The Arc of Western Wayne County: Serving people with disabilities

The Take Charge Helpline

Admission by Petition

A petition for hospitalization requires the same form and information as for admission by clinical certification.  The main difference between the two procedures is that the petition is filed directly with the Probate Court.  A clinical certificate should accompany the petition, but if it is not possible to obtain one, the Probate Court can order, by police transport if necessary, the person to be examined by a psychiatrist and either another physician or a clinical psychologist.  If the person is found to be a person requiring treatment, there will be a deferral meeting.  Then, a court hearing will be held within 7 days after the Probate Court receives the necessary forms, if the person does not agree to defer the hearing and accept the treatment plan as outlined in the individual's plan of service.

Admission by petition is, of course limited to the availability of a judge, which in most communities means weekdays between 8:00 am and 5:00 pm.

The interpretation of someone’s potential to be dangerous to them self, or others, or their inability to care for their own basic needs such as food, clothing or shelter depends upon careful and precise presentation of the specific behaviors currently being demonstrated. It is therefore very important to describe to the Court, the most current behaviors that have been witnessed, and that support the criteria for hospitalization.  Families may need to be assertive.  Respect the fact that, as family you know your relative better than anyone and are your relative's strongest advocate.  Do not hesitate to continue to pursue what you believe to be in his or her best interest.  It may help to have someone along who has experience with commitment procedures such as an advocate from the National Alliance for the Mentally Ill Michigan.  A police officer who has responded to a crisis can be helpful by assisting in getting the individual to the hospital and being a witness at the court hearing.

When testifying at the hearing, it is important to be specific and give concrete examples of ways the behavior is dangerous to the person or others at the present time.  Initiating procedures for involuntary treatment can be extremely difficult for families, who love their relative and respect their right to self-determination.  A family member's role in making application is, in effect, simply describing the behavior that they believe indicates the need for and right to treatment.  The Mental Health Code exists to protect an individual's rights.  The Probate Court, taking into consideration the information provided by mental health professionals, ultimately makes the decision as to whether the person requires treatment.

For more information, please contact The National Alliance for the Mentally Ill Michigan at 800-331-4264, or visit them online at namimi.org.  You can also contact The Detroit Wayne County Community Mental Health Agency at 313-833-2500, or visit them online at www.dwccmha.com.

Phone code: 2201