§ 7628. Protocol
§ 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 […]
§ 7618. Order; nonhospitalization
§ 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 […]
§ 7615. Hearing on application for involuntary treatment
§ 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
§ 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
§ 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
§ 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 […]
§ 7611. Involuntary treatment
§ 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
§ 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
§ 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
§ 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 […]