What is a Petition for Assisted Outpatient Treatment (AOT)?
A mentally ill individual who does not comply with his/her treatment plan can deteriorate, lose the ability to make rational decisions, and become dangerous in the future. After a petition is filed, a hearing is set where a Judge would be able to order an individual into Assisted Outpatient Treatment - if he/she demonstrates noncompliance.
Do you have to be a relative to file a Petition for AOT?
No. Any adult (18+ years) may file a petition with the court asserting an individual met the criteria for AOT.
How do you file the petition?
You may file a petition at the Probate Court of the county where the alleged mentally ill individual resides (or in some cases where the individual is found). You will be required to relate specific facts of the individual’s actions. A hearing date will be set in approximately 28 days.
How does the individual find out about the petition?
The individual and the individual’s attorney are personally served. All other interested persons are served by mail.
What happens next?
In short, the Judge makes a decision at the hearing and may issue an Order requiring the individual to obtain "assisted outpatient treatment."
What criteria needs to be met in order to file a petition for AOT? Is it possible to obtain AOT for an individual who is addicted to drugs/alcohol?
An individual would meet the criteria for AOT if:
They have not participated in treatment recommended by their mental health professional that is necessary to prevent relapse or harmful deterioration of a condition; PLUS within the past 48 months, the individual was in a psychiatric hospital, prison, and/or jail at least twice OR the non-compliance with the recommended treatment is a factor in the individual committing acts, attempts, or threats of serious violent behavior within the past 48 months.
Drug and/or alcohol addiction IN ADDITION to the above criteria may constitute sufficient reason for AOT under the Mental Health Code.
Does the treating mental health professional get involved?
Yes, the petition MUST indicate the name, address, and phone number of the individuals treating mental health professional.
If the individual is given an AOT that places him/her in the community requiring outpatient treatment, who provides this service?
Community Mental Health Services. They are involved in screening the individual and are also responsible for linking them to the various Community Mental Health satellite offices throughout the county, following up on the treatment, and advising the court if the individual is not meeting the requirements under the AOT order.
What are the costs involved in this process?
There are no filing fees. The State of Michigan and the county are responsible for all costs, with reimbursement for the attorney fee from the individual, if feasible.
Is the individual entitled to an attorney and a jury at these hearings?
Yes. The court will appoint an attorney for the individual unless he/she is privately represented. The individual may make a demand for jury at any time up to the time of the first hearing. If a demand is made, the hearing is adjourned until a jury may be convened.
Where is the Mental Health Division located?
The Oakland County Probate Court Mental Health Division is located on the 1st floor of the Courthouse at 1200 North Telegraph Road, Pontiac, Michigan 48341-0457. The telephone number is (248) 858-0291.
The Mental Health Division is open Monday through Friday from 8:00 a.m. to 4:30 p.m. except for holidays. Due to time requirements needed to complete paperwork and appear before the judge, the public is asked to file petitions at the Mental Health counter before 3:30 p.m.