The Probate Court has jurisdiction over Mental Health proceedings.
When a person is allegedly Mentally Ill and all options to obtain voluntary treatment or examination have been exhausted you may find it necessary to get the court involved. To request treatment for an allegedly Mentally Ill Individual a PCM201 Petition for Mental Health Treatment and PCM209a Order for Examination/Transportation need to be completed and presented to the court. The forms are also available from the courthouse.
Once presented to the court, the Judge will review the petition and determine if the individual is an individual requiring treatment. If the Judge determines the individual does require treatment, the Order for Examination/Transportation is signed.
The court will certify copies of the Petition and Order. These are then given to the petition to present to local law enforcement to carry out the Order. The Order expires 10 days after it is signed.
When the individual is picked up by a peace officer, they are transported to Community Mental Health or the Local ER for examination.
An evaluation will be made within 24 hours. If the examining physician or psychologist does not find that the individual is a person requiring treatment, the individual shall be released immediately.
If the individual does require treatment, 2 Clinical Certificates will be completed by the hospital pending a hearing which will be set within 7 days. The individual will remain hospitalized during this time.
The Court will appoint an attorney to represent the individual unless the patient has an attorney.