August 18, 2015, Introduced by Rep. Lucido and referred to the Committee on Judiciary.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 434 (MCL 330.1434), as amended by 1995 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 434. (1) Any individual 18 years of age or over may file
with the court a petition that asserts that an individual is a
person requiring treatment as defined in section 401.
(2) The petition shall contain the facts that are the basis
for the assertion, the names and addresses, if known, of any
witnesses to the facts, and, if known, the name and address of the
nearest relative or guardian, or, if none, a friend, if known, of
the individual.
(3) The petition shall be accompanied by the clinical
certificate of a physician or a licensed psychologist, unless after
reasonable effort the petitioner could not secure an examination.
If a clinical certificate does not accompany the petition, an
affidavit setting forth the reasons an examination could not be
secured shall also be filed. The petition may also be accompanied
by a second clinical certificate. If 2 clinical certificates
accompany the petition, at least 1 clinical certificate shall have
been executed by a psychiatrist.
(4) Except as otherwise provided in section 455, a clinical
certificate that accompanies a petition shall have been executed
within 72 hours before the filing of the petition, and after
personal examination of the individual.
(5) A petition and any clinical certificate filed under this
section shall be maintained by the court as a confidential record
and in a manner to prevent disclosure of the filing and content of
the petition or clinical certificate to the public or any person
not specifically authorized under this chapter to receive notice of
the petition or clinical certificate.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.