Admission.

Proviso,

indigent

patients.

Expenses, how paid.

Warrant.

Who liable.

Prosecuting attorney, duty of.

supervision.

Petition,

what to state.

same in his office. Patients shall be entitled to admission in the order in which the copies of the orders for commitment were received and filed, and whenever there shall be room at the home to receive additional patients the medical superintendent shall at once notify the probate court which made the commitment earliest received and filed as aforesaid, and said court shall cause said patient to be taken to said home or shall notify the medical superintendent that said person is no longer entitled to admission: Provided, Preference shall be given to the admission of indigent patients, so far as circumstances permit.

SEC. 16. The State shall pay to the Michigan Home for the Feeble-Minded and Epileptic all the expenses for keeping and maintaining public patients therein including their clothing and all other expenses. An account of these expenses, verified by the oath of the medical superintendent, shall be sent to the Auditor General quarterly, who shall draw his warrant therefor on the State Treasurer, who shall pay the same out of any moneys appropriated for that purpose, if there be any, and if not, then out of the general fund. Every public patient, if he has an estate sufficient for that purpose, and if not, then such relatives as are legally liable for his support, shall be liable to the State for all expenses paid by it on his behalf. The relatives legally liable for his support as provided in this act shall include the father, mother, children and husband of the patient.

SEC. 17. The prosecuting attorney is charged with the duty of appearing for and representing the State in all proceedings to reimburse it for the expenses which it may pay for a public patient, and to subject the estate of the patient and his relatives who are legally liable for his support to the Who to have payment of such expenses. The Attorney General shall have the supervision of the prosecuting attorneys in conducting such proceedings, and shall report to the Governor any neglect therein on the part of the prosecuting attorney. When any person has been admitted to the Michigan Home for the Feeble-Minded and Epileptic as a public patient the prosecuting attorney of the county in which the order for admission was made shall, if such person be possessed of any estate or shall thereafter while he shall remain such public patient become possessed thereof, petition the probate court of said county in his name as prosecuting attorney, stating that such person has been admitted to said home as a public patient; that he has good reason to believe and does believe that he has an estate, and praying for the appointment of a guardian over such person if one has not already been appointed, and that said estate may be subjected to the payment to the State of the expenses paid and to be paid by it on behalf of said public patient. The court shall thereupon issue a citation to show cause why the prayer of the petition should not be granted. If the patient has a guardian

Guardian.

Citation,

how served.

person,

of.

refusal to

the citation shall be served on him. If he has no guardian it shall be served upon the relatives legally liable for his support as herein before mentioned if any are known and can be found. The citation shall be served at least fourteen days when served. before the day of hearing and may be served in any part of the State in the manner provided by the rules of the probate court. The court may appoint a guardian ad litem for such patient. At the time of the hearing if it appear that the Estate and patient has an estate, the court shall, without further notice, guardianship appoint a guardian of the person and estate of the patient if he has no such guardian, and the court shall make an when court to order requiring and directing said guardian to appropriate wake order; and apply so much or such part of said estate as may appear contain. to be proper to reimburse the State for the expenses theretofore incurred by it on behalf of such patient, and shall direct the payment of such part thereof to reimburse the State for future expenses which it may pay on his behalf as shall appear just and equitable, regard being had to the claims of persons having legal right to maintenance out of said person's estate. If such guardian shall neglect or refuse to Neglect or comply with such order the court shall cite him to appear comply. before the court at such time as it may direct and show cause why he should not be removed, and to render an account of all money and property in his hands as such guardian, and on his failure to comply with said order or to appear or render such account, the court may remove him and appoint some other suitable person in his place. As an addi- Payment, tional remedy the prosecuting attorney may enforce payment enforcement of the sums provided in the original order by a proper action in the name of the State. The court may in its discretion order the payment of the cost of these proceedings out of the patient's estate. If it is not so ordered, a certified copy of the taxed bill of costs shall be furnished to the county treasurer, who shall pay the same to the persons entitled thereto. The proceedings provided for by this section may be begun Proceedings, at any time before the final discharge of said patient from when may said home and not afterwards, and recovery thereunder may be had for the expenses incurred on behalf of such patient during the entire period or periods such patient has been confined in said home. The proceedings prescribed by this section shall not be deemed to exclude recovery in any proceeding authorized by any general law of this State.

of.

begin, etc.

person.

SEC. 18. If a public patient is an indigent person and has Indigent relatives who are legally liable for his support, the prosecuting attorney of the county in which the order of admis sion was made shall petition the probate court of said county in his name as prosecuting attorney, stating that such person has been ordered admitted to the Michigan Home for the Feeble-Minded and Epileptic as a public patient; that he is an indigent person, and that he has relatives, naming them, who are legally liable for his support, and praying that said

Citation, how and

when served.

Payment, how and by whom made.

relatives may be adjudged to reimburse the State for the expenses paid and to be paid by it in his behalf. The court shall thereupon issue a citation to said relatives to show cause why the prayer of the petition should not be granted. The citation shall be served at least fourteen days before the day of hearing and may be served in any part of the State. If it shall appear to said court on said hearing that such person is indigent and that he has relatives who are parties to said proceedings who are legally liable for his support and who are able to contribute thereto, he may make an order requiring payment by such relatives of such sum or sums as he may find they are reasonably able to pay, not exceeding, however, in all the sum of two hundred dollars per year. Said order shall require the payment of such sums to the State Treasurer to be made annually, semiannually or quarterly as the court may direct. The court shall furnish the State Treasurer a certified copy of such order and it shall be the duty of the State Treasurer to collect the sums therein named and to turn the same into the State treasury so long as such person is a public patient. If refusal to pay such relatives so ordered to pay shall neglect or refuse so to do, the State Treasurer shall notify the prosecuting attorney of the county in which the proceedings were had, and in case any of the said relatives reside in another county or counties, then also the prosecuting attorney of such county or counties of such neglect or refusal, and the prosecuting attorney of the county where said relatives or any of them reside shall proceed by action to be brought in the name of the State to collect such sum. Such action may be brought When unable in any county where any of said relatives may reside. If any

State treasurer, duty of.

Neglect or

May bring action.

to pay sum.

Costs, how paid.

Recovery.

person so ordered to contribute to the support of such patient shall at any time become unable to pay the sum so ordered, such person may petition the probate court, setting forth the facts; upon the filing of such petition the court shall appoint a day of hearing thereon, and notice of such hearing shall be served on the prosecuting attorney of the county and upon the Attorney General not less than six days before the day of hearing. If the court is satisfied that such person is no longer able to contribute such sum, it may make an order vacating or modifying the original order, and a certified copy of the order so made shall be furnished to the State Treasurer. The costs of these proceedings shall be paid in the manner provided in the preceding section. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said home, and not afterwards; and recovery thereunder may be had for the expenses incurred on behalf of such patient during the entire period or periods of confinement in said home. The proceedings prescribed by this section shall not be deemed to exclude recovery in any proceeding authorized by any general law of this State.

petition for

service of.

SEC. 19. When any person in indigent circumstances when may shall have been maintained by his friends in said home as a change of private patient for three months, and the medical superin- order. tendent shall certify that he has not recovered and requires further treatment, the friends by whom he has been so maintained may petition the probate court, stating the facts and praying that his order for admission be changed from that of a private patient to that of a public patient. Notice of Notice, the time and place of hearing on said petition shall be served on the prosecuting attorney of the county not less than six days before hearing. The court shall investigate the facts Court to and circumstances of the case, and if deemed proper may investigate. make an order changing the order of admission of such person from that of a private patient to that of a public patient. A certified copy of such order shall be at once sent to the medical superintendent and the prosecuting attorney of the county. The prosecuting attorney may at any time thereafter take such proceedings to reimburse the State out of the estate of such patient as are provided for in section seventeen, or to require the relatives of such patient who are legally liable for his support to reimburse the State as provided in section eighteen.

how

SEC. 20. If any person shall be admitted as a public order for patient, his order for admission may be changed to that of admission, a private patient by executing and delivering to the probate changed. court the bond and advance payment for his support mentioned in section fifteen. The probate court shall thereupon make an order changing the admission of said person from

a public to a private patient. All the provisions of said last Provisions named section as to justifying anew by the persons executing applicable. the said bond or giving a new bond shall apply to the bond so given and in the same manner and with the same effect as if said bond had been given when the order of admission was made.

amination.

SEC. 21. Whenever the superintendent of the Industrial court to School for Boys, the State Industrial Home for Girls, the investigate. State Public School at Coldwater or any other charitable institution supported by the State, shall certify to the probate court of the county in which such school, home or institution is situated, that in his opinion any inmate thereof has become or is feeble-minded or epileptic, such court shall immediately fully investigate the facts in the case. It shall personal excause such inmate to be personally examined by two reputable physicians to be appointed by the court, who shall have the qualifications herein before prescribed, and in its discretion shall call such other credible witnesses as it may deem needful, and it shall have power to compel the attendance of witnesses. If such inmate shall be found and adjudged Order for to be feeble-minded or epileptic, the court shall immediately public issue an order for his admission as a public patient to the patient. Michigan Home for the Feeble-Minded and Epileptic. When

admission as

200

Expense, how audited and paid.

Who to benefit.

Removal.

Expenses.

In case of escape of patient.

Recapture, expense of, by whom paid.

When may discharge patient.

Proviso.

When

probate court to direct discharge.

PUBLIC ACTS, 1909-No. 101.

ever any such inmate shall have been restored to his normal condition, the medical superintendent of the home shall so certify in writing to the superintendent of said school, home or institution, who shall forthwith, on receiving such certificate, send for and receive back such inmate into said school, home or institution. The expense of such examination and proceedings and of removing said inmate to and from said home shall be audited by the Board of State Auditors and paid from the general fund on the certificate of the probate court, medical superintendent of the home or the superintendent of the school, home or institution having knowledge of the facts.

SEC. 22. The Michigan Home for the Feeble-Minded and Epileptic is intended for the benefit of bona fide residents of this State. The board of control shall cause any person who has been admitted but who has not acquired a legal settlement in this State to be removed as soon as possible to the state to which he belongs. The actual and necessary expenses of such removal shall be audited by the Board of State Auditors and paid from the general fund upon vouchers certifying to the circumstances of such removal, showing in detail the expenses thereof.

SEC. 23. If the patient shall escape, the medical superintendent shall notify the judge committing such patient and take all proper measures for his apprehension and he may offer a reasonable reward therefor. The expense of the recapture of a private patient shall be paid by the person responsible to the home for his care and maintenance, and of a public patient shall be paid by the home and shall be a charge against the State, to be included in its quarterly bills.

SEC. 24. The medical superintendent may by consent of the board of control discharge any patient in the following cases: First, A patient who, in his judgment, has recovered; Second, Any patient who has not recovered but whose discharge, in the judgment of the superintendent, will not be detrimental to the public welfare nor injurious to the patient: Provided, however, That before ordering such discharge the superintendent shall send notice by mail to the friends of such patient or to the superintendent of the poor of the county whence he came, and to the judge of probate committing such person, and if such patient is not removed within ten days thereafter he shall be returned to the home and friends or to the superintendent of the poor of said county. When the superintendent is unwilling to discharge an unrecovered patient upon request, and so certifies in writing, giving his reasons therefor, the probate court of the county from which the patient was admitted into the home may, upon such certificate, and an opportunity for hearing thereon being accorded the superintendent, and upon such proofs as may be produced, direct by order the discharge of