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Current as of February 09, 2022 | Updated by FindLaw Staff
Sec. 278. (1) An individual who is taken to an approved service program or emergency medical service under section 276(1) 1continues to be in protective custody.Except as otherwise provided in section 281a, 281b, or 281c, 2 the individual shall not be detained once the individual is medically examined and found not to be incapacitated. An individual found by medical examination to be incapacitated shall be detained, except as otherwise provided in section 281a, 281b, or 281c, until the individual is no longer incapacitated or for not more than 72 hours after the individual is taken to the approved service program or emergency medical service. An individual may consent to remain in the program for as long as the health professional in charge believes appropriate.
(2) An individual who is taken to an approved service program or emergency medical service under section 276(5) shall be discharged to a peace officer after the individual is no longer incapacitated. An individual who remains incapacitated at the expiration of 72 hours after the individual has been taken to the approved service program or emergency medical service shall be discharged to a peace officer unless 1 of the following circumstances applies:
(a) The individual agrees to remain in the program longer than 72 hours and the health professional in charge of the program believes it appropriate that the individual remain in the program longer than 72 hours.
(b) An order for involuntary treatment of the individual has been issued under section 281b or 281c.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 330. Mental Health Code § 330.1278 - last updated February 09, 2022 | https://codes.findlaw.com/mi/chapter-330-mental-health-code/mi-comp-laws-330-1278/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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