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

Mich. Comp. Laws § 330.1722 (2026)

Protection of recipient from abuse or neglect.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1722 Protection of recipient from abuse or neglect.

Sec. 722.

    (1) A recipient of mental health services shall not be subjected to abuse or neglect.

    (2) The department, each community mental health services program, each licensed hospital, and each service provider under contract with the department, community mental health services program, or licensed hospital shall ensure that appropriate disciplinary action is taken against those who have engaged in abuse or neglect.

    (3) A recipient of mental health services who is abused or neglected has a right to pursue injunctive and other appropriate civil relief.

History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 1982–2025 · leading case: Derek Waskul v. Washtenaw Cnty. Cmty. Mental Health, 979 F.3d 426 (6th Cir. 2020).
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Derek Waskul v. Washtenaw Cnty. Cmty. Mental Health, 979 F.3d 426 (6th Cir. 2020). · cites it 3× “§ 794 ; the Michigan Mental Health Code, Mich. Comp. Laws § 330.1722 ; and the terms of Michigan’s Medicaid Habilitation Supports Waiver and the contracts implementing it.”
Rocco v. Dep't of Mental Health, 319 N.W.2d 674 (Mich. Ct. App. 1982). · cites it 10× “Defendants urged that they were immune from the tort claim embodied in Count I. They further contended that Count II, alleging breach of implied contract, should be dismissed because it merely restated Count I's claim of negligence.”
Martinique Stoudemire v. Mich. Dep't of Corr., 705 F.3d 560 (6th Cir. 2013). · cites it 2× “§ 12132 ; and Mich. Comp. Laws § 330.1722 . Stoude-mire, who has suffered from autoimmune and kidney disorders since she was a youth, alleges that, while she was an inmate at Huron, she underwent three separate amputations as a result of inadequate health care by the Defendants,…”
Diamond v. Witherspoon, 696 N.W.2d 770 (Mich. Ct. App. 2005). · cites it 2× “Because the Legislature did not provide that public mental health facilities could be liable under MCL 330.1722, the Dockweiler Court concluded that public health facilities were immune under the GTLA when engaged in their governmental function.”
De Sanchez v. Genoves-Andrews, 410 N.W.2d 803 (Mich. Ct. App. 1987). · cites it 6× “Liability for the "abuse" of plaintiffs' decedent in violation of MCL 330.1722; MSA 14.800(722). Against defendant Genoves-Andrews, plaintiffs alleged the following: 1.”
De Sanchez v. Genoves-Andrews, 446 N.W.2d 538 (Mich. Ct. App. 1989). · cites it 5× “3. Liability for breach of contract to provide adequate medical attention to decedent.”
Dockweiler v. Wentzell, 425 N.W.2d 468 (Mich. Ct. App. 1988). · cites it 3× “548(302)(a); 1 against acmhs for professional malpractice, violation of civil rights, negligent maintenance of premises, negligent supervision, and violation of the Mental Health Code, MCL 330.1722; MSA 14.800(722); and against Allegan County for professional malpractice,…”
Brown v. Hatch, 984 F. Supp. 2d 700 (E.D. Mich. 2013). “§ 330.1722(1), (3) (statutory abuse or neglect); (3) Count III — Defendants violated Henry’s substantive due process rights under the Fourteenth Amendment to the United States Constitution (the 42 U.”
Ross v. Consumers Power Co., 363 N.W.2d 641 (Mich. 1985). · cites it 12× “The Court rejected plaintiff's argument that MCL 330.1722; MSA 14.800(722) is a statutory exception to the governmental immunity act.”
Stoudemire v. Michigan Dep't of Corr., 614 F. App'x 798 (6th Cir. 2015). “§ 12132 , and Mich. Comp. Laws § 330.1722 , for violating, inter alia, Stoudemire’s Eighth Amendment rights.”
Siener v. State of Michigan, 323 N.W.2d 642 (Mich. Ct. App. 1982). · cites it 4× “Plaintiff next argues that an exception to the governmental immunity statute is created by MCL 330.1722; MSA 14.800(722) of the Mental Health Code which provides: "Sec.”
Waskul v. Washtenaw Cnty. Cmty. Mental Health, 221 F. Supp. 3d 913 (E.D. Mich. 2016). “ealth Code Claims Plaintiffs bring claims against Defendants Cortes, Terrwilliger and Lyon for: (1) violation of the Social Security Act, failure to authorize services in the amount, scope or duration to reasonably achieve their purpose: (2) violation of Social Security Act,…”
Show all 23 citing cases →
— Mich. Comp. Laws § 330.1722(1) — 4 cases
Brown v. Hatch, 984 F. Supp. 2d 700 (E.D. Mich. 2013). “§ 330.1722(1), (3) (statutory abuse or neglect); (3) Count III — Defendants violated Henry’s substantive due process rights under the Fourteenth Amendment to the United States Constitution (the 42 U.”
Waskul v. Washtenaw Cnty. Cmty. Mental Health, 221 F. Supp. 3d 913 (E.D. Mich. 2016). “ealth Code Claims Plaintiffs bring claims against Defendants Cortes, Terrwilliger and Lyon for: (1) violation of the Social Security Act, failure to authorize services in the amount, scope or duration to reasonably achieve their purpose: (2) violation of Social Security Act,…”
Peterson v. Polavarapu (E.D. Mich. 2021).
Timothy a Carl v. Muskegon Cnty. (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 330.1722(3) — 1 case
Diamond v. Witherspoon, 696 N.W.2d 770 (Mich. Ct. App. 2005). “Because the Legislature did not provide that public mental health facilities could be liable under MCL 330.1722, the Dockweiler Court concluded that public health facilities were immune under the GTLA when engaged in their governmental function.”
— Mich. Comp. Laws § 330.1722(4) — 1 case
Ross v. Consumers Power Co., 363 N.W.2d 641 (Mich. 1985). “The Court rejected plaintiff's argument that MCL 330.1722; MSA 14.800(722) is a statutory exception to the governmental immunity act.”
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