Probate Court
Mental Illness Court Orders
Possible Dispositions (Sec. 468)
- Dismissal and release
- Hospitalization
- Combination hospitalization and alternative treatment
- Alternative treatment
- Court should make finding of fact to support disposition
Alternative Treatment and Combined Hospitalization and Alternative Treatment (Sec. 469)
- Before ordering a course of treatment the Court must:
- Inquire as to the desires of the individual
- Review a written alternative report prepared not more than 15 days before the hearing
- Receive a written report or oral testimony from supervising agency that they are capable of such supervision of Court orders, alternative treatment
- If the "Order for Report on Alternative Treatment" and Report is properly completed, it may satisfy the above requirements.
- After the initial hearing, the Court may order:
- Hospitalization up to 60 days
- Combined hospitalization (up to 60 days) and alternative treatment totaling up to 90 days
- Alternative treatment for up to 90 days
- Release from hospital
- The Court may act summarily, when notified of
non-compliance or insufficiency of an alternative
order. It may:
- Order a transfer to another alternative treatment program.
- Order a transfer to a hospital or facility for the
remainder of the 60 days or 90 days whichever is
less. Patient has right to demand hearing on Order.
- The decision to release from the hospital to the alternative treatment is made by hospital director unless patient is a resident of a county having full management mental health board in which case the decision is made by the community mental health board director.
- Appeal of a decision may be made to Department of Mental Health director in case of disagreement between hospital and Community Mental Health director. Department of Mental Health director's decision may be appealed to Probation Court on information provided by both parties. No hearing seems to be required for such an appeal.
- If re-hospitalized for more than 10 days, the patient may object to hospitalization and require a hearing.
- Set matter for hearing.
- The Court may order after second hearing:
- Hospitalization for 90 days.
- Combined hospitalization and alternative treatment for a period of not more than one year with hospitalization portion not to exceed 90 days.
- Alternative treatment for a period of not more than one year.
- Release from hospital.
- Hospitalization for not more than one year.
- Combined hospitalization and alternative treatment for a period of not more than one year with hospitalization portion not to exceed 90 days.
- Alternative treatment for a period of not more than one year.
- Release from hospital.
- Must be ordered by a psychiatrist.
- The decision to hospitalize the individual or to return the individual to the alternative treatment program is made by director of alternative treatment program.
- Court becomes involved only if patient refuses to comply with alternative order.
- Order a transfer to another alternative treatment program.
- Order a transfer to a hospital or facility for not
more than the remainder of the 90 days of
hospitalization or the remainder of the order,
whichever is shorter.
- The decision to release from the hospital to the alternative treatment is made by hospital director unless patient is a resident of a county having a full management mental health board in which case the decision is made by the community mental health board director.
- Appeal of a decision may be made to Department of Mental Health director in case of disagreement between hospital and Community Mental Health director. Department of Mental Health director's decision may be appealed to Probate Court on information provided by both parties. No hearing seems to be required for such an appeal.
- If re-hospitalized for more than 10 days, the patient may object to hospitalization and require hearing.
Periodic Reviews
- Each individual has a right to a six month periodic
review.
- On a one year hospitalization order.
- On a one year alternative treatment order.
- On a one year combined order.
- Each individual on one year hospitalization, one year alternative treatment order, or one year combined order may submit a complaint to the provider of services at any time. A copy of the complaint and provider's response shall be filed with the Court.
- Upon a hearing under either Sec. 484, if the individual is
under an order of continuing hospitalization, the Court may:
- Release.
- Issue a one year combined order.
- Issue a one year alternative treatment order.
- Continue the order.
- Upon a hearing under Sec. 484 if the individual is under a
one year alternative treatment order or a one year combined
order the Court may:
- Continue the order.
- Issue a new order for alternative treatment or an order for combined treatment for the remainder of the original order.