MENTAL HEALTH CODE
Act 258 of 1974
330.1469a Treatment program as alternative to hospitalization; assisted outpatient treatment; court order.
Sec. 469a.
(1) Except for a petition filed as described under section 434(7), before ordering a course of treatment for an individual found to be a person requiring treatment, the court must review a report on alternatives to hospitalization that was prepared under section 453a not more than 15 days before the court issues the order. After reviewing the report, the court shall do all of the following:
(a) Determine whether a treatment program that is an alternative to hospitalization or that follows an initial period of hospitalization is adequate to meet the individual's treatment needs and is sufficient to prevent harm that the individual may inflict upon himself or herself or upon others within the near future.
(b) Determine whether there is an agency or mental health professional available to supervise the individual's treatment program.
(c) Inquire as to the individual's desires regarding alternatives to hospitalization.
(2) If the court determines that there is a treatment program that is an alternative to hospitalization that is adequate to meet the individual's treatment needs and prevent harm that the individual may inflict upon himself or herself or upon others within the near future and that an agency or mental health professional is available to supervise the program, the court shall issue an order for assisted outpatient treatment or combined hospitalization and assisted outpatient treatment in accordance with section 472a. The order shall state the community mental health services program or, if private arrangements have been made for the reimbursement of mental health treatment services in an alternative setting, the name of the mental health agency or professional that is directed to supervise the individual's assisted outpatient treatment program. The order may provide that if an individual refuses to comply with a psychiatrist's order to return to the hospital, a peace officer must take the individual into protective custody. After the individual is taken into protective custody by a peace officer, a peace officer or a security transport officer shall transport the individual to the hospital selected.
(3) If the court orders assisted outpatient treatment as the alternative to hospitalization, the order must be consistent with the provisions of section 468(2)(d).
History: Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 497, Eff. Mar. 30, 2005 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
Notes of Decisions
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
· cites it 13× “In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a, 3 which provides, in relevant part, as follows: *387 (1) Except for a petition filed as described under [ MCL 330.”
In Re Djb (Mich. Ct. App. 2025).
· cites it 15× “” Moreover, MCL 330.1469a(1) provides that a probate court “must review a report on alternatives to hospitalization .”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
· cites it 12× “In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a,3 which provides in relevant part as follows: (1) Except for a petition filed as described under section 434(6),[4] before ordering a course of treatment for an…”
20240215_C367990_33_367990.Opn.Pdf (Mich. Ct. App. 2024).
· cites it 8× “’ ” Portus, 325 Mich App at 390 , quoting MCL 330.1469a(1). Although MCL 330.1469a(1) imposes other requirements, respondent challenges only the probate court’s compliance with subsection (1)(a).”
In Re Kkw (Mich. Ct. App. 2025).
· cites it 6× “Therefore, the requirements of MCL 330.1469a were met. Although she continued to be a person requiring treatment, respondent’s overall mental condition was improving and stabilizing.”
In Re Car (Mich. Ct. App. 2023).
· cites it 3× “Before ordering treatment for a “person requiring treatment,” the probate court is mandated by MCL 330.1469a(1) to take three actions: (1) determine “whether a treatment program that is an alternative to hospitalization or that follows an initial period of hospitalization is…”
In Re Mat (Mich. Ct. App. 2024).
· cites it 2× “[MCL 330.1469a(1)(a) through (c).] If the trial court locates a treatment program that is an alternative to hospitalization and is adequate to meet the treatment needs of the respondent, “the court shall issue an order for assisted outpatient treatment or combined…”
In Re Bsm (Mich. Ct. App. 2023).
“[MCL 330.1469a(1).] Here, a report on alternative mental-health treatment was furnished to the trial court before disposition.”
In Re Ss (Mich. Ct. App. 2023).
“There is ample evidence that the probate court complied with MCL 330.1469a(1) and considered alternatives to hospitalization.”
In Re Ss (Mich. Ct. App. 2023).
“There is ample evidence that the probate court complied with MCL 330.1469a(1) and considered alternatives to hospitalization.”
In Re Cl (Mich. Ct. App. 2025).
“This Court has recognized that “MCL 330.1469a requires that a preponderance of the evidence support the probate court’s findings with respect to its determinations regarding an individual’s treatment and placement.”
— Mich. Comp. Laws § 330.1469a(1) — 9 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a, 3 which provides, in relevant part, as follows: *387 (1) Except for a petition filed as described under [ MCL 330.”
In Re Djb (Mich. Ct. App. 2025).
“” Moreover, MCL 330.1469a(1) provides that a probate court “must review a report on alternatives to hospitalization .”
20240215_C367990_33_367990.Opn.Pdf (Mich. Ct. App. 2024).
“’ ” Portus, 325 Mich App at 390 , quoting MCL 330.1469a(1). Although MCL 330.1469a(1) imposes other requirements, respondent challenges only the probate court’s compliance with subsection (1)(a).”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a,3 which provides in relevant part as follows: (1) Except for a petition filed as described under section 434(6),[4] before ordering a course of treatment for an…”
In Re Bsm (Mich. Ct. App. 2023).
“[MCL 330.1469a(1).] Here, a report on alternative mental-health treatment was furnished to the trial court before disposition.”
— Mich. Comp. Laws § 330.1469a(1)(a) — 6 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a, 3 which provides, in relevant part, as follows: *387 (1) Except for a petition filed as described under [ MCL 330.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a,3 which provides in relevant part as follows: (1) Except for a petition filed as described under section 434(6),[4] before ordering a course of treatment for an…”
20240215_C367990_33_367990.Opn.Pdf (Mich. Ct. App. 2024).
“’ ” Portus, 325 Mich App at 390 , quoting MCL 330.1469a(1). Although MCL 330.1469a(1) imposes other requirements, respondent challenges only the probate court’s compliance with subsection (1)(a).”
In Re Djb (Mich. Ct. App. 2025).
“” Moreover, MCL 330.1469a(1) provides that a probate court “must review a report on alternatives to hospitalization .”
In Re Mat (Mich. Ct. App. 2024).
“[MCL 330.1469a(1)(a) through (c).] If the trial court locates a treatment program that is an alternative to hospitalization and is adequate to meet the treatment needs of the respondent, “the court shall issue an order for assisted outpatient treatment or combined…”
— Mich. Comp. Laws § 330.1469a(1)(b) — 1 case
In Re Djb (Mich. Ct. App. 2025).
“” Moreover, MCL 330.1469a(1) provides that a probate court “must review a report on alternatives to hospitalization .”
— Mich. Comp. Laws § 330.1469a(1)(c) — 3 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a, 3 which provides, in relevant part, as follows: *387 (1) Except for a petition filed as described under [ MCL 330.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a,3 which provides in relevant part as follows: (1) Except for a petition filed as described under section 434(6),[4] before ordering a course of treatment for an…”
In Re Kkw (Mich. Ct. App. 2025).
“Therefore, the requirements of MCL 330.1469a were met. Although she continued to be a person requiring treatment, respondent’s overall mental condition was improving and stabilizing.”
— Mich. Comp. Laws § 330.1469a(2) — 7 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a, 3 which provides, in relevant part, as follows: *387 (1) Except for a petition filed as described under [ MCL 330.”
In Re Djb (Mich. Ct. App. 2025).
“” Moreover, MCL 330.1469a(1) provides that a probate court “must review a report on alternatives to hospitalization .”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
“In determining which treatment option to order, there is statutory guidance for a probate court in MCL 330.1469a,3 which provides in relevant part as follows: (1) Except for a petition filed as described under section 434(6),[4] before ordering a course of treatment for an…”
In Re Kkw (Mich. Ct. App. 2025).
“Therefore, the requirements of MCL 330.1469a were met. Although she continued to be a person requiring treatment, respondent’s overall mental condition was improving and stabilizing.”
In Re Car (Mich. Ct. App. 2023).
“Before ordering treatment for a “person requiring treatment,” the probate court is mandated by MCL 330.1469a(1) to take three actions: (1) determine “whether a treatment program that is an alternative to hospitalization or that follows an initial period of hospitalization is…”
— Mich. Comp. Laws § 330.1469a(3) — 2 cases
In Re Djb (Mich. Ct. App. 2025).
“” Moreover, MCL 330.1469a(1) provides that a probate court “must review a report on alternatives to hospitalization .”
In Re Car (Mich. Ct. App. 2023).
“Before ordering treatment for a “person requiring treatment,” the probate court is mandated by MCL 330.1469a(1) to take three actions: (1) determine “whether a treatment program that is an alternative to hospitalization or that follows an initial period of hospitalization is…”
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