Though the details of this document apply only in michigan, the legal provisions likely have counterparts in other states. The new measure revises michigans mental health code and simplifies the process of seeking courtordered outpatient treatment for an. In fact, of the more than 20,000 mental health petitions filed across the entire state last year, less than only 69 used kevins law. Michigan joined the ever expanding list of states embracing mental health reform to make psychiatric treatment more accessible. M e n ta l ill ness an d t he c ourt s michigan bar journal june 2012 28 the question of whether sick people are to be treated. Selected presentations and articles on health law topics the business of medicine. What constitutes a severe and persistent mental illness. The bill enacted wednesday updates kevins law, a series of underutilized laws passed in 2004 that authorized courts and community mental health agencies to use assistant outpatient.
In 1995, the michigan legislature completed a massive revision to the mental health codethe first such major revision in 20 years. Mental health services the following information is based on the michigan department of corrections policy directive 04. A 2014 survey of michigan probate courts by the mental health association in michigan, a nonprofit advocacy group, found that with the exception of a few probate courts in michigan, most judges used kevins law less than three times a year. For renaming of the department of mental health to the department of community health, see e. Surrogate decisionmaking for health care in michigan. For much of 1996, the state, local mental health agencies, and the public were still adjusting to the effects of significant changes to the mental health laws and to the state agencies that execute them. Revision to kevins law means quicker treatment for the. Recipient rights under the mental health codehipaa. Kevins law amends the michigan mental health code by establishing criteria for assisted outpatient treatment aot under court order. For creation of department of health and human services and abolishment of department of community health, see e. Reinstein of the mental health association in michigan said it will be critical in the months ahead to educate judges, mental health workers and parents alike about changes in the law. Michigans pvot statute, titled kevins law, 188 also became effective in. The updated path of kevins law michigan jewish institute. History of kevins law background wayne county probate court.
If you would like to subscribe for text alerts please select text updates in the dropdown menu. Every effort should be made to maximize the capacity of the client. Under the mental health code, all licensed health professionals must comply, unless in the written judgment of the holder the disclosure would be detrimental to the recipient or others. Civil commitment and the mental health care continuum samhsa. The mental health association in michigan reports that 1. Executive director, michigan psychological association. Revision to kevins law means quicker treatment for the mentally ill. Aot is a comprehensive array of mental health services and supports tailored to the needs of the individual and provided through the individuals local community mental health services program cmhsp. According to a michigan inpatient psychiatric admissions study, from march 2016 to march 2017, community mental health service programs cmhsps in the midstate health network region reported. Ami of oakland county offers an array of education and training. Jennifer granholm significantly reformed michigan s mental illness treatment law by signing a package of bills known as kevins law sb 68386. Effective march 28, 2019, significant changes to the michigan mental health code will. An overview of dementia and competency state bar of.
Pas, ipas petition for mental health treatment assisted outpatient treatment only petitions item 9b on pcm 201, count on. Mental health care in michigan council of state governments michigan policy summit on emerging trends in mental health. Fully fund michigans kevins law and begin mental health. Kevins law provides for courtordered outpatient treatment for persons who are seriously. As staff you are responsible to protect these rights. Those intended for use by mental health professionals, such as the mini mental. Kevin s father called the small number of petitions. For the first time in a decade, because of reporting by the 7 investigators, mental health treatment was ordered under kevins law, a law that had been unknown and virtually unused since 2004. A guardian may not sign a person into a psychiatric hospital.
Mental health task force, which he cochaired last term. Mental health code act 258 of 1974 an act to codify, revise, consolidate, and classify the laws relating to mental health. Immediate involuntary mental health treatment needed. The mental health association in michigan mham is offering free family member training on kevins law assisted outpatient treatment, or aot and other forms of courtordered mental health care. The michigan department of health and human services mdhhs the michigan mental health code is the body of state law that deals with all aspects of mental health care in michigan. Antoine detroit, mi 48201 37453540 sinaigrace hospital 14230 w.
Cps may release a summary of a parents mental health treatment and history or a childs mental health andor medical treatment and history to a federal, tribal, state, or local law enforcement agency investigating alleged child abuseneglect, a prosecuting or private attorney consulting with mdhhs, an indian childs tribe, and a court. Browsers that can not handle javascript will not be able to access some features of this site. Macomb county community mental health receives grant to. Because the mental health code provides more access, it is a more stringent standard and therefore, covered entities.
The mental health association in michigan mham is o. Revisions to kevins law effective february 14, 2017, 320 public act 2016 amends the mental health code to clarify procedure and expand criteria for ordering individuals to receive assisted outpatient treatment kevins law as one of several options of involuntary mental health treatment. Advising physician practices on increasing revenue and decreasing risk, portion of program, 24th annual michigan health law institute, presenter, sponsored by the institute of continuing legal education and the state bar of michigan health care law section, plymouth, michigan. Kevin s law as referred to in representative anna eshoos introduction of the law in 2005 and in the 2008 documentary food, inc formally known as the meat and poultry pathogen reduction and enforcement act of 2003 was proposed legislation that would have given the united states department of agriculture the power to close down plants that produce contaminated meat. Richard tannous needs your help with michigan state house. Resources for suicide, mental health, healing, survivors of suicide loss groups, and therapists located in michigan, nationally and globally.
State laws requiring authorization to disclose mental. Acts of commission or omission by an employee, volunteer or agent of mdhhs which result from noncompliance with a standard of care or treatment required by law, rules, policies. This document summarizes the rights of minors to consent to various types of health care without the consent or knowledge of their parents. Michigan updates involuntary mental health treatment law. Mental health resources in michigan resources to recover. Michigan lieutenant governor brian calley november 16 signed legislation updating and expanding the availability of michigan s assisted outpatient treatment aot law, known as kevins law. Experts debate merits of kevins law, which allows courts. New year brings new hope for mentally ill governor granholm signs legislation improving michigan s mental health treatment law. Michigan s laws allow for the use of courtordered treatment in the community, known as assisted outpatient treatment aot. As commitment laws and policies have evolved, public behavioral health care.
Judges additional judicial resources such as sample scripts, videos, podcasts, and other templates. Highlights of the legislative amendments are below. Revisions to kevins law michigan courts state of michigan. The exclusive method of involuntary hospitalization is through the mental health code. The text may also be of interest to adult foster care homes, homes for the aged, community mental health staff, adult services workers, hospital social workers, probate courts, advocates, and lawyers unfamiliar with this area of law. In addition to vaupels house bill 5810, now public act 593 of 2018, several other mental health bills have been signed into law at the end of december as a result of the house c. Fully fund michigan s kevin s law and begin mental health reform. Mental health code, section 403, provides that persons shall be hospitalized only pursuant to this act. Position2015involuntaryoutpatientcommitmentpercent202. It also covers whether the law permits information concerning the minors health care to be shared with the parent. Kevins law came about after the 2000 fatal beating of kevin heisinger in the bathroom of a kalamazoo bus station. The killer was schizophrenic and did not follow his mental health treatment. Some of those vetoes were to protect michigan mental health services.
Welcome to the michigan judicial institute mji, the education office of the michigan supreme court, state court administrative office. All the authority, powers, duties, functions and responsibilities of the occupational health standards commission in the bureau of environmental and occupational health, set forth in sections 9, 14, 23, and 24 of act no. When a person receives mental health services, michigan s mental health code and other state and federal laws safeguard their rights. Kevins law helps provide protection and care for individuals whose mental illness has temporarily impaired their judgment. Kevins lawkevins law det r oitw a yne county com m unity mental health a g en c y psychiatric intervention center 33101 annapolis venoy wayne, mi 48184 7347210200 detroit receiving hospital 4201 st. Program launched today makes michigan s mental health treatment law more humane press release dateline. Capacity is task specific and varies depend ing on time of day, medications, health, and surroundings. Michigan laws related to right of a minor to obtain health. To sign up for email updates from macomb county or to access your subscriber preferences, please enter your email address. Like every state, michigan has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily.
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