Description: Ann Arbor, Michigan family law lawyer represented the Defendant in a involuntary mental health treatment proceeding.


Respondent has been hospitalized several times since September 2020 when respondent drove the wrong way down the road and experienced "psychotic symptoms at the scene." She was again hospitalized in December 2020 and January 2021 for overdose suicide attempts, and in May 2021 for psychosis. In August 2022, respondent was hospitalized when she was unintentionally losing weight and not sleeping. In September 2022, respondent was hospitalized when her symptoms impaired her ability to maintain her daily needs. Respondent was hospitalized again in October and November 2023 because of difficulties in maintaining her housing and because she continued to call the police claiming that "people were after her."

A petition for mental-health treatment was filed with the probate court by a clinical social worker in January 2024 stating that respondent was no longer willing to take certain medication for her schizophrenia diagnosis because it was "making her gain weight." This initial petition was not accompanied by a clinical certificate. Later that month, respondent was examined by Dr. Daniel Healy, a psychiatrist. Dr. Healy diagnosed respondent with bipolar disorder with psychosis and stated that respondent "experiences episodes of mania and depression, both associated with paranoia, disorganized thoughts, and suspected auditory hallucinations." Dr. Healy also stated that respondent's treatment team wanted assisted outpatient treatment "to prescribe Prolixin D injections." Soon after that examination, the clinical social worker filed an amended petition accompanied by Dr. Healy's clinical certificate.

The trial court held a hearing on the petition. Dr. Healy testified that respondent could be reasonably expected to injure herself or another individual, due to her mental illness. Dr. Healy testified about respondent's hospitalization and treatment history, explaining that in the September 2020 incident, respondent put herself and others at risk, and she could not explain why she was driving the wrong way down the road. Respondent had been hospitalized for suicide attempts, and, in the December 2020 overdose incident, respondent "thought she was being harassed by the devil."

Further, Dr. Healy testified that respondent was unable to attend to her own physical needs. Respondent had been hospitalized in August and September 2022 because of unintentional weight loss, lack of sleep, and "her symptoms [] impairing her ability to maintain her daily needs." Respondent also "has had some trouble maintaining housing" and was hospitalized in October and November 2023 because of these difficulties, which included respondent repeatedly "calling the police saying that people were after her." Dr. Healy testified that respondent understood that she needed treatment for anxiety and post-traumatic stress disorder (PTSD), but she disagreed with the psychotic-disorder diagnosis and anti-psychotic treatment. Voluntary treatment had been attempted several times, and Dr. Healy recommended that the trial court grant the petition, affirming that the treatment was "adequate and appropriate" to treat respondent's mental illness through the least restrictive means possible.

During her testimony, respondent testified, "I have never hallucinated or had audio or visual hallucinations." Respondent also testified, however, that she "would rather not talk about [her] struggles" with "demonic voices and forces" because she felt "that there are elements of society and spirituality that don't coincide together" and that "in the scientific community there is a disbelief and that is attributed to ascribing and prescribing mental illness on somebody." Respondent explained that she had filed 60 police reports because a group of men were harming her, and that it was "rude" to say that it had not happened. Respondent testified that the medications did not help her and only gave her side effects, "[l]ike skin peeling from [her] eyebrows and [her] scalp and have caused [her] to gain 183 pounds on [her] frame." Respondent testified, "I don't deserve to be on a medication that causes adverse side effects. And I don't deserve to be obese." Respondent claimed that she had anxiety, depression, PTSD, and attention deficit hyperactivity disorder, but not bipolar disorder or schizophrenia. Respondent requested that the probate court not "put [her] on an order because [she did] not need an order." Respondent asserted that she was not mentally ill.

The probate court noted, "I understand that [respondent] has some concern with the medication and weight gain and that is certainly uncomfortable." The probate court told respondent that she could discuss those side effects with her doctor, but the evidence showed by clear and convincing evidence that respondent was a person requiring treatment. The probate court granted the petition under MCL 330.1401(1)(a), (b), and (c), and it entered an order for "combined hospitalization and assisted outpatient treatment for no longer than 180 days."...

Stacey Batzer v. KAH (In re KAH), 369850 (Mich. App. Nov 19, 2024)

Outcome: Affirmed

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