Frequently Asked Questions

No. Any adult (18+ years) who has witnessed behavior within the last 14 days indicative of a person requiring treatment for mental illness may file a petition with the court.

After a Petition for Mental Health Treatment is filed which asserts an individual is a person requiring treatment, if it appears to the court that the individual will not comply with an Order of Examination, the court may order a peace officer to transport the individual to Common Ground for the ordered examination.

You go to the Probate Court of the county where the alleged mentally ill person resides or where they are found to file the petition. You will be required to present testimony to the judge about the person's actions of the last two weeks (14 days). If the judge issues the Order for Transport and Examination, you will receive a sealed copy of the order to give to the police who will transport the person to Common Ground at 461 W. Huron, Pontiac, MI 48341.

Yes. However drug and/or alcohol addiction alone does not constitute sufficient reason for commitment under the Mental Health Code. The individual must also meet the criteria specified by Michigan statutes as a person requiring treatment.

A doctor will examine the person. It takes two doctors, one of whom must be a psychiatrist, to certify that the person is mentally ill and requires hospitalization. If a doctor feels the person is in need of inpatient treatment, Common Ground will transport the person to a local hospital for another evaluation (by a psychiatrist-MD). If the psychiatrist certifies that the person is in need of hospitalization, two physician certifications and a petition are forwarded to the court. Once certification is done, the hospital sends the physicians certificates to the court, and a hearing date is set within seven (7) days. An attorney is appointed for the person. The person remains hospitalized until the hearing occurs.

Yes. If you can get the person to see a physician, the family doctor can complete one of the physician's certificates necessary to commit. You may fill out a petition at the doctor's office. That petition combined with the completed physician's certificate acts the same as a court order to have the mentally ill person transported against his/her will to Common Ground. Common Ground is the liaison service/crisis center for Oakland County located at 461 W. Huron, Pontiac, MI. 248-456-1991.

The police can transport the person for an evaluation only if they witness the person's actions that would conform with the requirements of the Mental Health law. Most often, the police will want you to go to the court and obtain an Order for Transport.

Ascension Providence Rochester, Ascension Providence Southfield, Havenwyck Hospital, Kingswood Hospital, McClaren Oakland, Pontiac General, and Trinity Health Oakland are some of the local hospitals which house involuntary mentally ill patients.

You will need to talk with a caseworker or psychiatrist from Program Services/Counseling at 248-858-1731 at the Oakland County Jail about the person's history of mental health problems. The psychiatrist at the Oakland County Jail may request that you complete a petition, and the psychiatrist may complete the necessary medical certification.

No, a finding by the court that a person requires treatment or admission to a hospital by court order does not constitute a legal incompetency.

The minor's parent or legal guardian must make the request for hospitalization and the minor must be found to be suitable for hospitalization. The minor must be emotionally disturbed and present a serious danger to him/herself or others. Transport may be made by a peace officer with an order of the court if the criteria have been met and after testimony to the judge.

Yes. A person can be admitted to a hospital on an informal voluntary basis or a formal voluntary basis. An informal voluntary process requires the person over the age of 18 to request treatment. The process can normally be done without the formal execution of any admission papers. A formal voluntary patient will execute an application for hospitalization and may be admitted if the director of the hospital determines that he/she is suitable for hospitalization.

Yes. Because you came in on a voluntary basis, you may leave on a voluntary basis. However, the hospital may determine that you need continued hospitalization and can detain you for 72 hours in order to complete a petition and two physician certificates. The hospital has 72 hours after a Notice of Intent to Terminate Voluntary Status has been filed with them to file the petition.

A peace officer.

The court is required to schedule a hearing within seven (7) days from the time the court receives the paperwork (petition and two physician certificates).

The initial order of hospitalization shall not exceed 60 days.  An initial order of assisted outpatient treatment shall not exceed 180 days, with the hospitalization portion not exceeding 60 days.

Before the expiration of the initial order and a finding that the patient continues to be a person requiring treatment, the court shall issue a second order for involuntary treatment that shall not exceed 90 days.

Before the expiration of the second order and a finding that the patient continues to be a person requiring treatment, the court shall issue a continuing order for involuntary treatment that shall not exceed 1 year.

After that, with the determination that the patient still needs treatment, the court can order hospitalization or assisted outpatient treatment up to one year, with six-month period reviews.

Community Mental Health Services. They are involved in screening the patient at the time of discharge to an alternative treatment setting. They are also responsible for linking the patient to the various Community Mental Health satellite offices throughout the county, following up on the treatment, and advising the court if the patient is not meeting the requirements under the alternative treatment order.

"Deferred hearing" is kind of a misnomer as it is more of an agreement with the patient and the hospital, which must take place within 72 hours after the petition and physician certifications have been filed with the court. These meetings involve the patient's assigned legal counsel, a hospital treatment member, and the patient. The patient is informed of proposed treatment by the hospital which is normally 60 days inpatient treatment or 180 days alternative (outpatient) treatment, or 180 days combined inpatient/outpatient treatment with no more than 60 of those days being inpatient. If the patient agrees to the treatment, the hospital notifies the court and the court hearing is canceled. If during the agreement period the patient refuses treatment or requests a hearing, the hospital or patient can file a Demand for Hearing PC 236 and the court shall convene a hearing within seven (7) days.

At the time of the hearing the judge is required to allow an independent medical examination requested by the person or his/her attorney. The matter is then adjourned for seven (7) days and the court provides a list of independent examiners to the patient.

There are no filing fees. The State of Michigan and the county are responsible for all costs, with reimbursement for the attorney fee from the individual, if feasible.

Yes. The court will appoint an attorney for the individual unless he/she is privately represented. The individual may make a demand for jury at any time up to the time of the first hearing. If a demand is made, the hearing is adjourned until a jury may be convened.

Yes. The procedures are very similar. A minor (aged 14-17) can request hospitalization, the minor's parent(s) or guardian may make the request on a voluntary basis, or an Order of Transport may be issued by the court. Transport will be issued if it is determined that the minor is emotionally disturbed and presents a serious danger to him/herself or others. The minor (aged 14-17) may at any time object to this admission, having been advised by the social worker in the hospital. As a result of that objection, a hearing is set within seven (7) days and an attorney is appointed for the minor.

No. Any adult (18+ years) may file a petition with the court asserting an individual met the criteria for AOT.

You may file a petition at the Probate Court of the county where the alleged mentally ill individual resides or where the individual is found. You will be required to relate specific facts of the individual’s actions. A hearing date will be set within 28 days.

The individual and the individual’s attorney are personally served. All other interested persons are served by mail.

In short, the Judge makes a decision at the hearing and may issue an Order requiring the individual to obtain "assisted outpatient treatment."

An individual would meet the criteria for AOT if:

They have not participated in treatment recommended by their mental health professional that is necessary to prevent relapse or harmful deterioration of a condition.

Drug and/or alcohol addiction in addition to the above criteria may constitute sufficient reason for AOT under the Mental Health Code.

Community Mental Health Services. They are involved in screening the individual and are also responsible for linking them to the various Community Mental Health satellite offices throughout the county, following up on the treatment, and advising the court if the individual is not meeting the requirements under the AOT order.

There are no filing fees. The State of Michigan and the county are responsible for all costs, with reimbursement for the attorney fee from the individual, if feasible.

Yes. The court will appoint an attorney for the individual unless he/she is privately represented. The individual may make a demand for jury at any time up to the time of the first hearing. If a demand is made, the hearing is adjourned until a jury may be convened.