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Taken In For An Evaluation

MCL 330.1427 — protective custody, and a screening rather than a cell

In Michigan, if a peace officer observes an individual acting in a way that causes the officer to reasonably believe the individual is a person requiring treatment, the officer may take the individual into protective custody and transport them to a preadmission screening unit designated by a community mental health services program, for an examination or for mental health intervention services.

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  • On arrival, the officer executes a petition for hospitalization of the individual.
  • As soon as practical, the screening unit offers to contact an immediate family member to say where the individual is, and honors and records the individual's decision whether to do so.
  • The unit may advise the officer, including a recommendation to release the individual from protective custody.
  • Where an officer has executed a petition, the unit ensures an examination by a physician or licensed psychologist.
  • If the individual does not meet the requirements for hospitalization, the unit ensures follow up counseling and diagnostic and referral services as needed.

The officer is not financially responsible for the cost of care of an individual for whom the officer executed a petition. A hospital that receives a referred individual notifies the screening unit of the examination's results.

Who is a person requiring treatment, how long a person may be held, and the hearing that may follow are in other sections of the Mental Health Code and are not reproduced here. Whether a protective custody met the statute is a question for a court and for a licensed Michigan attorney.

Sources for this section (1)
  1. MCL 330.1427 — Hospitalization upon petition

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.