Mich. Admin. Code R. 330.5086 - Objection to return to facility by administratively admitted resident
Rule 5086.
(1)
An adult resident who is administratively admitted shall not be returned to a
facility if he or she objects.
(2)
If an adult, administratively admitted resident, who in the judgment of a
facility director meets the criteria for judicial admission, leaves the
facility without permission, the parent, guardian, or nearest relative shall be
immediately notified. If the resident is not readily traceable and his or her
whereabouts are unknown, the facility shall notify appropriate police
authorities. If the resident is located and is unwilling to return to the
facility, the facility director shall make application to an appropriate court
for a determination as to whether the resident meets the criteria for a
judicial admission. If judicial admission seems necessary and desirable, the
facility shall continue admission status pending court hearing, after making
application.
(3) A resident on
authorized leave who was admitted to a facility on an application for
administrative admission executed by someone other than himself or herself may
be returned over his or her objection, unless the parent, guardian, or person
in loco parentis objects.
(4) A
resident who has been admitted upon the signed application of a parent,
guardian, or person in loco parentis and who leaves the facility without
permission shall be placed on unauthorized leave status until the facility
director has secured from the parent, guardian, or person in loco parentis a
written notice indicating a desire to withdraw the resident from the facility.
After securing notice, the resident shall be discharged. A minor resident shall
be permitted to re-enter the facility upon the original application until
discharged. The notification shall be given to the community mental health
program which serves the county of the individual's residence. If the resident
is not discharged, the facility shall take action pursuant to
R 330.5043.
(5) A resident who objects to returning to
the facility shall be subject to the administrative review procedures
established by the department of mental health.
Notes
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