§ 7611. Involuntary treatment No person may be made subject to involuntary treatment unless he or she is found to be a person in need of treatment or a patient in need of further treatment. (Added 1977, No. 252 (Adj. Sess.), § 18.)
§ 7612. Application for involuntary treatment (a) An interested party may, by filing a written application, commence proceedings for the involuntary treatment of an individual by judicial process. (b) The application shall be filed in the Family Division of the Superior Court. (c) If the application is filed under section 7508 or 7620 of this […]
§ 7612a. Probable cause review (a) Within three days after an application for involuntary treatment is filed, the Family Division of the Superior Court shall conduct a review to determine whether there is probable cause to believe that the person was a person in need of treatment at the time of his or her admission. […]
§ 7613. Notice—Appointment of counsel (a) When the application is filed, the court shall appoint counsel for the proposed patient and transmit a copy of the application, the physician’s certificate, if any, and a notice of hearing to the proposed patient, his or her attorney, guardian, or any person having custody and control of the […]
§ 7614. Psychiatric examination As soon as practicable after notice of the commencement of proceedings is given, the court on its own motion or upon the motion of the proposed patient or his or her attorney or the State of Vermont shall authorize examination of the proposed patient by a psychiatrist other than the physician […]
§ 7615. Hearing on application for involuntary treatment (a)(1) Upon receipt of the application, the court shall set a date for the hearing to be held within 10 days from the date of the receipt of the application or 20 days from the date of the receipt of the application if a psychiatric examination is […]
§ 7616. Appearance by State; burden of proof (a) The State shall appear and be represented by the State’s Attorney for the county in which the hearing takes place or by the Attorney General at his or her discretion. (b) The State shall have the burden of proving its case by clear and convincing evidence. […]
§ 7617. Findings; order (a) If the court finds that the proposed patient was not a person in need of treatment at the time of admission or application or is not a patient in need of further treatment at the time of the hearing, the court shall enter a finding to that effect and shall […]
§ 7617a. Reporting; National Instant Criminal Background Check System (a) If the court issues a hospitalization order pursuant to subdivision 7617(b)(1) or (2) of this title or a nonhospitalization order pursuant to subdivision 7617(b)(3), the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant […]
§ 7618. Order; nonhospitalization (a) If the court finds that a treatment program other than hospitalization is adequate to meet the person’s treatment needs, the court shall order the person to receive whatever treatment other than hospitalization is appropriate for a period of 90 days. (b) If at any time during the specified period it […]
§ 7619. Order; hospitalization An initial order of hospitalization shall be for a period of 90 days from the date of the hearing. (Added 1977, No. 252 (Adj. Sess.), § 26.)
§ 7620. Application for continued treatment (a) If, prior to the expiration of any order issued in accordance with section 7623 of this title, the Commissioner believes that the condition of the patient is such that the patient continues to require treatment, the Commissioner shall apply to the court for a determination that the patient […]
§ 7621. Hearing on application for continued treatment; orders (a) The hearing on the application for continued treatment shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title. (b) If the court finds that the patient is a patient in need of further treatment and […]
§ 7622. Expert testimony (a) A mental health professional testifying at hearings conducted under this part may, if appropriately qualified, give opinion testimony and, notwithstanding 12 V.S.A. § 1612, describe any information which he or she acquired in attending the patient. (b) The facts or data in the particular case, upon which an expert bases […]
§ 7623. Orders; custody All court orders of hospitalization, nonhospitalization, and continued treatment shall be directed to the Commissioner and shall admit the patient to his or her care and custody for the period specified. (Added 1977, No. 252 (Adj. Sess.), § 30.)
§ 7624. Application for involuntary medication (a) The Commissioner may commence an action for the involuntary medication of a person who is refusing to accept psychiatric medication and meets any one of the following six conditions: (1) has been placed in the Commissioner’s care and custody pursuant to section 7619 of this title or subsection […]
§ 7625. Hearing on application for involuntary medication; burden of proof (a) Unless consolidated with an application for involuntary treatment pursuant to subdivision 7624(b)(2) or (b)(4) of this title, a hearing on an application for involuntary medication shall be held within seven days of filing and shall be conducted in accordance with sections 7613, 7614, […]
§ 7626. Advance directive (a) If a person who is the subject of an application filed under section 7624 of this title has executed an advance directive in accordance with the provisions of chapter 231 of this title, the court shall suspend the hearing and enter an order pursuant to subsection (b) of this section, […]
§ 7627. Court findings; orders (a) The court shall issue an order regarding all possible findings pursuant to this section, and for persons subject to an application pursuant to subdivision 7624(a)(3) of this title, the court shall first find that the person is a person in need of treatment as defined by subdivision 7101(17) of […]
§ 7628. Protocol The Department of Mental Health shall develop and adopt by rule a strict protocol to ensure the health, safety, dignity and respect of patients subject to administration of involuntary psychiatric medications in any designated hospital. This protocol shall be followed by all designated hospitals administering involuntary psychiatric medications. (Added 1997, No. 114 […]
