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Coronavirus containment includes court-ordered detainment, if necessary

A court order to involuntarily detain someone with coronavirus who will not self-isolate is a “last resort’’ and has not yet been used in Kent County.

GRAND RAPIDS, Mich. — A Kent County court order allowing for the detention of individuals who tested positive for COVID-19, or who are symptomatic, will only be used for those who refuse to self-quarantine, county officials said Friday.

“This is only temporary and it’s for the protection of the people of this county,’’ said Kent County Chief Circuit Court Judge Mark A. Trusock, who signed the order earlier this month.

Other counties in Michigan and in other states have similar orders in place.

It’s part of a comprehensive strategy to reduce exposure to coronavirus, which has claimed more than 33,000 lives nationwide as of April 16. More than 661,000 Americans have caught the virus.

Kent County Corporate Counsel Linda S. Howell worked on the court order, which she says has yet to be used.

“This order is a last resort, but we’ve never used it,’’ Howell said Friday afternoon. “I can’t imagine that we will need it.’’

The order, she said, is allowed under Michigan’s Public Health Code of 1978.

RELATED: Kent County court suspends all trials until mid-April due to coronavirus

Misinformation about the order is making the rounds on social media, which Trusock and Howell said is unfortunate.

“Some have misconstrued this as a draconian order. That is not the case,’’ she said.  “It is not intended to allow anyone to be miscellaneously picked up.’’

The six-page order, signed by Trusock on April 6, cites COVID-19 as “an imminent threat to public health.’’ If a person is determined to be a “carrier and health threat,’’ they must be isolated, according to the order.

Health officials say that point is not in dispute. And, so far, people who meet that criteria have been cooperative, Howell said.

“Most people have no inclination whatsoever to spread any problem to their neighbors,’’ Howell said.

RELATED: County jails begin releasing non-violent inmates as pandemic widens

Trusock said there is concern that someone with mental health issues who's tested positive for COVID-19 may resist isolation. Such a case presented itself on Easter Sunday, but the individual eventually agreed to isolation before the order had to be used, Trusock said.

“And it’s simply for the protection of the people of Kent County so that someone who is known to have it can be isolated and cared for,’’ he said. “Especially someone who may be challenged mentally or may not have a place to live. They can be dealt with properly.’’

Under the order, a person can be initially detained for up to 24 hours.

“This order would allow us the time necessary to do the rest of the paperwork to find them a spot to stay before they disappeared into our community,’’ Howell said. 

RELATED: Lawyers cite coronavirus concerns and crowds to get clients out of jail

If involuntary detention is expected to last beyond 24 hours, a petition for treatment has to be filed with the court and a hearing held. 

“And the judge would craft the terms of any detention,’’ Howell said. “These are all designed to be person specific. All the due process protections would be in place.’’

Kent County Emergency Manager Lt. Lou Hunt says Guiding Light, a non-profit organization in Grand Rapids, has bed space available for people who need to isolate outside a hospital but have nowhere to go.

“They can come to our Guiding Light holding and isolation center for the purpose of having some place to stay if they are awaiting test results,’’ Hunt said. “If they’re positive, they’ve got a place where they can rest and recover.’’

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