36-533. Petition for treatment A. The petition for court-ordered treatment shall allege: 1. That the patient is in need of a period of treatment because the patient, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability. 2. The treatment […]
36-534. Change to voluntary status; discharge; notice; hearing A. If, after a petition for court-ordered treatment has been filed and prior to the hearing, the medical director of the evaluation agency finds that it is more appropriate to discharge the patient or to admit the proposed patient on a voluntary basis, the medical director, after […]
36-535. Detention of proposed patient; time of hearing; released patient; intervention by department A. If, on the filing of a petition for court-ordered treatment, the patient is not then detained in an agency, the court shall order the detention of the patient in the agency that conducted the evaluation if the court determines that the […]
36-536. Service of petition affidavit and notice of hearing; counsel for proposed patient; notice; personal service A. At least seventy-two hours before the court conducts the hearing on the petition for court-ordered treatment, a copy of the petition, affidavits in support of the petition and the notice of the hearing shall be served on the […]
36-537. Powers and duties of counsel A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient’s attorney copies of the petition for evaluation, the prepetition screening report, the evaluation report, the patient’s medical records for the current admission and a list […]
36-538. Independent evaluator At all hearings conducted pursuant to sections 36-539, 36-543 and 36-546, a person has the right to have an analysis of the person’s mental condition by an independent evaluator. If the person is unable to afford an evaluation, the court shall appoint an independent evaluator acceptable to the patient from a list […]
36-539. Conduct of hearing; record; transcript A. The medical director of the evaluation agency shall issue instructions to the physicians or the psychiatric and mental health nurse practitioner of the evaluation agency who is treating the proposed patient to take all reasonable precautions to ensure that at the time of the hearing the proposed patient […]
36-540. Court options; immunity; rules A. If the court finds by clear and convincing evidence that the proposed patient, as a result of mental disorder, is a danger to self, is a danger to others or has a persistent or acute disability or a grave disability and is in need of treatment, and is either […]
36-540.01. Conditional outpatient treatment A. The medical director may issue an order for conditional outpatient treatment for a patient ordered to undergo treatment pursuant to section 36-540 if, after consultation with staff familiar with the patient’s case history, the medical director determines with a reasonable degree of medical probability that all of the following apply: […]
36-540.02. Transfer of a person with a grave disability without a guardian from a mental health treatment agency to another health care facility A. A person who does not have a guardian under section 14-5312.01 and who has been found by the court to have a grave disability and ordered to undergo treatment pursuant to […]
36-541. Mandatory local treatment; placement at state hospital A. A patient who is ordered by a court to undergo treatment and who is not hospitalized in the state hospital at the time of the order shall undergo treatment for at least twenty-five days in a local mental health treatment agency that is geographically convenient for […]
36-541.01. Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing; immunity A. A patient who is found to have a grave disability or a persistent or acute disability and who is ordered to undergo treatment pursuant to this article may be released from inpatient […]
36-542. Discharge of patient at expiration of period ordered by court; change to voluntary status; immunity A. A patient ordered by a court to undergo treatment pursuant to this article shall be discharged from treatment at the expiration of the period of treatment ordered unless one of the following occurs: 1. The person accepts voluntary […]
36-543. Annual review of a patient with a grave disability or a persistent or acute disability; notice; court order for continued treatment; rules; immunity A. Within ninety days before the expiration of a court order for treatment, the medical director of the mental health treatment agency shall conduct an annual review of a patient who […]
36-544. Unauthorized absences; violation; classification; tolling period; hearing; civil liability; definition A. When any patient who is being evaluated or treated is absent without proper authorization from an evaluation agency or a mental health treatment agency, or when an order for outpatient treatment is rescinded, any peace officer shall, upon oral or written request of […]
