After you receive the summary report, you have the right to file an appeal. An appeal must be written and sent within 45 days. You can file an appeal if you feel:
- the investigative findings of the Rights Office were not consistent with the facts, or with the law, rules, or policies of the agency;
- the action, or proposed action of the agency director did not provide adequate resolution; or
- the Rights Office did not start or finish the investigation in a timely manner.
If an advocacy organization is not available to help you write your appeal, the Rights Office will assist you. Within 5 business days after receiving your appeal, the local appeals committee will review it to see if it meets the requirements, and will notify you in writing whether your appeal was accepted. The committee has 30 days to make a decision on your appeal. They will review the case file provided by the Rights Office and may ask you for more information. Within 10 days after the decision is made, they will send you a copy.
If you are not satisfied with the decision, you have 45 more days to file a written appeal with the Michigan Department of Community Health. The only reason you may appeal to this level is if you believe that the investigative findings of the Rights Office were not consistent with the facts or relevant laws, rules, policies or guidelines.
If you are not satisfied with the answer from the Department of Community Health, you may appeal to the Circuit Court in the county where you live. You only have 21 days to do this and may need to hire an attorney to help you. Your appeal to the Circuit Court is based on the entire record of your appeal which was put together by the Department of Community Health.
If you have questions about appealing a rights decision, contact the Office of Recipient Rights at the Detroit Wayne County Community Mental Health Agency at 313-833-2500.
Phone code: 1438