Rule 5.743a Appeal by Administratively Admitted Individual Returned to Center After Authorized Leave

(A) Applicability. This rule applies to an individual with a developmental disability who was admitted to a center by an administrative admission and who has been returned to a center following an authorized leave.

(B) Notifications. When an administratively admitted individual has been returned to a center from an authorized leave in excess of 10 days, the director of the center must, within 24 hours, notify the court of the return and notify the individual of the right to appeal the return. The court must notify the individual's guardian, if any, and the parents of an individual who is a minor of the return and the right to appeal the return and have a hearing to determine the appeal.

(C) Request for Hearing. An individual who wishes to appeal that individual's return must request a hearing in writing within 7 days of the notice to the individual under subrule (B). If the individual is less than 13 years of age, the request may be made by the individual's parent or guardian. The court must schedule a requested hearing to be held within 7 days of the court's receipt of the request.

(D) Statement Filed With Court. At least 3 days before the hearing, the director of the center must deliver to the court, the individual, the individual's parents or guardian, if applicable, and the individual's attorney a statement setting forth:

(1) the reason for the individual's return to the center;

(2) the reason the individual is believed to need care and treatment at the center; and

(3) the plan for further care and treatment.

(E) Conduct of Hearing. The hearing shall proceed as provided in § 511(4) of the Mental Health Code, MCL 330.1511. At the hearing, the director of the center must show that the individual needs care and treatment at the center and that no alternative to the care and treatment provided at the center is available and adequate to meet the individual's needs.

(F) Order After Hearing. If the court finds the individual requires care and treatment at the center, it must dismiss the appeal and order the individual to remain at the center. If the court finds the director did not sustain the burden of proof, it must order the individual returned to authorized leave status.