Involuntary Holds in Michigan: What You Need To Know

An involuntary hold is the process of admitting an individual to a psychiatric hospital against their will because they are in need of urgent treatment. This is often constituted by the patient posing a threat of danger to themselves or others.

Criteria for Involuntary Holds in Michigan

Involuntary holds in Michigan are often known as psychiatric holds, mental health commitments or hospitalization without consent. They are only used when there are serious concerns about safety and a person refuses to go to the hospital voluntarily. Under Michigan law, a person can only be placed under involuntary hold if:

• They have a mental illness AND

• Because of that illness, they are:

• A danger to themselves (e.g., suicidal)

• A danger to others

• Unable to take care of basic needs (e.g., food, shelter, medical care)

• At risk of serious physical harm without treatment

Involuntary Hold Process in Michigan

The following steps can help you navigate the involuntary commitment process in Michigan:

1. When a person is placed under involuntary hold, they are taken to a hospital or crisis center right away. This is called Emergency Admission, during which:

• The person is evaluated by a psychiatrist or another mental health provider.

• This must happen within 24 hours (not counting holidays).

• If the person does not meet the legal criteria for inpatient treatment, they must be released.

• If the doctor believes the person does need treatment, they are kept in the hospital while the court process begins.

2. Next, the hospital begins a legal process to keep the person in the hospital for longer. The steps for the court process include the following, in order:

• Petition for Hospitalization

• A petition is filed with the probate court, usually by the hospital or someone involved in the emergency.

• The petition includes:

• A statement from someone who saw the person’s behavior (within the last 10 days)

• A clinical certificate from a doctor or psychologist who has evaluated the person

• Second Clinical Certificate

• Once admitted, a second doctor must also evaluate the person. This must happen within 72 hours.

• Both doctors must agree that the person needs to stay in the hospital for the court to approve ongoing treatment.

• Probate Court Hearing

• If both clinical certificates support the need for treatment, a hearing is scheduled within 7 days.

• During the trial, the individual being placed on involuntary hold has the right to:

• Have an attorney

• Speak for themselves

• Call witnesses

• Present evidence

• Ask for a jury trial (must be requested before the first witness testifies)

The Patient’s Rights in the Hospital in Michigan

Although the patient is being held against their will, they still have important rights while being treated at the hospital. These include:

• The right to receive humane treatment.

• The right to refuse medications (except in emergencies or with a court order).

• The right to communicate with friends, family, or an attorney.

• The right to file a complaint if their rights are violated.

What You Can Do for your Loved One

If you have a loved one who is being held under a mental health commitment, you can do the following to support them:

• Stay calm and supportive.

• Let your loved one know you care and are there to help.

• Avoid arguments, especially about their diagnosis or behavior.

• Ask to speak with hospital staff.

• You can talk to the social worker or case manager to get updates (if your loved one signs a release form).

• Ask about the treatment plan, court hearing, and discharge options.

• Encourage open communication.

• Help your loved one understand their rights and choices.

• Support them in making informed decisions about deferral or going to court.

• Prepare for discharge.

• Ask about follow-up care: Will they have therapy? Medication? Housing help?

• Make sure they have a safe place to go after leaving the hospital.