Rule 5.743b Appeal by Judicially Admitted Individual Returned to Center After Authorized Leave

(A) Applicability. This rule applies to an individual with mental retardation who has been admitted to a center by judicial order, and who has been on authorized leave for a continuous period of less than 1 year.

(B) Notifications. When a judicially 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 and have a hearing to determine the appeal. The court must notify the individual's attorney or appoint a new attorney to consult with the individual and to determine whether the individual desires a hearing.

(C) Request for Hearing. An individual who wishes to appeal the return must request a hearing in writing within 7 days of the notice to the individual under subrule (B). 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, 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) Report. The court may order an examination of the individual and the preparation and filing with the court of a report that contains such information as the court deems necessary.

(F) Conduct of Hearing. The court shall proceed as provided in § 511(4) of the Mental Health Code, MCL 330.1511(4). 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.

(G) 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 do one of the following:

(1) order the individual returned to authorized leave status; or

(2) order the individual to undergo a program of care and treatment for up to one year as an alternative to remaining at the center.