|
 Governor
Granholm Signs Kevin’s Law, Creates New Treatment Options for
Mentally Ill
Press Release, Office of the Governor, December 29, 2004
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LANSING –
Governor Jennifer M. Granholm today signed legislation that will
improve care for Michigan citizens with severe mental illness.
The new law will allow courts to order treatment for individuals
with serious mental illness who do not meet the current criteria
for involuntary hospitalization but who need outpatient mental
health treatment to protect themselves and others.
Kevin’s law – outlined in a four-bill package – will create new
treatment options for individuals with severe mental illness who
are not receiving or are not complying with recommended mental
health treatment.
“Kevin’s Law will help citizens whose illness has temporarily
impaired their understanding of the need for treatment,” said
Granholm. “It will allow families and friends of the individual
to petition the court to order appropriate outpatient mental
health care, reducing the risk of adverse events for both the
individual and the community.”
Kevin’s Law amends the Michigan Mental Health Code by
establishing criteria for Assisted Outpatient Treatment (AOT)
under court order. AOT is a comprehensive array of mental health
services and supports tailored to the needs of the individual
and provided through the individual’s local Community Mental
Health Services Program (CMHSP).
An individual who is ordered to receive AOT must meet the
definition of a “person requiring treatment” under a new section
of the Mental Health Code. This new section expands the
definition of a “person requiring treatment” to include those
who are mentally ill but are noncompliant with recommended
mental health treatment, and such noncompliance has previously
resulted in hospitalization, incarceration, or violent threats
or actions.
“Kevin’s Law is about protection for the individual and the
community,” Granholm said. “Too often an individual whose
judgment has been impaired by mental illness does not receive or
comply with treatment recommendations, and this has serious
consequences for the individual and/or the community. This
legislation is an attempt to prevent such avoidable tragedies,
so that the person can remain safely in the community, and the
community can be assured that the person is receiving necessary
treatment and services.”
This package of legislation has four bills, as detailed below:
SB 683 (PA 496) expands the definition of “person requiring
treatment,” for the purpose of court ordered involuntary
treatment, to include an individual who has a mental illness and
who is noncompliant with treatment recommended by a mental
health professional. Also, noncompliance must have been a factor
in the individual’s placement in a psychiatric hospital, prison,
or jail at least twice within the last 48 months or the
individual has at least once in the last 48 months attempted,
acted on, or threatened serious violent behavior.
SB 684 (PA 497) adds a section to the Michigan Mental Health
Code which describes the process for filing a petition that an
individual is a “person requiring treatment” and in need of AOT.
This bill specifies that the new section does not negate or
interfere with an individual’s right to appeal under any other
state law or Michigan court rule.
SB 685 (PA 498) provides specific limits to the duration of an
AOT order. This bill also specifies that if an agency or mental
health professional determines that an individual is not
complying with the AOT court order, then the court could require
the individual to be hospitalized for the duration of the order.
SB 686 (PA 499) defines AOT and lists possible categories of
services that could be prescribed. AOT includes intensive case
management services or assertive community team treatment
services to provide care coordination. Further, this bill
requires the Michigan Department of Community Health to submit
to the Legislature an annual report concerning AOT services in
Michigan.
Early next week, Granholm is expected to act on a companion
package of bills, Senate Bills 1464-1472, that would allow an
individual to designate a patient advocate to exercise powers
regarding his or her mental health decisions.
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