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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6108

December 9, 1982

PUBLIC HEALTH CODE:

Individual incapacitated in a public place includes minors

WORDS & PHRASES:

'Individual'

A minor person who appears to be incapacitated in a public place shall be taken into protective custody by a law enforcement officer in accordance with the Public Health Code, 1978 PA 368, Sec. 6501.

Mr. Anders B. Tingstad, Jr.

Prosecuting Attorney

County of Gogebic

Bessemer, Michigan 49911

You have asked whether 1978 PA 368, Sec. 6501; MCLA 333.6501; MSA 14.15(6501), applies to minors as well as to adults with respect to the handling of incapacitated individuals in a public place.

1978 PA 368, Sec. 6501, supra, uses the term 'individual' throughout and provides, in pertinent part:

'(1) An individual who appears to be incapacitated in a public place shall be taken into protective custody by a law enforcement officer and taken to an approved service program, or to an emergency medical service, or to a transfer facility pursuant to subjection (4) for subsequent transportation to an approved service program or emergency medical service. When requested by a law enforcement officer, an emergency service unit or staff shall provide transportation for the individual to an approved service program or an emergency medical service. This subsection shall not apply to an individual who the law enforcement officer reasonably believes will attempt escape or will be unreasonably difficult for staff to control.'

To determine what the Legislature meant by 'individual,' we must look to the definitions provided in the Public Health Code. For the purposes of the Public Health Code, 1978 PA 368, Sec. 1105; MCLA 333.1105; MSA 14.15(1105), defines 'individual' as 'a natural person.' 1978 PA 368, Sec. 1104(2); MCLA 333.1104(2); MSA 14.15(1104)(2) defines 'adult' as 'an individual eighteen years of age or older.' Further, the Public Health Code, 1978 PA 368, Sec. 1105(5), supra, defines 'a minor' as 'an individual under eighteen years of age.' Thus, both a minor as well as an adult are 'individuals,' as these terms are defined in the Public Health Code. Further, had the Legislature intended 1978 PA 368, Sec. 6501, supra, to apply to adults only, it would have used that term in 1978 PA 368, Sec. 6501, supra.

It should be observed that a minor person taken into protective custody under 1978 PA 368, Sec. 6501, supra, may be a neglected child within the purview of 1975 PA 238; MCLA 722.621 et seq; MSA 25.248(1) et seq, and entitled to the benefits of its provisions. Thus, the law enforcement officer taking the incapacitated minor person believed to be neglected into protective custody would be obligated to file a written report with the Department of Social Services in accordance with its provisions.

Accordingly, it is my opinion that the term 'individual' used with regard to 'individuals who appear incapacitated in a public place,' as contained in 1978 PA 368, Sec. 6501 et seq, includes both adults and minors.

Frank J. Kelley

Attorney General


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