The Hannahville Indian Community (HIC) Mental Health Code (Title IV, Chapter 6) established a rigorous legal framework. This framework addresses mental health crises within the Tribe’s jurisdiction. This roadmap serves as a pedagogical guide through the involuntary treatment process. It operates in conjunction with the Michigan Mental Health Code. Together, they balance the restoration of individual health with the paramount necessity of community safety.

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1. Foundational Concepts: Understanding the Scope and Jurisdiction

The HIC Mental Health Code is an exercise of Tribal sovereignty. It is designed to provide Tribal Police, Health and Human Services, and the Court with the authority to facilitate treatment. This aims to protect the well-being of the Community.

The Framework of Authority: Who, Where, and Why

Category	Definition and Scope
The “Who” (Jurisdiction)	All Indians who are “Persons Requiring Treatment” (PRT). They are within the jurisdiction of the HIC Tribal Court by law. They are also permitted to be within the jurisdiction by statute.
The “Where” (Location)	Any matter involving PRTs, subject matters permitted by HIC law, or rights/encumbrances to HIC lands.
The “Why” (Objective)	To provide a legal mechanism for involuntary treatment. This applies when voluntary care is not possible. It follows the prescriptions by HIC law and the Michigan Mental Health Code.

Defining the “Person Requiring Treatment” (PRT)

A legal intervention only begins if an individual meets the definition of a PRT. Under Section 4.6.103(16), this status is determined by specific behavioral triggers:

• Threat of Physical Harm: Due to mental illness, there is a reasonable expectation that the individual may seriously injure themselves soon. It is expected that this could happen shortly. They may also harm others. This is expected within the near future, specifically within 24 hours. This injury can be intentional or unintentional. This is evidenced by recent acts or significant threats.
• Inability to Attend to Basic Needs: The individual cannot manage essential physical needs, such as food, clothing, and shelter. This is due to mental illness. This failure has been demonstrated, leading to a risk of serious harm in the near future.
• Impaired Judgment and Risk: The individual’s judgment is severely impaired. They cannot understand their need for treatment. Their continued behavior is expected to result in significant physical harm to themselves or others.
• History of Noncompliance: The individual is unlikely to participate voluntarily and their noncompliance with necessary treatment has been a factor in:
  • Placement in a psychiatric hospital, prison, or jail at least twice in the last 48 months; OR
  • They might have committed one or more acts of serious harm. They may have attempted or threatened serious harm or danger. This could be directed at themselves or others within the last 48 months.

Once an individual meets these criteria, the formal legal process initiates with the filing of a petition.

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2. Step 1: The Petition for Treatment, Examination, or Hospitalization

The petition is the formal document alerting the Court to a crisis. Under the Code, the “Individual eligible to file” is restricted to specific professional roles. This is to ensure the process remains grounded in professional observation.

Individuals Authorized to File

1. HIC Mental Health Professionals (e.g., licensed physicians, psychologists, or social workers).
2. HIC Peace Officers (Tribal Police or deputized officers).
3. Qualified Tribal Employees: This includes the HIC Health and Human Services Director. It also includes the Social Services Manager and the Behavioral Health Manager. Finally, any Michigan-licensed physician serving the HIC health facility is included.

Essential Components of a Valid Petition (Section 4.6.107)

• [ ] A sworn affidavit or statement made on the record in open court.
• [ ] A statement confirming the individual is within Tribal Court jurisdiction.
• [ ] Detailed facts and reasons asserting why the individual is a PRT.
• [ ] The results of a mental health examination (or a description of efforts made to obtain one).
• [ ] The names and addresses of witnesses to the asserted facts.
• [ ] The name and address of the nearest relative, guardian, or friend.
• [ ] Specific recommendations for treatment or hospitalization.

The “So What?” for Students: Why does Section 4.6.103(9) allow petitioners to use “reliable and trustworthy hearsay”? In mental health emergencies, the authorized petitioner may not have witnessed the immediate threat. This person could be a Social Services Manager. By allowing hearsay that is demonstrated to be reliable, the Code ensures that community safety is prioritized. It avoids compromise by a rigid evidentiary requirement. This prevents delays in intervention during a 24-hour “near future” crisis.

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3. Step 2: Emergency Response – Ex Parte Orders and Protective Custody

In a “Qualifying Emergency,” where irreparable harm is imminent, the Court must immediately issue “Ex Parte” orders. These are orders issued without a full hearing. They are based on Probable Cause.

Comparison of Emergency Orders

Requirement	Ex Parte Order for Examination	Ex Parte Order for Hospitalization
Probable Cause	PRT refuses to participate in an examination despite reasonable attempts to secure one.	PRT has been examined and a Clinical Certificate or sworn testimony supports hospitalization.
Emergency Status	Immediate and serious harm or danger to self or others.	Immediate need for protective custody and treatment to prevent harm.
Action Taken	Directs Tribal Police to take PRT into protective custody for mental health examinations.	Directs Tribal Police to take PRT into protective custody and transport to a hospital.

The Role of Tribal Police and Protective Custody

Protective custody is civil in nature and is not an arrest. It is a temporary measure to protect the health and safety of the individual and the public.

• Least Restrictive Environment: The individual must be housed in the least restrictive setting possible.
• Jail as Last Resort: A PRT may be housed in a jail only if no mental health facility is available. This may also happen if facilities are inadequate for safety. Transfer to a health facility must occur as soon as possible.
• Due Process Right: Under Section 4.6.115(3), a PRT in protective custody has the right to apply to the Court for immediate relief. They can question the necessity of the custody. They can also question the adequacy of the facility where they are being held.

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4. Step 3: The Judicial Inquiry – Hearing Timelines and Standards

The Court must hold a formal hearing to review evidence while strictly adhering to procedural deadlines.

• If the PRT is in Custody: The hearing must occur within 72 hours of placement.
• If the PRT is NOT in Custody: The hearing must occur within 7 business days of service.
• The Adjournment Exception: If the PRT is non-compliant, and examinations cannot be completed, the Court may adjourn. The adjournment can be for up to 7 days once proof of service is provided. However, the Court must hold a preliminary hearing to determine if continued protective custody is necessary during this adjournment.

The Burden of Proof

The Presenting Officer (Prosecuting Attorney) must demonstrate that the individual is a PRT by Clear and Convincing Evidence. This requires:

1. At least one Clinical Certificate (written conclusion from a physician, psychiatrist, or licensed psychologist).
2. Professional Testimony from at least one mental health professional.
3. The presentation of an Individual Plan of Services.

Statement of Rights for the PRT

• Presence: Right to attend all proceedings (in person, or via telephone/video).
• Confidentiality: All proceedings are closed to the public; medical records are private.
• Provider Choice: Choice of provider will be honored when possible, subject to insurance, cost, and distance.

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5. Step 4: Court Orders and Treatment Durations

If the Court finds the individual is a PRT, it may issue one of three initial orders under Section 4.6.110:

1. Hospitalization: Inpatient care for a period not to exceed 60 days.
2. Individual Plan of Services: Alternative treatment for a period not to exceed 180 days.
3. Combined Treatment: Hospitalization (up to 60 days) and outpatient services (up to 180 days).

Defining “Involuntary Mental Health Treatment” and “Services”

“Services” are comprehensive care coordination efforts designed for treating mental illness. Crucially, they aim to prevent a relapse, suicide, or serious violent behavior. Components may include:

• Medication management and compliance testing (blood/urinalysis).
• Individual or group therapy.
• Vocational, educational, or self-help training.
• Alcohol or substance use disorder treatment and testing.
• Assertive community treatment team services and supervision of living arrangements.

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6. Step 5: Maintenance, Discharge, and Termination

The legal process includes mandatory reviews to ensure the individual’s liberty is restricted for the shortest time necessary.

Review and Continuation Process

The Court must review the need for continuing jurisdiction. This review should occur at least 14 days prior to the expiration of the current order.

Status of Jurisdiction	Mandatory Review Frequency	Resulting Order Duration
Initial Order	14 days prior to expiration	Second Order: Up to 90 days
Second Order	14 days prior to expiration	Subsequent Orders: Up to 1 year
Individual Plan (< 2 years)	Every 180 days	Continued jurisdiction if necessary
Individual Plan (2+ years)	Every 365 days	Continued jurisdiction if necessary

The Judicial Checklist for Review

During the review phase, the Court evaluates six specific factors under Section 4.6.113:

1. Does the PRT still meet the legal definition of a PRT?
2. What is the PRT’s progress on their Individual Plan of Services?
3. Is the PRT compliant with prescribed medications?
4. Does the treatment facility have the capacity to meet current needs?
5. What are the treating provider’s professional recommendations?
6. Are there less restrictive alternatives available?

Discharge and Termination

Providers must notify the Court 24 hours prior to discharging or terminating treatment. This must occur if:

• The PRT is deemed “clinically suitable” for discharge.
• The individual no longer meets the PRT criteria.

Ultimate Safeguards: Writ of Habeas Corpus

Under Section 4.6.116, any person who believes they are being held unlawfully may petition for a Writ of Habeas Corpus. This serves as the final check on the system. It allows the Court to test the legality of a detention at any time.

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The HIC Mental Health Code represents a sophisticated balance of Tribal sovereignty and individual due process. The Community mirrors and interacts with Michigan state standards. It maintains distinct Tribal oversight. This approach ensures that the deprivation of liberty is never arbitrary. This roadmap illustrates that the ultimate goal of the judicial process is restoring an individual’s autonomy. This is achieved through rigorous evidence, professional medical oversight, and continuous judicial review.

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