Section 135-C:36 – Petition.
135-C:36 Petition. – I. The petition for admission on an involuntary basis shall include: (a) The name of the person sought to be admitted and his last known address. (b) The specific acts or actions that the petitioner alleges satisfy RSA 135-C:34. (c) A certificate from a physician, physician assistant, or advanced practice registered […]
Section 135-C:37 – Hearing Date.
135-C:37 Hearing Date. – The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 15 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition. Source. 1986, 212:1. 1995, 212:3, eff. Jan. 1, 1996.
Section 135-C:38 – Copies of Petition.
135-C:38 Copies of Petition. – Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted with notice to the appropriate receiving facility. Source. 1986, 212:1. 2011, 88:20, eff. July 1, 2011. 2016, 187:1, eff. […]
Section 135-C:39 – Custody Prior to Hearing.
135-C:39 Custody Prior to Hearing. – I. The person sought to be admitted for treatment on an involuntary basis shall be at liberty pending the hearing, unless: (a) The person is under the protective custody of the department in accordance with RSA 135-C:27-33; (b) The client has been admitted for voluntary care and wishes […]
Section 135-C:40 – Examination by Psychiatrist.
135-C:40 Examination by Psychiatrist. – Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court […]
Section 135-C:41 – Recommendations; Copy to Person.
135-C:41 Recommendations; Copy to Person. – No later than on the day before the hearing, 2 copies of the report prepared pursuant to RSA 135-C:40 shall be made available to the person sought to be admitted and to his or her attorney. Source. 1986, 212:1. 2000, 294:2, eff. Aug. 20, 2000.
Section 135-C:42 – Continuance.
135-C:42 Continuance. – Either party may apply to the court for a continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown. Source. 1986, 212:1, eff. Jan. 1, 1987.
Section 135-C:43 – Conduct of Hearing.
135-C:43 Conduct of Hearing. – I. For hearings held under this chapter, the person sought to be admitted shall have the right to legal counsel, to present evidence on his or her own behalf, to have a closed hearing and a closed file unless he or she requests otherwise, and to cross-examine witnesses. He […]
Section 135-C:33 – Discharge.
135-C:33 Discharge. – I. At any time during the period of involuntary emergency admission the administrator of the receiving facility or designee in such facility shall discharge the person admitted if the administrator decides that the person no longer meets the criteria established by RSA 135-C:27. If a discharge occurs, under this section or […]
Section 135-C:26 – Receiving Facility; Rules.
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 […]