Section 330.1519 - Alternative care and treatment. - Michigan Statutes

MENTAL HEALTH CODE (EXCERPT)
Act 258 of 1974

330.1519 Alternative care and treatment.

Sec. 519.

(1) Prior to making an order of disposition pursuant to section 518(2), the court shall consider ordering a course of care and treatment that is an alternative to admission to a center. To that end, the court shall review the report submitted to it pursuant to section 516(6)(c) and (d).

(2) If the court finds that a program of care and treatment other than admission to a center is adequate to meet the individual's care and treatment needs and is sufficient to prevent harm or injury which the individual may inflict upon himself or herself or others, the court shall order the individual to receive whatever care and treatment is appropriate under section 518(2)(c).

(3) If at the end of one year it is believed that the individual continues to meet the criteria for judicial admission, a new petition may be filed under section 516.

(4) If at any time during the 1-year period it comes to the attention of the court either that an individual ordered to undergo a program of alternative care and treatment is not complying with the order or that the alternative care and treatment has not been sufficient to prevent harm or injuries which the individual may be inflicting upon himself or herself or others, the court may without a hearing and based upon the record and other available information do either of the following:

(a) Consider other alternatives to admission to a center, modify its original order, and direct the individual to undergo another program of alternative care and treatment for the remainder of the 1-year period.

(b) Enter a new order pursuant to section 518(2)(a) or (b) directing that the individual be admitted to a center recommended by the community mental health services program. If the individual refuses to comply with this order, the court may direct a peace officer to take the individual into protective custody and transport him or her to the center recommended by the community mental health services program.

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