[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 2-15-2018 by Res. No. 02-15-18-09. Amendments noted
where applicable.]
The title of this code shall be the "Nottawaseppi Huron Band
of the Potawatomi's (NHBP, Tribe, or Band) Mental Health Code."
It may be referred to as the "Mental Health Code" or simply "the code."
A.Â
Enrolled NHBP members, members of other federally recognized tribes,
or other individuals subject to the Tribal Court's jurisdiction,
shall receive involuntary mental health treatment only pursuant to
the specific involuntary provisions of this code in conjunction with
the Michigan Mental Health Code. The code is designed to provide NHBP
Tribal Police, Health and Human Services and Tribal Court. the authority
and jurisdiction to facilitate mental health examinations and treatment
options, while protecting the safety and well-being of the NHBP community.
B.Â
It is always preferable for someone to be hospitalized voluntarily,
when possible. Anticipating crisis situations and developing a plan
ahead of time may facilitate voluntary hospitalization.
C.Â
This Code allows for an individual who is believed to be in danger
of harming himself or herself or others to be taken into protective
custody to be transported to a hospital for further examination and
determination of further appropriate treatment.
If any provision of this code is found to be unconstitutional
or unlawful by a court of competent jurisdiction, such provision(s)
shall be struck, and the remainder of this code shall remain in full
force and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
Medical products and practices that are not part of what
medical doctors, doctors of osteopathy, and allied health professionals,
such as nurses and physical therapists, practice.
A person who is 18 years of age or older.
The written conclusion and statements of a physician or a
licensed psychologist that an individual is a person requiring treatment,
together with the information and opinions, in reasonable detail,
that underlie the conclusion, on the form prescribed by the NHBP Health
and Human Services Department.
The clinical judgment of a physician, psychiatrist, or licensed
psychologist.
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
Hospitalization of an individual based on both of the following:
The execution of an application for voluntary hospitalization by the individual or by a guardian or conservator of the patient as designated under Title VII, Chapter 7.2, Guardianship and Conservatorship Code, to make mental health treatment decisions for the individual; and
The determination that the individual is clinically suitable
for voluntary hospitalization by a mental health professional.
Both of the following:
With regard to a serious emotional disturbance, substantial
interference with or limitation of an individual's achievement
or maintenance of one or more developmentally appropriate social,
behavioral, cognitive, communicative, or adaptive skills.
With regard to serious mental illness, substantial interference
or limitation of role functioning in one or more major life skills,
such as, but not limited to, maintaining a household, managing money,
getting around the community, taking prescribed medication, and functioning
in social, vocational, and educational contexts.
Court-ordered placement of a person into an institution providing
medical and surgical treatment and nursing care for sick or injured
people.
A member of the Nottawaseppi Huron Band of the Potawatomi
or any member of another federally recognized Indian tribe, or a minor
eligible for membership in a federally recognized Indian tribe, band
or community.
A mental health professional, peace officer, or qualified
tribal employee who bases his/her assertions on reliable and trustworthy
information. A mental health professional, peace officer, or qualified
tribal employee may use hearsay in the petition/application if they
can demonstrate the reliability and trustworthiness of the assertions.
A written plan of service developed for a specific person
and amended as needed.
Hospitalization, alternative treatment, or combined hospitalization
and alternative treatment for an individual found to be a person requiring
treatment.
An individual who is trained and experienced in the area
of mental illness or developmental disabilities and who is a:
A substantial disorder of thought or mood that significantly
impairs judgment, behavior, capacity to recognize reality, or ability
to cope with the ordinary demands of life.
Very soon, within twenty-four (24) hours.
To be short of something or, as used in this code, means
an individual who is alleged to be, or whom the Court has found to
be, a person in need of treatment.
An officer of the Nottawaseppi Huron Band of the Potawatomi
Tribal Police Department or another law enforcement officer deputized
by NHBP.
Any one of the following:
An individual who has mental illness and who, as a result of
that mental illness can reasonably be expected within the near future
to intentionally or unintentionally seriously physically injure himself,
herself, or another individual, and who has engaged in an act or acts
or made significant threats that would cause a reasonably prudent
person to expect that the threats will be carried out.
An individual who has mental illness and who, as a result of
that mental illness, is unable to attend to those of his or her basic
physical needs such as food, clothing, or shelter that must be attended
to in order for the individual to avoid serious harm in the near future,
and who has demonstrated that inability by failing to attend to those
basic physical needs.
An individual who has mental illness, whose judgment is so impaired
that he or she is unable to understand his or her need for treatment
and whose continued behavior as the result of this mental illness
can reasonably be expected, on the basis of competent clinical opinion,
to result in significant physical harm to himself/herself, or others.
An individual who has mental illness, whose understanding of
the need for treatment is impaired to the point that he or she is
unlikely to participate in treatment voluntarily, who is currently
noncompliant with treatment that has been recommended by a mental
health professional and that has been determined to be necessary to
prevent a relapse or harmful deterioration of his or her condition
and whose noncompliance with treatment has been a factor in the individual's
placement in a psychiatric hospital, prison, or jail at least two
(2) times within the last forty-eight (48) months or whose noncompliance
with treatment has been a factor in the individual's committing
one (1) or more acts, attempts, or threats of serious harm or danger
to himself or to others within the last forty-eight (48) months.
A statement asserting that the person is a person requiring
treatment as defined in this code, the facts that are the basis for
the assertion, the names and addresses of any witnesses to the asserted
facts, the name and address of the nearest relative, guardian, or
friend of the person.
A statement asserting that a petition for hospitalization
has been executed by the petitioner, that the petitioner has been
unable to have the individual examined, describing the efforts a petitioner
has made to have an individual examined, and asking the Court to order
an examination of the individual.
A service component of a community mental health service
program established under MCLA § 330.1409, which has signed
a memorandum of understanding with NHBP.
The Prosecuting Attorney for the Nottawaseppi Huron Band
of the Potawatomi or other person assigned the duties of the Presenting
Officer for proceedings under this code through a resolution of the
Tribal Council. The Presenting Officer shall be the attorney for the
petitioner in all proceedings brought under this chapter.
The temporary custody of an individual by a peace officer
with or without the individual's consent for the purpose of protecting
that individual's health and safety, or the health and safety
of the public, and for the purpose of transporting the individual
if the individual appears, in the judgment of the peace officer, to
be a person requiring treatment or is a person requiring treatment.
Protective Custody is civil in nature and is not an arrest.
The transfer of an individual who is subject to an order
of combined hospitalization and alternative treatment from a current
treatment program to another in accordance with his or her individual
plan of services.
That there is substantial risk that physical harm will be
caused by the alleged person requiring care upon himself or herself,
or upon a third party, as evidenced by the alleged person requiring
care's recent actions, threats, and attempts to cause physical
harm.
That unless the Court grants the relief requested, some irreparable
harm will come to the person requiring treatment, other persons, or
the NHPB community; or that the notice necessary to seek relief through
other means will cause the harm that the petitioner seeks to prevent.
Case management to provide care coordination. Service may
include one or more of the following: medication; periodic blood tests
or urinalysis to determine compliance with prescribed medications;
individual or group therapy; day or partial day programming activities;
vocational, educational, or self-help training or activities; assertive
community treatment team services; alcohol or substance use disorder
treatment and counseling and periodic tests for the presence of alcohol
or illegal drugs for an individual with a history of alcohol abuse
or substance use disorder; supervision of living arrangements; and
any other services within an individual plan of services developed
under the code that are prescribed to treat the individual's
mental illness and to assist the individual in living and functioning
in the community or to attempt to prevent a relapse or deterioration
that may reasonably be predicted to result in suicide, the need for
hospitalization, or serious violent behavior.
The taking of alcohol or other drugs at dosages that place
an individual's social, economic, psychological, and physical
welfare in potential hazard or to the extent that an individual loses
the power of self-control as a result of the use of alcohol or drugs,
or while habitually under the influence of alcohol or drugs, endangers
public health, morals, safety, or welfare, or a combination thereof.
A chronic disorder in which repeated use of alcohol, drugs,
or both, results in significant and adverse consequences. Substance
use disorder includes substance abuse.
A.Â
Jurisdictional statement. The jurisdiction of the NHBP Tribal Court
shall extend, except as limited by federal statutory or NHBP tribal
law, to:
(1)Â
All persons natural and legal of any kind; and to
(2)Â
All subject matters which, now and in the future, are permitted to
be within the jurisdiction of any Tribal Court of a sovereign Indian
tribe or nation; and to
(3)Â
All matters having to do with rights in or encumbrances to lands
within or outside the Pine Creek Indian Reservation on lands held
in trust by the United States for the Tribe or its members, in restricted
fee by the Tribe, or lands held in fee by members of the Tribe located
within the Pine Creek Indian Reservation; and tribal territorial jurisdiction
shall extend, except as limited by federal law or NHBP tribal law,
to all lands in trust or in fee, within the Pine Creek Indian Reservation
and outside the Pine Creek Indian Reservation to lands reserved or
obtained by the Tribe and its people for their use by any treaty or
law or in any other manner, including but not limited to Court decision,
purchase, established right of use, or gift.
B.Â
Long-arm statute. It has been and continues to be the intent of the NHBP that the Tribal Court exercise long-arm jurisdiction to the extent consistent with the due process protections provided in 25 U.S.C. 1302 (8) and the limitations set forth in Subsection C of this section. Unless prohibited by federal statutory law or beyond the limitations of Subsection C of this section, a person, including any entity, who is a nonmember of the Tribe residing outside the Tribe's territorial jurisdiction and/or not present within such territory, submits to the jurisdiction of the Tribal Court by doing any of the following acts:
(1)Â
Transacting any business with the Tribe, its entities or instrumentalities,
including, but not limited to, constructing or supplying services,
tangible items or property transactions, or participation in any transaction
or contract occurring in whole or in part within the Reservation or
off-Reservation trust lands or restricted lands, and conveying any
interest in property located within such tribal territory;
(2)Â
Committing tortious acts within the Reservation or other tribal property;
(3)Â
Owning, using, possessing, or having an interest in any property,
whether real or personal, situated within tribal territory;
(4)Â
Contracting to insure any person, property, or risk located within
the Reservation or other tribal territory at the time of contracting;
(5)Â
Living in a marital relationship subject to the Tribe's jurisdiction,
notwithstanding subsequent departure from the tribal territory, so
long as one party to the marriage continues to reside within tribal
territory;
(6)Â
Is the parent, custodian, or other person with a legal interest in
an Indian child subject to the jurisdiction of the Tribe;
(7)Â
Residence within the Tribe's service area for purposes of compelled
process of the Tribal Court; or
(8)Â
Accepting or receipt of services or benefits from the Tribe, or entering
into a consensual relationship or commercial transaction with the
Tribe or tribal member, and this relationship substantially affects
the self-governance interests of the Tribe.
C.Â
Tribal immunity. The NHBP, its Tribal Council, its agencies, enterprises,
its chartered organizations, corporations, or entities of any kind,
and its officers, employees, agents, contractors, and attorneys, in
the performance of their duties shall be immune from suit; except
where the immunity of the Tribe or its officers and employees is expressly,
specifically, and unequivocally waived by, and in an NHBP or federal
statute, a duly executed contract approved by the Tribal Council,
or a duly enacted law or resolution of the Tribal Council.
A.Â
A nodsat has the right to an attorney at all proceedings. If a nodésat
cannot afford an attorney, the Tribe will appoint an attorney at its
own expense. If an attorney cannot be appointed prior to an initial
hearing under this chapter, the Court must adjourn the proceedings
until an attorney can be present for the hearing. The Court may order
that the nodésat remain in protective custody pending the adjournment.
B.Â
A nodésat has the right to be present at all proceedings either
in person or via telephone or video conference.
C.Â
A nodésat's choice of medical providers will be honored
when possible; however, the nodésat remains responsible for
the costs associated with the transportation to and from the provider
and for the care he or she received from the provider. A nodésat's
ability to choose his or her medical provider may be limited by reasonable
factors, such as the nodésat's insurance restrictions,
availability, cost, distance, or other factors that the Court determines
detrimental to successful treatment of the nodésat.
D.Â
A nodésat has the right to have his or her medical information
kept confidential, and all proceedings under this chapter shall be
closed to the general public. The Court has the discretion to allow
additional people to attend hearings under this chapter consistent
with the nodésat's best interests.
For all hearings under this chapter, the Court will direct notice
of the date, time, and location of the hearing to the following people:
A.Â
If a peace officer observes an individual 18 years of age or older
conducting himself or herself in a manner that causes the peace officer
to reasonably believe that the individual is a person requiring treatment
as defined herein, the peace officer may take the individual into
protective custody and transport the individual to the hospital or
PSU for an evaluation.
B.Â
Upon arrival at the hospital or the PSU, the peace officer shall
execute a petition for hospitalization and/or petition for examination
of the individual.
C.Â
As soon as practicable, the peace officer will file the petition
for hospitalization and/or petition for examination of the individual
with the Court.
D.Â
The hospital or the PSU will follow Michigan Compiled Laws on admission
by medical certification, MCLA §§ 330.1423 through
330.1431, or as amended, which are incorporated by reference herein.
E.Â
If a peace officer is taking an individual into protective custody,
the peace officer may use the kind and degree of force that would
be lawful if the peace officer were effecting an arrest for a misdemeanor
without a warrant. In taking the individual into custody, a peace
officer may take reasonable steps for self-protection. The protective
steps may include a pat down search of the individual in the individual's
immediate surroundings, but only to the extent necessary to discover
and seize a dangerous weapon that may be used against the officer,
other persons present, or the individual. These protective steps shall
be taken by the peace officer before the individual is transported
to a hospital.
F.Â
The taking of an individual to a hospital is not an arrest; it is
placing the person into protective custody. The peace officer shall
inform the individual that he or she is being held in protective custody
and is not under arrest. An entry shall be made indicating the date,
time, and place of the protective custody, but the entry shall not
be treated for any purpose as an arrest or criminal record.
G.Â
A peace officer who acts in compliance with this act is acting in
the course of official duty and is not civilly liable for the action
taken. This does not apply to a peace officer who, while acting in
compliance with this act, engages in behavior involving gross negligence
or willful and wanton misconduct.
H.Â
A peace officer is not financially responsible for the cost of care
of an individual for whom the peace officer has executed an application
of hospitalization or a court order for protective custody under this
code.
I.Â
A peace officer transporting an individual to a hospital either voluntarily
or involuntarily shall notify NHBP Behavioral Health or the Michigan
Department of Health and Human Services as soon as possible.
J.Â
A peace officer presented with a court order to take a nodésat
into protective custody shall serve a copy of the court order and
a copy of the petition for examination and/or protective custody,
along with all attached documents and exhibits, upon the nodésat.
The peace officer will immediately take the nodésat into protective
custody and transport the nodésat to a hospital for examination.
A.Â
A petition for mental health treatment under this chapter must be
made by an individual eligible to file a petition,
B.Â
A petition for mental health treatment shall be made by sworn affidavit
or on the record in open court.
C.Â
A petition for mental health treatment shall contain the following
information:
(1)Â
Statement(s) that the nodésat is a person within the jurisdiction
of the NHBP Tribal Court;
(2)Â
Statement(s) of the reasons for alleging that the nodésat
is a person requiring treatment;
(3)Â
Statement(s) explaining the results of a mental health examination
or, if no examinations have been performed, explaining the steps that
have been taken to get an examination for the nodésat prior
to seeking a court order;
(4)Â
The name(s) of any interested persons;
(5)Â
Recommendation concerning the need for examination and/or mental
health treatment, to include hospitalization.
A.Â
The Court must immediately issue an order directing that a nodésat
be placed into protective custody and be ordered to participate in
mental health examinations by a psychiatrist and either a physician
or a licensed psychologist if the petition establishes probable cause
to believe that:
(1)Â
The nodésat is a person within the jurisdiction of the NHBP
Tribal Court;
(2)Â
The nodésat is a person requiring treatment within the meaning
of this code;
(3)Â
That reasonable attempts were made to secure an examination of the
nodésat;
(4)Â
That the nodésat refuses to participate in a mental health
examination;
(5)Â
An emergency exists in which the nodésat poses an immediate
and serious harm or danger to himself or to others; and
(6)Â
The nodésat is in need of an examination to determine the
need for further mental health treatment at a hospital.
B.Â
The Court
must immediately issue an order directing that a nodésat be
hospitalized and examined by a psychiatrist if the petition establishes
probable cause to believe that:
(1)Â
The nodésat is a person within the jurisdiction of the NHBP
Tribal Court;
(2)Â
The nodésat is a person requiring treatment within the meaning
of this code;
(3)Â
The nodésat has been examined by a physician or a licensed
psychologist and the conclusion of the clinical certificate supports
protective custody;
(4)Â
An emergency exists in which the nodésat poses serious harm
or danger to himself or to others; and
(5)Â
The nodésat is in immediate need of protective custody and/or
an examination for further mental health treatment at a hospital.
C.Â
An ex parte order issued under this section shall direct the Tribal
Police to take the nodésat into protective custody and transport
him or her to a hospital for further mental health examination and/or
appropriate treatment. If the nodésat cannot be immediately
examined, the Court may place the nodésat into protective custody,
in the least restrictive setting possible, pending an evaluation.
D.Â
If the Court receives a report from either the psychiatrist, or the
physician or a licensed psychologist, that a clinical certificate
is not warranted, the Court may, in its sole discretion, dismiss the
petition without a hearing or issue a sua sponte order that the nodésat
participate in a third examination conducted by a psychiatrist or,
if a psychiatrist is not available, by a physician or licensed psychologist.
(1)Â
If the third examination states that a clinical certificate is not
warranted, the Court must dismiss the petition without a hearing and
order that the nodésat be released.
A.Â
If a nodésat is being held in protective custody or hospitalized,
the Court must conduct a hearing on a petition for mental health treatment
no later than one (1) business day following the nodésat's
placement into protective custody.
(1)Â
If reasonable efforts were made to examine the nodésat but,
due to noncompliance by the nodésat or other unforeseeable
circumstances, the examinations could not be completed before the
hearing, the Court may adjourn the hearing on the petition for mental
health treatment for up to seven (7) days following proof of service
upon the nodésat; however, the Court must hold a preliminary
hearing to determine whether or not it is necessary for the nodésat
to remain in protective custody during the adjournment.
B.Â
If the nodésat is not in protective custody, the Court must
hold a hearing on the petition for mental health treatment within
seven (7) business days following proof of service upon the nodésat.
C.Â
During the hearing on a petition for mental health treatment, the
presenting officer must:
Upon finding that a person is a person in need of treatment,
the Court may initially:
A.Â
Order a nodésat to be hospitalized, for a period not to exceed
sixty (60) days;
B.Â
Order a nodésat to comply with an individual plan of services,
for a period not to exceed one hundred eighty (180) days; or
C.Â
Order a nodésat to comply with a combination of hospitalization,
not to exceed sixty (60) days, and compliance with an individual plan
of services, not to exceed one hundred eighty (180) days.
A.Â
A hospital director may discharge a nodésat if the hospital
director considers the nodésat suitable for discharge.
B.Â
A hospital director must discharge a nodésat when the nodésat
no longer meets the criteria of a person requiring treatment.
C.Â
A hospital director must provide the Court with notice that the nodésat
is being discharged twenty-four (24) hours before the discharge.
A.Â
A person providing treatment may terminate that treatment if the
nodésat is clinically suitable for termination of treatment.
B.Â
A person providing treatment may terminate that treatment if the
nodésat no longer meets the criteria of a person requiring
treatment.
C.Â
A person providing treatment must provide the Court with notice that
the nodésat is being terminated from treatment twenty-four
(24) hours prior to the termination from treatment.
A.Â
If a nodésat has not been discharged from hospitalization
or has not been terminated from treatment, the Court must review the
need for continuing court jurisdiction at least fourteen (14) days
prior to the expiration of its last order. The court will evaluate
the following factors to determine if continued jurisdiction is necessary:
(1)Â
Does the nodésat still meet the definition of a person requiring
treatment;
(2)Â
The nodésat's progress on his or her individual plan
of services;
(3)Â
The nodésat's compliance with taking prescribed medication,
if any;
(4)Â
The treatment facility's capacity to meet the nodésat's
current needs;
(5)Â
The treating provider's recommendations;
(6)Â
Availability of less restrictive alternatives.
B.Â
A second order for involuntary hospitalization shall not exceed 90
days.
C.Â
Any orders for hospitalization consecutive to the second order for
involuntary hospitalization shall not exceed one (1) year.
D.Â
If a nodésat has been ordered to comply with an individual
plan of services continuously and without interruption for less than
two (2) years, the Court must review the case at least once every
one hundred eighty (180) days to determine whether or not it is necessary
for the Court to continue jurisdiction.
E.Â
If a nodésat has been ordered to comply with an individual
plan of services continuously and without interruption for two (2)
years or more, the Court must review the case at least once every
three hundred sixty-five (365) days to determine whether or not it
is necessary for the Court to continue jurisdiction.
A.Â
A nodésat is subject to being returned to a hospital if both
of the following circumstances exist:
B.Â
The hospital director or facility director with a copy of the Court
Order may notify peace officers that a nodésat is subject to
being returned to the hospital. Upon being presented with a copy of
the Court Order by the hospital director, a peace officer shall take
the nodésat into protective custody and return the individual
to the hospital unless directions have been given by the hospital
director to transport the nodésat to an alternate facility.
C.Â
An opportunity for appeal, and notice of that opportunity, shall
be provided to a nodésat who objects to being returned from
any authorized leave in excess of ten (10) days.
A.Â
A nodésat shall be housed in the least restrictive environment
to protect life and physical safety of the nodésat or members
of the public; in this respect, prevention of significant injury to
property may be considered.
B.Â
A nodésat or proposed nodésat may be housed in a jail
only if no mental health facility is available or if the available
mental health facilities are inadequate to protect the nodésat
and the public. As soon as a mental health facility becomes available
or the situation has changed sufficiently that an available mental
health facility is adequate for the protection of the nodésat
and the public, then the nodésat shall be transferred from
the jail to the mental health facility by an NHBP peace officer as
soon as possible.
C.Â
A nodésat placed in protective custody prior to involuntary
mental health treatment may apply to the Court for immediate relief
with respect to the need for protective custody or the adequacy of
the facility being utilized for his or her protective custody.
Any person who believes he or she is being unlawfully held under
this code may petition the Court to test the legality of his or her
detention. This section is not meant to place any limitation on a
nodésat's ability to seek other means of available relief.
