MENTAL HEALTH CODE
Act 258 of 1974
330.1473 Petition for second or continuing order of involuntary mental health treatment; contents; clinical certificate.
Sec. 473.
Not less than 14 days before the expiration of an initial, second, or continuing order of involuntary mental health treatment issued under section 472a or section 485a, a hospital director or an agency or mental health professional supervising an individual's assisted outpatient treatment shall file a petition for a second or continuing order of involuntary mental health treatment if the hospital director or supervisor believes the individual continues to be a person requiring treatment and that the individual is likely to refuse treatment on a voluntary basis when the order expires. The petition shall contain a statement setting forth the reasons for the hospital director's or supervisor's or their joint determination that the individual continues to be a person requiring treatment, a statement describing the treatment program provided to the individual, the results of that course of treatment, and a clinical estimate as to the time further treatment will be required. The petition shall be accompanied by a clinical certificate executed by a psychiatrist.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 498, Eff. Mar. 30, 2005 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
Notes of Decisions
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
· cites it 4× “In the instant case, respondent's appeal stems from the CFP's petition for a continuing order of involuntary mental health treatment filed pursuant to § 473, MCL 330.1473, which provides, in pertinent part, that "[n]ot less than 14 days before the expiration of [a] .”
In Re Alondra Eddins (Mich. Ct. App. 2022).
· cites it 13× “Respondent contends that the most-recent petition for continuing mental-health treatment was deficient because it did not set forth all of the factual information required by MCL 330.1473 of the Mental Health Code, MCL 330.”
In Re Wm (Mich. Ct. App. 2023).
· cites it 7× “VIOLATION OF MCL 330.1473 Respondent argues the probate court erred by entering a second order for mental health treatment because the petition for a second order for mental health treatment was filed outside the statutorily required time frame.”
In Re Tav (Mich. Ct. App. 2025).
· cites it 6× “Because the second petition failed to comply with the statutory provision and the error affected TAV’s liberty interests, I would reverse the order granting the petition.”
In Re Tav (Mich. Ct. App. 2025).
· cites it 5× “Respondent appeals the second order for his mental health treatment, arguing the order’s underlying petition was deficient because it did not comply with MCL 330.1473—specifically, respondent argues the petition was deficient because it did not (1) list the treatment to be…”
In Re Kkw (Mich. Ct. App. 2025).
· cites it 5× “1472a(3); MCL 330.1473. Under the Mental Health Code, the probate court must find that the respondent is a person requiring treatment by clear and convincing evidence.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
· cites it 4× “continuing order of involuntary mental health treatment issued under section 472a or section 485a, a hospital director . . . shall file a petition for a second or continuing order of involuntary mental health treatment if the hospital director or supervisor believes the…”
Arthur Duckett v. Mary C Solky (Mich. Ct. App. 2022).
· cites it 4× “” MCL 330.1473. If a petition for a second order of involuntary mental health treatment is filed under MCL 330.”
D in Re Alondra Eddins (Mich. Ct. App. 2022).
· cites it 2× “(dissenting) I fully join in the majority’s recitation of the facts, and I fully join in the majority’s analysis and conclusion that the 2021 petition failed to comply with the requirements of MCL 330.1473. I respectfully disagree with the majority’s conclusion that the…”
In Re Jgs Jr (Mich. Ct. App. 2025).
· cites it 2× “In that case, the petition had failed to include a description of the respondent’s current condition and failed to include the results of the treatment the respondent was undergoing, both in violation of MCL 330.1473. Id. This Court acknowledged that the petition did not…”
In Re Car (Mich. Ct. App. 2023).
“Respondent’s appeal stems from a petition for a continuing order of involuntary mental- health treatment filed pursuant to MCL 330.1473, which provides: Not less than 14 days before the expiration of an initial, second, or continuing order of involuntary mental health treatment .”
20241218_C370551_23_370551.Opn.Pdf (Mich. Ct. App. 2024).
“See MCL 330.1473. Before entering a second or continuing order for involuntary treatment, the court must first find that the respondent “continues to be a person requiring treatment .”
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