Opinion

In Re Peb

Court
Michigan Court of Appeals
Filed
Aug 15, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 38.8%

The opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

In re PEB.

CAROLYN BELSITO, UNPUBLISHED

August 15, 2025

Petitioner-Appellee, 9:14 AM

v No. 374721

Kent Probate Court

PEB, LC No. 17-925655-MI

Respondent-Appellant.

Before: O’BRIEN, P.J., and BOONSTRA and WALLACE, JJ.

PER CURIAM.

Respondent, PEB, appeals as of right the probate court’s order requiring respondent to

undergo involuntarily mental-health treatment. Respondent argues that he is not a person requiring

treatment within the meaning of MCL 440.1401(1) and that the trial court improperly held a

hearing despite respondent’s request for a deferral. We affirm.

I. BACKGROUND

In January 2025, respondent’s mother petitioned the trial court for hospitalization of

respondent. Petitioner alleged that respondent had been “destroying property in the home” and

“made threats to slit [his father’s] throat and other threats to harm [his family].” Petitioner further

claimed that respondent had been talking to himself, was displaying threatening behavior, and had

delusional thinking, including thinking that his father was stalking him. Respondent had “been

yelling at strangers on the street,” stating that he was “being abused,” and asking for others to

“help him.” Petitioner claimed that respondent refused to seek mental-health treatment.

Two clinical certificates were filed in support of the petition. The first certificate was

submitted by a psychiatrist, Dr. Umer Farooq, who concluded that respondent was suffering from

an “unspecified mood disorder.” Among Dr. Farooq’s opinions were that respondent’s judgment

was impaired by that mental illness and that he presented a substantial risk of significant physical

or mental harm to himself or others. In support of his opinions, Dr. Faroog reported that respondent

“present[ed] dysphoric,” “seem[ed] to have limited insight into his illness and need for treatment,”

and “ha[d] made threatening remarks to harm self and family.” He was also reported to be having

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paranoid thoughts, irritability, was minimizing his symptoms and had no insight into his

threatening behaviors. Dr. Farooq noted that respondent needed a “higher level of care for safety

and stabilization of his mood,” and recommended hospitalization, only.

The second certificate was filed by another psychiatrist, Dr. Sameh Dwaikat. Dr. Dwaikat

concluded that respondent had schizoaffective disorder bipolar type. Dr. Dwaikat reported that

“[t]he patient present[ed] with labile mood, pressured speech, tangential thought process,

irritability, [and] anger.” Further, Dr. Dwaikat noted that respondent made threats against his

family, including threatening to slit respondent’s father’s throat. Dr. Dwaikat opined that

respondent had no insight into his mental illness and said he refused to accept medication. His

recommendation was a combination of hospitalization and assisted outpatient treatment.

Respondent requested to defer a court hearing on the petition, and requested combined

hospitalization and outpatient treatment; however, the next day, the hospital’s designee filed a

demand for hearing.

At the beginning of the hearing, the trial court noted that the case had originally been

resolved by a deferral, but there was “a demand for hearing for noncompliance.” Respondent

orally moved for dismissal, essentially arguing that the demand for hearing contained no basis for

the demand, but the court denied the motion and decided to take testimony from a doctor.1

The trial court heard testimony from Dr. Dwaikat, who diagnosed respondent with

schizoaffective disorder bipolar type, chronic nonadherence, and cannabis-use disorder. He

testified that when respondent arrived at the emergency room, “he appeared intrusive, labile,

perseverative on pro [sic] treatment by treatment staff,” and “was unable to give a meaningful

conversation on any topic.” Respondent was “refusing care in general,” including refusing to

allow any blood draws and refusing a COVID-swab.

Before Dr. Dwaikat examined respondent for the first time, a nurse “warned” him that

respondent had been talking about Dr. Dwaikat and other providers who had treated him in the

past. Respondent claimed that the providers had “abused him.” When Dr. Dwaikat spoke with

respondent, it was “very apparent” that respondent was paranoid, and respondent told Dr. Dwaikat

he did not trust him or any other provider. Dr. Dwaikat testified that, when he asked respondent

about threats that respondent made at home, respondent “did not want to discuss any of those

circumstances and seemed to shift blame on his parents’ fighting.” Respondent denied threatening

“to slit anybody’s throat.” Dr. Dwaikat also observed that respondent was “exhibiting severe mood

lability” and that respondent would start sobbing when asked a question that he could not answer.

Dr. Dwaikat asked if he could speak with respondent’s parents, and respondent stated that

1

The second paragraph of the form includes two boxes that could potentially be checked, the first

of which said petitioner is demanding a court hearing because “the individual refuses to accept

prescribed treatment,” and the second of which that said petitioner is demanding a court hearing

because “the individual orally demanded a hearing.” The court found that that respondent had

obviously not requested the hearing, meaning that the designee must have advertently failed to

check the first box.

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Dr. Dwaikat could speak to them, “but it ha[d] to be in front of him, because he d[id] not trust what

they have to say about him behind his back.”

With regard to medication, Dr. Dwaikat testified that respondent “eventually agreed to start

taking Haloperidol.” Respondent was prescribed 10 milligrams and “begged” not to have the

dosage increased. Dr. Dwaikat testified that this dosage was “definitely not enough.” Respondent

was “frequently observed yelling at unseen people in his room, making threats against the

physician—this physician and other physicians who have treated him before, making delusional

statements about this physicians and other physicians abusing him, bullying him, [and] keeping

him in the hospital without good cause.” Dr. Dwaikat testified that respondent stated several times

that he would not take medication once he left the hospital; therefore, Dr. Dwaikat requested a

court order “to guarantee adherence in the future.” In addition, Dr. Dwaikat testified that they

needed to obtain lab draws in the hospital and to increase his therapeutic dose up to 20 milligrams

a day. Dr. Dwaikat testified that respondent had no insight into his need for treatment. He stated

that “[respondent] pretends that he is coherent and adherent with his medications” but,

“unfortunately, whenever we discuss increasing the dose, he becomes vary labile, illogical, and

cannot tell me why he doesn’t want to take the meds.” Further, Dr. Dwaikat testified that, in the

hospital, respondent was trying to appear better than he is and minimizing his symptoms. He

recommended hospitalization, which he opined was the least restrictive form of treatment at that

time.

On cross-examination, Dr. Dwaikat was asked about respondent’s request for a deferral,

and Dr. Dwaikat testified that he would not accept a deferral for the various reasons discussed on

the record, including respondent stating that he will not take medication upon leaving the hospital,

that he does not have mental illness, and his labile mood. Dr. Dwaikat also opined that respondent

exhibited no improvement after receiving 10 milligrams of Haloperidol for at least the last four

days. On redirect, Dr. Dwaikat was asked if respondent had been compliant with the blood draws

or any other things needed to treat him appropriately. Dr. Dwaikat testified that he had not, and

agreed that this had been the case since he signed the deferral document. In fact, Dr. Dwaikat said

he had been notified that same day to order a series of blood tests upon the court ordering treatment.

The trial court also heard testimony from respondent, who testified that he was “trying to

cooperate” when he came to the hospital. Respondent requested to be “treated by a physician that

[he] did not have prior history with,” but the hospital denied his request. On the basis of his

understanding of what had been prescribed, respondent believed that he had complied with his

treatment. Respondent thought that Dr. Dwaikat was “exaggerating” about respondent’s mood

and their conversations. With regard to blood draws, respondent testified the only blood draws

that had been ordered were a hemoglobin A1C and a lipid panel, which were ordered when he first

arrived, and which he refused because an internal medicine physician said it was unnecessary lab

work. Since then, he claimed, “no one has explained to me anything about needing lab work,” and

he denied refusing any blood draws after signing the deferral. Respondent said that he would

continue to take his medications when he left the hospital and thought that they helped him. When

the trial court asked respondent if he suffered from schizoaffective disorder bipolar subtype,

respondent disagreed with that diagnosis. Respondent admitted that he suffered from a mental

illness, but he did not believe that “it is a mental illness that requires inpatient hospitalization.” He

denied the allegations about destroying property or threatening to slit a family member’s throat.

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At the conclusion of the hearing, the trial court found by clear and convincing evidence

that respondent was a person requiring treatment under the Mental Health Code, MCL 330.1001

et seq. The trial court found that respondent had threatened his parents and had destroyed property.

It also found that respondent did not understand his need for treatment, did not embrace his

diagnosis, and had refused medication. The trial court also found that respondent’s unwillingness

to voluntarily participate in treatment that is necessary on the basis of competent clinical opinion

to prevent a relapse or a harmful deterioration of his condition presented a substantial risk of

significant physical harm to respondent and others, and particularly mental harm to respondent.

Accordingly, the trial court granted the petition and ordered hospitalization of respondent.

Respondent now appeals.

II. STANDARDS OF REVIEW

We review a probate court’s dispositional decisions for an abuse of discretion. In re Bibi

Guardianship, 315 Mich App 323, 328; 890 NW2d 387 (2016). “A probate court abuses its

discretion when it chooses an outcome outside the range of reasonable and principled outcomes.”

Id. at 329. However, we review a probate court’s factual findings for clear error. Id. at 328. A

probate court’s “findings are clearly erroneous if the reviewing court is left with a definite and

firm conviction that a mistake was made.” Id. at 329. “A reviewing court must defer to the special

ability of the trial court to judge the credibility of witnesses.” In re LaFrance Minors, 306 Mich

App 713, 723; 858 NW2d 143 (2014). To the extent that resolution of these issues requires

interpretation and application of statutes, “[t]his Court reviews de novo whether the trial court

properly interpreted and applied the relevant statutes and court rules to the facts.” Kaeb v Kaeb,

309 Mich App 556, 564; 873 NW2d 319 (2015).

III. ANALYSIS

The trial court did not abuse its discretion by holding a hearing despite respondent’s earlier

request for a deferral and did not err by determining that respondent was a “person requiring

treatment” under MCL 330.1401(1).

A. DEFERRAL

MCL 330.1455(6) allows an individual to defer a hearing regarding a petition under the

Mental Health Code. Once a request for a deferral and stipulation that the individual agrees to

participate in treatment has been properly filed, “the court shall temporarily defer the hearing.”

MCL 330.1455(7). The trial court “does not have discretion regarding whether to defer the hearing

once it has received the stipulation and request.” In re Moriconi, 337 Mich App 515, 525; 977

NW2d 583 (2021). However, [i]f the individual, at any time during the period in which the hearing

is being deferred, refuses the prescribed treatment . . . , treatment shall cease, the hospitalized

individual shall remain hospitalized with the status of the subject of a petition under section 434,

and the court shall be notified to convene a hearing under [MCL 330.1452(1)(d)].” MCL

330.1455(8).

Respondent argues that Dr. Dwaikat did not give him a chance to participate in treatment

voluntarily and improperly relied on petitioner’s claims that respondent would not take medication

outside of the hospital, when, in fact, respondent was taking his medication as prescribed during

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the deferral period. Respondent argues that the trial court erred by holding a hearing despite his

compliance and right to a deferral. We disagree.

The trial court did not abuse its discretion by holding a hearing on the petition for mental-

health treatment after the hospital filed a demand for hearing. At the beginning of the hearing, the

trial court recognized that the case had originally been resolved by a deferral, but there was now a

demand for hearing on the basis of noncompliance. MCL 330.1455(8) clearly allows for a hearing

under these circumstances because the testimony of Dr. Dwaikat showed that respondent was not

compliant with treatment after signing the deferral. Although respondent argues that he complied

with his treatment, Dr. Dwaikat’s testimony established that respondent resisted increasing the

dose of his medication. Respondent also did not agree with his diagnosis and refused a blood

draw. Respondent argues that Dr. Dwaikat impermissibly relied on respondent’s mother’s claims

that he would not take medication outside of the hospital, but Dr. Dwaikat also testified that

respondent himself stated several times that he would not take medication once he left the hospital.

MCL 330.1455(6) requires that an individual seeking to defer a hearing “accept treatment as may

be prescribed for the deferral period,” and the evidence shows that respondent was not accepting

treatment. Therefore, the trial court did not abuse its discretion by holding a hearing despite

respondent’s earlier request for a deferral.

Respondent also takes issue with the demand for hearing form submitted in this case.

While the demand for hearing form has boxes that could be checked to indicate that the individual

refuses to accept treatment or that the individual orally demanded a hearing, neither box was

checked. Again, the trial court reasoned, under these circumstances, that the hospital’s designee

inadvertently failed to check the box indicating that the individual refused to accept treatment.

The court’s reasoning proved correct when Dr. Dwiakat testified at the hearing that respondent

had refused treatment (which was why a hearing was demanded following the request for deferral).

B. PERSON REQUIRING TREATMENT

The Mental Health Code sets forth the procedure for requesting an order of involuntary

mental-health treatment, generally referred to as civil-commitment proceedings. MCL 330.1400

et seq.; In re Portus, 325 Mich App 374, 382; 926 NW2d 33 (2018). “Any individual 18 years of

age or over may file with the court a petition that asserts an individual is a person requiring

treatment.” MCL 330.1434. To support a court order for mental-health treatment, a respondent

must qualify under at least one subsection of MCL 330.1401(1). Mental illness is defined as 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.” MCL 330.1400(g).

A judge or jury must find that an individual is a person requiring treatment by clear and

convincing evidence. MCL 330.1465.

Evidence is clear and convincing if it produces in the mind of the trier of fact a firm

belief or conviction as to the truth of the allegations sought to be established,

evidence so clear, direct and weighty and convincing as to enable the factfinder to

come to a clear conviction, without hesitancy, of the truth of the precise facts in

issue. [In re Pederson, 331 Mich App 445, 472; 951 NW2d 704 (2020) (quotation

marks and citation omitted).]

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We defer to the trial court “on matters of credibility, and will give broad deference to

findings made by the probate court because of its unique vantage point regarding witnesses, their

testimony, and other influencing factors not readily available to the reviewing court.” In re Portus,

325 Mich App at 397.

Respondent does not dispute that he had a mental illness, but argues that he is not a “person

requiring treatment.” Respondent argues that his agreement to a deferral shows that he was not a

danger to himself or others, and that petitioner’s unsubstantiated claims that respondent made

threats were not sufficient to establish that respondent presented a substantial risk of harm.

Therefore, respondent argues that there was not clear and convincing evidence that he was a person

requiring treatment under MCL 330.1401(1)(a) or (c). We disagree.

A person can qualify as a “person requiring medical treatment” under MCL 330.1401(a),

(b), or (c).

To qualify as a “person requiring treatment” under MCL 330.1401(1)(a), an individual

must have a mental illness, and as a result of that illness, “can reasonably be expected within the

near future to intentionally or unintentionally harm himself . . . or another individual” and have

“made significant threats that are substantially supportive of the expectation.”

First, there is no dispute in this matter that respondent has a mental illness as defined by

MCL 330.1400(g). As previously noted, respondent’s diagnoses included schizoaffective disorder

bipolar type and chronic nonadherence. Also, respondent did not contest that he had a mental

illness in the trial court, he simply argued that it did not require hospitalization - he likewise does

not contest that finding on appeal.

Second, respondent’s threats to his family, and in particular the threat to slit his father’s

throat, are significant threats. Although respondent argues that these threats were simply

unsubstantiated, Dr. Dwaikat testified that respondent similarly made frequent threats to his

healthcare providers in the hospital. Petitioner also alleged that respondent had been “yelling at

people on the street” asking for help, and, in the hospital, respondent was observed “yelling at

unseen people in his room” and claiming that he was being abused by hospital staff. These

similarities support petitioner’s allegations. Also, while the allegations contained in the petition,

and its attachments, may have constituted hearsay, which is prohibited under MRE 802 unless the

rules of evidence provide otherwise, the hearsay exception in MRE 1101(b)(10) applies to this

case. Under MRE 1101(b)(10), in a hearing brought under MCL 330.1400, et seq, “the court may

consider hearsay data that are part of the basis for the opinion presented by a testifying mental

health expert.” Also, under MCL 330.1459(2),

[t]he court shall receive all relevant, competent, and material evidence which may

be offered. The rules of evidence in civil actions are applicable, except to the extent

that specific exceptions have been provided for in this chapter or elsewhere by

statute or court rule.” (emphasis added).

Moreover, we give broad deference to the credibility determinations of the trial court, which

clearly did not believe respondent’s testimony on this issue. See In re Portus, 325 Mich App

at 397. Respondent’s threats, in combination with testimony about respondent’s paranoia,

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delusional thinking, and labile or unstable mood, established a reasonable expectation of harm to

himself or others; therefore, the trial court did not err by finding that respondent qualified as a

person requiring treatment under MCL 330.1401(1)(a).

Under MCL 330.1401(1)(c), a “person requiring treatment” is defined as

[a]n individual who has mental illness, whose judgment is so impaired by that

mental illness, and whose lack of understanding of the need for treatment has

caused him or her to demonstrate an unwillingness to voluntarily participate in or

adhere to treatment that is necessary, on the basis of competent clinical opinion, to

prevent a relapse or harmful deterioration of his or her condition, and presents a

substantial risk of significant physical or mental harm to the individual or others.

As discussed previously, there is sufficient evidence that respondent was not complying with

recommended treatment. Dr. Dwaikat testified that respondent’s current dosage of medication

was “not enough,” yet respondent resisted any increase in dosage. Dr. Dwaikat stated that when

discussing increasing the dosage, respondent was unstable, illogical, and could not give a reason

why he should not take a higher dosage. Respondent’s lack of insight into his mental illness and

his need for treatment presented a substantial risk of physical harm to others and mental harm to

respondent. Dr. Dwaikat testified that respondent’s symptoms were not being addressed with his

current dose of medication and failure to address respondent’s symptoms of unstable mood,

irritability, and paranoia would likely lead to respondent making further threats toward others.

Therefore, the trial court did not err by finding that respondent also qualified as a “person requiring

treatment” under MCL 330.1401(1)(c).

Affirmed.

/s/ Colleen A. O’Brien

/s/ Mark T. Boonstra

/s/ Randy J. Wallace

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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