135-C:1 Purpose and Policy. – I. The purpose of this chapter is to enable the department of health and human services to: (a) Establish, maintain, and coordinate a comprehensive, effective, and efficient system of services for persons with mental illness. (b) Reduce the occurrence, severity and duration of mental, emotional, and behavioral disabilities. (c) […]
135-C:10 Eligibility of Programs; Monitoring. – I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and the process of approval by the director of community mental health programs for their eligibility to: (a) Receive municipal contributions under RSA 135-C:9. (b) Make involuntary admissions under RSA 135-C:27-33 and RSA 135-C:34-54. […]
135-C:11 Federal Funds. – The commissioner may accept grants or other allocations of funds from the federal government for mental health services and may allocate, distribute, expend, or enter into contracts for the expenditure of such funds in accordance with the terms of the grants or allocations. Source. 1986, 212:1. 1995, 310:85, eff. Nov. […]
135-C:12 Application for Services. – I. Any person seeking services from the state mental health services system may apply to an approved community mental health program or to a receiving facility. II. Application shall be made by, or with the consent of, the person seeking services. An application for a person 18 years of […]
[RSA 135-C:13 effective until July 1, 2023; see also RSA 135-C:13 set out below.] 135-C:13 Discrimination Prohibited; Eligibility for Services. – Every severely mentally disabled person shall be eligible for admission to the state mental health services system, and no such person shall be denied services because of race, color or religion, sex, gender […]
135-C:14 Optional Services. – The department may provide services to persons in need of mental health treatment who are not severely mentally disabled and may provide prevention, emergency, information and referral, consultation, education and other services to individuals and organizations without regard to eligibility and shall give special emphasis to children and elderly who […]
135-C:15 Placement Criteria. – Except for emergency treatment or involuntary admissions ordered under RSA 135-C:27-54, all placements of clients in the programs and services in the mental health system shall be voluntary and shall require the documented consent of the client or guardian. Placements shall be made into those programs and services which least […]
135-C:16 Withdrawal From Services; Rules. – Subject to RSA 135-C:17, any client receiving service or treatment on a voluntary basis may at any time withdraw from the service or treatment or from any specific form of treatment. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the rights of minors to withdraw […]
135-C:17 Restriction on Withdrawal. – If a client admitted to a receiving facility on a voluntary basis informs the facility of his desire to withdraw completely from the facility, the administrator of the facility or his designee may order a mental and physical examination of the client to determine whether the criteria for involuntary […]
135-C:18 Termination of Services; Rules. – Any program or facility in the mental health services system may at any time terminate or suspend services to the client when the termination or suspension is in the best interests of the client or when the client cannot benefit from the service. Services may also be terminated […]
135-C:19 Individual Service Plan; Rules. – There shall be an individual service plan for every client in the mental health services system. The program or facility into which the client was placed shall develop the individual service plan which shall be regularly reviewed and modified if necessary. To the extent feasible, the plan shall […]
135-C:19-a Disclosure of Certain Information. – I. Notwithstanding RSA 329:26 and RSA 330-A:32, a community mental health center or state facility providing services to seriously or chronically mentally ill clients may disclose information regarding diagnosis, admission to or discharge from a treatment facility, functional assessment, the name of the medicine prescribed, the side effects […]
135-C:2 Definitions. – As used in this chapter: I. "Absolute discharge" means the final and complete discharge of a mentally ill patient from any form of treatment by the department. II. "Administrator" means the superintendent, executive director, or other chief administrative officer of any facility or of any community mental health program operated under […]
135-C:20 Jurisdiction. – I. For proceedings under RSA 135-C:27-33, jurisdiction is vested in the district court of the city or town where the person is detained. II. For proceedings under RSA 135-C:34-54, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For […]
135-C:21 Representation by Attorney General. – The attorney general or his designee shall represent the state of New Hampshire in proceedings conducted pursuant to this chapter in which the state is an interested party. Source. 1986, 212:1, eff. Jan. 1, 1987.
135-C:22 Right to Legal Counsel. – The right of a client or a person sought to be admitted to a program or facility to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any client or person sought to […]
135-C:23 Legal Services; Payment; Appointment. – The client or person sought to be admitted shall pay the costs of the legal services in connection with hearings held under this chapter. If the client or person sought to be admitted is unable to pay for counsel, the court shall appoint either a member of New […]
135-C:24 Notice. – Before any judicial hearing commences, the client or the person sought to be admitted shall be given written and oral notice, in a language he understands, of his right to be represented by legal counsel and to have legal counsel appointed for him if he is indigent. Source. 1986, 212:1, eff. […]
135-C:25 Appeals From Probate Court. – Notwithstanding any other provision of law, any person aggrieved by an order or decree of the probate court has a right to a review by the supreme court in the same manner provided for the review of cases heard before the superior court. Source. 1986, 212:1, eff. Jan. […]
135-C:26 Receiving Facility; Rules. – I. New Hampshire hospital and any other facility approved by the commissioner shall be designated as receiving facilities for the care, custody, and treatment of persons subject to involuntary admissions. Any community mental health program, hospital, community residence, nursing home, or other treatment or sheltered care facility may apply […]
