her designated representative, whether or not the individual has an existing individual plan of services under section 712, and any direction included in a durable power of attorney or advance directive that exists.

    (5) Before an order of assisted outpatient treatment expires, if the individual has not previously designated a patient advocate or executed a durable power of attorney or an advance directive, the responsible community mental health services program or other entity as designated by the department shall ascertain whether the individual desires to establish a durable power of attorney or an advance directive. If so, the community mental health services program or other entity as designated by the department shall direct the individual to the appropriate community resource for assistance in developing a durable power of attorney or an advance directive.

    (6) If an order for assisted outpatient treatment conflicts with the provisions of an existing durable power of attorney, advance directive, or individual plan of services developed under section 712, the assisted outpatient treatment order shall be reviewed for possible adjustment by a psychiatrist not previously involved with developing the assisted outpatient treatment order. If an order for assisted outpatient treatment conflicts with the provisions of an existing advance directive, durable power of attorney, or individual plan of services developed under section 712, the court shall state the court's findings on the record or in writing if the court takes the matter under advisement, including the reason for the conflict.

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1980, Act 138, Imd. Eff. May 29, 1980 ;-- Am. 1982, Act 178, Imd. Eff. June 14, 1982 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- 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 23 cases (12 in the last 5 years), 1978–2026 · leading case: People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). · cites it 9× “Thus, the probate court was specifically directed to look to MCL 330.1468, which sets forth these potential treatment options, and the probate court did not err by *46 referring to this statute.”
People v. Goad, 364 N.W.2d 584 (Mich. 1985). · cites it 2× “800(477) which in turn refers in its text to MCL 330.1468(2)(c); MSA 14.800(468)(2)(c).”
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “MCL 330.1468, 330.1476(2); MSA 14.800(468), 14.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984). “Probate courts may order an individual "hospitalized”, MCL 330.1468; MSA 14.800(468), and hospitalization is defined as providing "treatment for a person as an inpatient”.”
De Sanchez v. Genoves-Andrews, 410 N.W.2d 803 (Mich. Ct. App. 1987). · cites it 2× “If a psychiatrist certifies that the patient is one who requires treatment, the patient's hospitalization may continue pending a court hearing.”
United States v. McMichael, 350 F. Supp. 3d 647 (W.D. Mich. 2018). “LAWS § 330.1468. An individual temporarily hospitalized under a medical certification, however, may not always proceed to a court hearing.”
In Re Kb, 562 N.W.2d 208 (Mich. Ct. App. 1997). “MCL 330.1468(2); MSA 14.800(468)(2). If the court decides that a combined plan of hospitalization and alternative treatment is warranted, the court may order such treatment for a period not to exceed ninety days, of which the hospitalization may not exceed sixty days.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). · cites it 9× “Thus, the probate court was specifically directed to look to MCL 330.1468, which sets forth these potential treatment options, and the probate court did not err by referring to this statute.”
In Re Djb (Mich. Ct. App. 2025). · cites it 5× ““If the court orders assisted outpatient treatment as the alternative to hospitalization, the order must be consistent with the provisions of [MCL 330.1468(2)(d).]” MCL 330.1469a(3). MCL 330.”
In Re Cl (Mich. Ct. App. 2025). · cites it 5× “This Court has summarized important provisions and definitions applicable to civil- commitment proceedings as follows: “Involuntary mental health treatment” means “court-ordered hospitalization, assisted outpatient treatment, or combined hospitalization and assisted outpatient…”
In Re Chadd Londowski (Mich. Ct. App. 2022). · cites it 3× “” MCL 330.1468(2). “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 Chadd Londowski (Mich. Ct. App. 2022). · cites it 3× “” MCL 330.1468(2). “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.”
— Mich. Comp. Laws § 330.1468(2) — 12 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “Thus, the probate court was specifically directed to look to MCL 330.1468, which sets forth these potential treatment options, and the probate court did not err by *46 referring to this statute.”
In Re Kb, 562 N.W.2d 208 (Mich. Ct. App. 1997). “MCL 330.1468(2); MSA 14.800(468)(2). If the court decides that a combined plan of hospitalization and alternative treatment is warranted, the court may order such treatment for a period not to exceed ninety days, of which the hospitalization may not exceed sixty days.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). “Thus, the probate court was specifically directed to look to MCL 330.1468, which sets forth these potential treatment options, and the probate court did not err by referring to this statute.”
In Re Cl (Mich. Ct. App. 2025). “This Court has summarized important provisions and definitions applicable to civil- commitment proceedings as follows: “Involuntary mental health treatment” means “court-ordered hospitalization, assisted outpatient treatment, or combined hospitalization and assisted outpatient…”
In Re Chadd Londowski (Mich. Ct. App. 2022). “” MCL 330.1468(2). “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.”
— Mich. Comp. Laws § 330.1468(2)(c) — 1 case
People v. Goad, 364 N.W.2d 584 (Mich. 1985). “800(477) which in turn refers in its text to MCL 330.1468(2)(c); MSA 14.800(468)(2)(c).”
— Mich. Comp. Laws § 330.1468(2)(d) — 2 cases
In Re Djb (Mich. Ct. App. 2025). ““If the court orders assisted outpatient treatment as the alternative to hospitalization, the order must be consistent with the provisions of [MCL 330.1468(2)(d).]” MCL 330.1469a(3). MCL 330.”
In Re Kkw (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 330.1468(3) — 3 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “Thus, the probate court was specifically directed to look to MCL 330.1468, which sets forth these potential treatment options, and the probate court did not err by *46 referring to this statute.”
20250123_C370552_28_370552.Opn.Pdf (Mich. Ct. App. 2025).
in Re Charles Frederick Portus (Mich. Ct. App. 2018). “Thus, the probate court was specifically directed to look to MCL 330.1468, which sets forth these potential treatment options, and the probate court did not err by referring to this statute.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.