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A10478 Summary:

BILL NOA10478
 
SAME ASNo Same As
 
SPONSORGiglio
 
COSPNSRCrouch
 
MLTSPNSR
 
Add Art 20 20.01 - 20.33, Ment Hyg L
 
Relates to involuntary substance abuse admission procedures.
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A10478 Actions:

BILL NOA10478
 
04/27/2018referred to alcoholism and drug abuse
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A10478 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10478
 
SPONSOR: Giglio
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to involuntary substance abuse admission procedures   PURPOSE: The purpose of this bill is to enable family members to help their loved ones who are suffering from addiction by giving them tools through the court.   SUMMARY OF GENERAL PROVISIONS: Section 1 of this bill amends the mental hygiene law by adding a new article 20: Section 20.01: Provides the criteria for involuntary admissions. Section 20.02: Provides the responsibility of the service provider regarding involuntary admission. Section 20.03: Provides for the referral of involuntary admitted indi- vidual for voluntary treatment. Section 20.04: Provides for the release of individual from protective custody, emergency admission, involuntary assessment, and involuntary treatment. Section 20.05: Provides for parental participation in treatment. Section 20.06: Provides the circumstances for when protective custody measures may be implemented. Section 20.07: Provides the circumstances which justify protective custody, as described in section 20.06 of this article, may consent to be assisted by a law enforcement officer to a hospital. Section 20.08: Provides the circumstances which justify protective custody without consent. Section 20.09: Provides that an individual who is in protective custody must be released by a qualified professional under certain circum- stances. Section 20.10: Provides that law enforcement agents are provided with a list of licensed hospitals. Section 20.11: Provides that a law enforcement agent acting in good faith is immune from liability. Section 20.12: Provides that a person who meets the criteria for invol- untary admission as described in section 20.01 of this article may be admitted to a hospital for emergency assessment and/or stabilization upon receipt by the facility of the physician's certificate and the completion of an application for emergency admission. 20.13: Provides the status of the person who may initiate emergency admission. Section 20.14: Provides the criteria for an evaluator's certificate for emergency admission. Section 20.15: Provides the method in which a person may be transported for emergency assessment. Section 20.16: Provides for dispositional alternatives after emergency admission. Section 20.17: Provides for the method in which involuntary petitions are filed with the court. Section 20.18: Provides for the methods in which a person is assessed to determine if the individual meets the criteria for involuntary admis- sion. Section 20.19: Provides the content of the petition for involuntary assessment and stabilization. Section 20.20: Provides the involuntary assessment and stabilization procedure. Section 20.21: Provides basis for the determination for the court. Section 20.22: Provides for the responsibility of licensed service provider in relation to involuntary assessment and stabilization. Section 20.23: Provides for the extension of time for completion of involuntary assessment and stabilization. Section 20.24: Provides for the disposition of an individual after involuntary assessment. Section 20.25: Provides for involuntary treatment. Section 20.26: Provides criteria for a person who may petition for involuntary treatment. Section 20.27: provides the content of the petition for involuntary treatment. Section 20.28: Duties of the court upon filing of a petition for invol- untary treatment. Section 20.29: Provides for hearings on petition for involuntary treat- ment. Section 20.30: Provides that after a court finds that the conditions for involuntary substance abuse treatment have been proven by clear and convincing evidence, it may order the individual to undergo involuntary treatment by a licensed service provider. Section 20.31: Provides for the circumstance in which an early release from involuntary substance abuse treatment is appropriate by means of permission from the court. Section 20.32: Provides for when the extension of involuntary substance abuse treatment is appropriate. Section 20.33: At the conclusion of the sixty-day period of the court ordered involuntary treatment, the individual is discharged pursuant to a court order for involuntary treatment unless an application for renewal of the involuntary treatment order has been filed with the court pursuant to section 20.32 of this article. Section 2 is the effective date.   JUSTIFICATION: This legislation gives family members a tool to help their loved ones, who are suffering from addiction, get the help that they need with the assistance of the court. Many times family members have nowhere to turn when their loved one's lives are spiraling out of control, sometimes with lethal results because of a life altering addiction. Family members are being forced to have their loved ones arrested in order to get them the help that they need. Many family members are forced to standby watching their family members succumb to their addictions, and anticipate that phone call telling them that their loved ones have overdosed or passed away because of their addiction. This legislation will enable a family member, parent, spouse, or child, to intervene with the assistance of the court, to get their loved one the help that they need to once again assist them in becoming a func- tioning member of our society.   PRIOR LEGISLATIVE HISTORY: A.9619 of 2015-16. A.3666 of 2017   FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A10478 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10478
 
                   IN ASSEMBLY
 
                                     April 27, 2018
                                       ___________
 
        Introduced by M. of A. GIGLIO -- read once and referred to the Committee
          on Alcoholism and Drug Abuse
 
        AN  ACT  to  amend  the  mental  hygiene law, in relation to involuntary
          substance abuse admission procedures
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The mental hygiene law is amended by adding a new article
     2  20 to read as follows:
     3                                 ARTICLE 20
     4              INVOLUNTARY SUBSTANCE ABUSE ADMISSION PROCEDURES
     5  Section 20.01 Criteria for involuntary admissions.
     6          20.02 Service provider  responsibilities  regarding  involuntary
     7                  admissions.
     8          20.03 Referral  of  involuntarily admitted individual for volun-
     9                  tary treatment.
    10          20.04 Release of individual from protective  custody,  emergency
    11                  admission,   involuntary   assessment,  and  involuntary
    12                  treatment.
    13          20.05 Parental participation in treatment.
    14          20.06 Protective custody; circumstances justifying.
    15          20.07 Protective custody with consent.
    16          20.08 Protective custody without consent.
    17          20.09 Dispositional alternatives after protective custody.
    18          20.10 Office to maintain lists of licensed facilities.
    19          20.11 Immunity from liability.
    20          20.12 Emergency admission; circumstances justifying.
    21          20.13 Emergency admission; persons who may initiate.
    22          20.14 Evaluator's certificate for emergency admission.
    23          20.15 Transportation-assisted delivery of persons for  emergency
    24                  assessment.
    25          20.16 Dispositional alternatives after emergency admission.
    26          20.17 Involuntary petitions; general provisions; court jurisdic-
    27                  tion and right to counsel.
    28          20.18 Involuntary assessment and stabilization.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05712-01-7

        A. 10478                            2
 
     1          20.19 Involuntary  assessment  and  stabilization;  contents  of
     2                  petition.
     3          20.20 Involuntary assessment and stabilization; procedure.
     4          20.21 Court determination.
     5          20.22 Involuntary  assessment  and stabilization; responsibility
     6                  of licensed service provider.
     7          20.23 Extension of time for completion of involuntary assessment
     8                  and stabilization.
     9          20.24 Disposition of individual after involuntary assessment.
    10          20.25 Involuntary treatment.
    11          20.26 Involuntary treatment; persons who may petition.
    12          20.27 Contents of petition for involuntary treatment.
    13          20.28 Duties of court upon filing of  petition  for  involuntary
    14                  treatment.
    15          20.29 Hearing on petition for involuntary treatment.
    16          20.30 Court determination; effect of court order for involuntary
    17                  substance abuse treatment.
    18          20.31 Early  release  from involuntary substance abuse treatment
    19                  with permission of the court.
    20          20.32 Extension of involuntary substance abuse treatment period.
    21          20.33 Disposition of individual upon completion  of  involuntary
    22                  substance abuse treatment.
    23  § 20.01 Criteria for involuntary admissions.
    24    Criteria for involuntary admissions includes protective custody, emer-
    25  gency  admission and other involuntary assessment and involuntary treat-
    26  ment, for purposes of assessment and stabilization. A person  meets  the
    27  criteria  for  involuntary  admission if there is a good faith reason to
    28  believe such person is substance abuse impaired  and,  because  of  such
    29  impairment:
    30    (a)  has  been  determined  of  being  incapable of self-management or
    31  management of personal affairs by reason of the habitual  and  excessive
    32  use of alcohol, drugs, or other mind-altering substances; and
    33    (b)  (1)  has inflicted, threatened, attempted to inflict, or admitted
    34  is likely to inflict, physical harm on himself, herself or another; or
    35    (2) has committed a crime or crimes or what would be considered crimi-
    36  nal if committed to support addiction; or
    37    (3) is in need of substance abuse services and, by reason of substance
    38  abuse impairment his or her judgment  has  been  so  impaired  that  the
    39  person  is  incapable  of appreciating his or her need for such services
    40  and of making a rational  decision  in  regard  thereto;  however,  mere
    41  refusal to receive such services does not constitute evidence of lack of
    42  judgment with respect to his or her need for such services.
    43  § 20.02 Service  provider  responsibilities regarding involuntary admis-
    44            sions.
    45    It is the responsibility of the service provider to:
    46    (a) determine whether the cost of services  is  within  the  financial
    47  means  of the person involuntarily admitted pursuant to section 20.01 of
    48  this article or those who are financially responsible for such  person's
    49  care.  If  the  financial means are not available the facility where the
    50  person is held must acquire  coverage  through  insurance,  Medicaid  or
    51  other state means; and
    52    (b)  take  all  necessary  measures  to ensure that each individual in
    53  treatment is provided  with  a  safe  environment.  If  an  individual's
    54  medical  condition  or  behavioral  problem  becomes such that he or she
    55  cannot be safely managed by the service component such service component

        A. 10478                            3
 
     1  must petition the court for reassignment to a  proper  facility  who  is
     2  able to safely manage such individual.
     3  § 20.03 Referral  of  involuntarily  admitted  individual  for voluntary
     4            treatment.
     5    Upon giving his or her written informed consent and with  the  permis-
     6  sion of the court, an involuntarily admitted individual, as described in
     7  section 20.01 of this article, may be referred to a service provider for
     8  voluntary  admission  when the court determines that the individual does
     9  not meet the involuntary criteria, described in such  section,  after  a
    10  hearing is conducted.
    11  § 20.04 Release  of individual from protective custody, emergency admis-
    12            sion, involuntary assessment, and involuntary treatment.
    13    An individual involuntarily admitted to a  licensed  service  provider
    14  may be released with permission of the court. Notice of the release must
    15  be provided to the applicant in the case of an emergency admission or an
    16  alternative involuntary assessment for a minor, or to the petitioner and
    17  the  court if the involuntary assessment or treatment was court ordered.
    18  A monthly report must be provided  to  the  court  on  the  individual's
    19  recovery process. In the case of a minor, the release must be:
    20    (a)  to the individual's parent, legal guardian, or legal custodian or
    21  the authorized designee thereof; or
    22    (b) to a person authorized to take custody of the individual  pursuant
    23  to section four hundred seventeen of the social services law.
    24  § 20.05 Parental participation in treatment.
    25    A  parent,  legal  guardian,  or legal custodian who seeks involuntary
    26  admission of a minor pursuant to this article is required to be  advised
    27  on all aspects of treatment as determined appropriate by the director of
    28  the licensed service provider.
    29  § 20.06 Protective custody; circumstances justifying.
    30    A law enforcement officer may implement protective custody measures as
    31  specified  in  this section when a minor or an adult who appears to meet
    32  the involuntary admission criteria in section 20.01 of this article is:
    33    (a) brought to the attention of law enforcement in a public or private
    34  place; or
    35    (b) If a person is to be brought to the hospital for a medical  evalu-
    36  ation,  law  enforcement  must attempt to notify the nearest relative or
    37  guardian and advise them on their  ability  to  petition  the  court  to
    38  involuntarily  commit  the  individual  to rehab.   For purposes of this
    39  section, a person's "nearest relative" shall be  identified  as  follows
    40  and  are  ranked  in  priority  from  highest  to lowest: (1) a guardian
    41  authorized by the court; (2) a spouse, if not legally separated from the
    42  person, or domestic partner; (3) a child of the person who is  at  least
    43  eighteen  years  of age; (4) a parent of the person; or (5) a sibling of
    44  the person who is at least eighteen years of age. If  such  relative  is
    45  not  reasonably  available,  willing or competent to act, the person may
    46  designate an alternative nearest relative.
    47  § 20.07 Protective custody with consent.
    48    A  person  in  circumstances  which  justify  protective  custody,  as
    49  described  in  section 20.06 of this article, may consent to be assisted
    50  by a law enforcement officer to a hospital.
    51  § 20.08 Protective custody without consent.
    52    (a) If a person in circumstances which justify protective  custody  as
    53  described  in  section 20.06 of this article fails or refuses to consent
    54  to assistance and a law enforcement officer has determined that a hospi-
    55  tal is the most appropriate place for such person, the officer may  take
    56  the person to a hospital without the person's consent.

        A. 10478                            4
 
     1    (b)  If a person is to be brought to the hospital for a medical evalu-
     2  ation, law enforcement must attempt to notify the  nearest  relative  or
     3  guardian  and  advise  them  on  their  ability to petition the court to
     4  involuntarily commit the individual to rehabilitation services.
     5  § 20.09 Dispositional alternatives after protective custody.
     6    (a)  An  individual who is in protective custody must be released by a
     7  qualified professional when: (1) the  individual  no  longer  meets  the
     8  involuntary  admission  criteria set forth in subdivision (a) of section
     9  20.01 of this article; or
    10    (2) a five-day period has lapsed.
    11    (b) An individual may only be retained in protective custody beyond  a
    12  five  day period when a petition for involuntary assessment or treatment
    13  has been initiated. The timely filing of  the  petition  authorizes  the
    14  service  provider  to  retain physical custody of the individual pending
    15  further order of the court.
    16  § 20.10 Office to maintain lists of licensed facilities.
    17    The office shall provide appropriate law enforcement with  a  list  of
    18  licensed hospitals, including the name, address, and phone number of the
    19  hospital.
    20  § 20.11 Immunity from liability.
    21    A  law enforcement officer acting in good faith pursuant to this arti-
    22  cle may be not be held criminally or civilly liable for false  imprison-
    23  ment.
    24  § 20.12 Emergency admission; circumstances justifying.
    25    A person who meets the criteria for involuntary admission as described
    26  in section 20.01 of this article may be admitted to a hospital for emer-
    27  gency  assessment  and/or  stabilization upon receipt by the facility of
    28  the physician's certificate and the completion  of  an  application  for
    29  emergency admission.
    30  § 20.13 Emergency admission; persons who may initiate.
    31    (a)  In  the  case of an adult, the certifying physician, the person's
    32  spouse or guardian, any relative of the person, or any other responsible
    33  adult who has personal knowledge of the person's substance abuse impair-
    34  ment may request an emergency admission for such adult.
    35    (b) In the case of a minor, the minor's  parent,  legal  guardian,  or
    36  legal custodian may request an emergency admission for such minor.
    37  § 20.14 Evaluator's certificate for emergency admission.
    38    A  court  appointed  evaluator  may  be a physician, licensed clinical
    39  social worker, nurse practitioner,  or  licensed  clinical  psychologist
    40  that  is  certified  by the office. (a) The evaluator's certificate must
    41  include the name of the person to be admitted, the relationship  between
    42  the person and the physician, the relationship between the applicant and
    43  the  physician,  any relationship between the physician and the licensed
    44  service provider, and a statement that the person has been examined  and
    45  assessed  within  five  days  of  the application date, and must include
    46  factual allegations with respect to the need  for  emergency  admission,
    47  including:  (1)  The reason for the evaluator's belief that th person is
    48  substance abuse impaired; and
    49    (2) the reason for the evaluator's belief that because of such impair-
    50  ment the person has become incapable of self-management or management of
    51  personal affairs; and either
    52    (3) (i)  the  reason  the  evaluator  believes  that  the  person  has
    53  inflicted or is likely to inflict physical harm on himself or herself or
    54  others unless admitted; or
    55    (ii)  the  reason  the evaluator believes that the person's refusal to
    56  voluntarily receive care is based on  impaired  judgment  by  reason  of

        A. 10478                            5
 
     1  substance  abuse that the person is incapable of appreciating his or her
     2  need for care and of making a rational decision  regarding  his  or  her
     3  need for care; or
     4    (iii)  the  reason  the  evaluator  believes  that the person may have
     5  committed acts that would be considered a crime  or  has  in  fact  been
     6  charged with a crime as a result of their addiction.
     7    (b)  The  evaluator's certificate must recommend the least restrictive
     8  type of service that is appropriate for the person. The certificate must
     9  be signed by the physician.
    10    (c) A signed copy of the evaluator's certificate shall  accompany  the
    11  person,  and  shall  be  made  a  part  of the person's clinical record,
    12  together with a signed copy of  the  application.  The  application  and
    13  physician's  certificate  authorize  the  involuntary  admission  of the
    14  person pursuant to, and subject to the provisions of  this  section  and
    15  sections 20.13, 20.15, 20.16 and 20.17 of this article.
    16    (d)  The  evaluator's  certificate  must  indicate  whether the person
    17  requires transportation assistance for delivery for emergency  admission
    18  and  specify,  pursuant  to  section  20.15 of this article, the type of
    19  transportation assistance necessary.
    20  § 20.15 Transportation-assisted  delivery  of  persons   for   emergency
    21             assessment.
    22    An  applicant  for  a  person's  emergency  admission, or the person's
    23  spouse or guardian, or a law enforcement officer may  deliver  a  person
    24  named in the evaluator's certificate for emergency admission to a hospi-
    25  tal for emergency assessment and/or stabilization.
    26  § 20.16 Dispositional alternatives after emergency admission.
    27    Within  seventy-two  hours after an emergency admission to a hospital,
    28  the individual must be assessed by the attending physician or  evaluator
    29  to  determine the need for further services. Based upon that assessment,
    30  a qualified evaluator of the hospital must either:
    31    (a) release the individual and, where appropriate, refer the  individ-
    32  ual to other needed services; or
    33    (b)  retain  the individual when a petition for involuntary assessment
    34  or treatment has been initiated, the timely filing of  which  authorizes
    35  the  service provider to retain physical custody of the individual pend-
    36  ing further order of the court.
    37  § 20.17 Involuntary petitions; general  provisions;  court  jurisdiction
    38            and right to counsel.
    39    (a)  Petitions  for jurisdiction must be filed in the supreme, county,
    40  or family court in the county where the person is present or  reasonably
    41  believed  to  be  present.  The  alleged substance abuse impaired person
    42  shall be named as the respondent.
    43    (b) A respondent has the right to have assigned counsel at every stage
    44  of a proceeding relating to  a  petition  for  his  or  her  involuntary
    45  assessment  and  a  petition  for  his  or her involuntary treatment for
    46  substance abuse impairment. A respondent  who  desires  counsel  and  is
    47  unable  to afford private counsel has the right to court-appointed coun-
    48  sel. If the respondent is a  minor  not  otherwise  represented  in  the
    49  proceeding,  the  court shall immediately appoint a guardian ad litem to
    50  act on the minor's behalf.
    51  § 20.18 Involuntary assessment and stabilization.
    52    A person determined by the court to appear to meet  the  criteria  for
    53  involuntary  admission under section 20.01 of this article may be admit-
    54  ted for a period of seven days to a hospital or an appropriate treatment
    55  facility designated  by  the  office,  for  involuntary  assessment  and
    56  stabilization  or  to a less restrictive component of a licensed service

        A. 10478                            6
 
     1  provider for assessment only upon entry of a  court  order.  Involuntary
     2  assessment  and  stabilization  may  be initiated by the submission of a
     3  petition to the court.
     4    (a)  If  the  petition  is filed on behalf of an adult, a petition for
     5  involuntary assessment and stabilization may be filed  by  the  respond-
     6  ent's  parent,  spouse  or guardian, any person eighteen years of age or
     7  older that resides with the respondent, any  child  or  sibling  of  the
     8  respondent  who  is  eighteen  years  of  age  or  older, a physician, a
     9  psychologist, a licensed clinical  social  worker,  the  director  of  a
    10  licensed  service  provider or the director's designee, a parole officer
    11  or probation officer assigned to supervise the respondent.
    12    (b) If the petition is filed on behalf of  a  minor,  a  petition  for
    13  involuntary assessment and stabilization may be filed by a parent, legal
    14  guardian, legal custodian, or licensed service provider.
    15  § 20.19 Involuntary assessment and stabilization; contents of petition.
    16    A  petition  for involuntary assessment and stabilization must contain
    17  the name of the respondent; the name of the applicant or applicants; the
    18  relationship between the respondent and the applicant;  and  if  repres-
    19  ented,  the  name of the respondent's attorney, if known, and must state
    20  facts to support the need for involuntary assessment and  stabilization,
    21  including:
    22    (a)  the  reason  for  the  petitioner's belief that the respondent is
    23  substance abuse impaired, including any propensity to  commit  crime  to
    24  sustain his or her addiction; and
    25    (b)  the  reason  for  the  petitioner's  belief  that because of such
    26  impairment the respondent has become  incapable  of  self-management  or
    27  management of personal affairs; and
    28    (c)  (1)  the  reason  the petitioner believes that the respondent has
    29  inflicted or is likely to inflict physical harm on himself,  herself  or
    30  others unless admitted; or
    31    (2)  the  reason the petitioner believes that the respondent's refusal
    32  to voluntarily receive care is based on impaired judgement by reason  of
    33  substance  abuse that the respondent is incapable of appreciating his or
    34  her need for care and of making a rational decision regarding that  need
    35  for care. If the respondent has refused to submit to an assessment, such
    36  refusal must be alleged in the petition.
    37  § 20.20 Involuntary assessment and stabilization; procedure.
    38    Upon receipt and filing of the petition for the involuntary assessment
    39  and  stabilization  of a substance abuse impaired person by the clerk of
    40  the court, the court shall ascertain whether the respondent  is  repres-
    41  ented by an attorney, and if not, whether, on the basis of the petition,
    42  an attorney should be appointed and shall:
    43    (a)  provide  a  copy  of  the  petition  and notice of hearing to the
    44  respondent; the respondent's parent, guardian, or  legal  custodian,  in
    45  the  case of a minor; the respondent's attorney, if known; the petition-
    46  er; the respondent's spouse or guardian, if applicable; and  such  other
    47  persons  as  the  court  may  direct,  and have such petition and notice
    48  personally delivered to the respondent if he or  she  is  a  minor.  The
    49  court shall also issue a summons to the person whose admission is sought
    50  and conduct a hearing with ten days; or
    51    (b)  without the appointment of an attorney and, relying solely on the
    52  contents of the petition, enter an ex parte order authorizing the invol-
    53  untary assessment and stabilization of the  respondent.  The  court  may
    54  order  a  law enforcement officer or other designated agent of the court
    55  to take the respondent into custody and deliver him or her to the  near-
    56  est appropriate licensed service provider.

        A. 10478                            7

     1  § 20.21 Court determination.
     2    At the hearing initiated in accordance with subdivision (a) of section
     3  20.20  of this article, the court shall hear all relevant testimony. The
     4  respondent must be present unless the court has reason to  believe  that
     5  his  or  her  presence is likely to be injurious to him or her, in which
     6  event the court shall appoint  a  guardian  advocate  to  represent  the
     7  respondent.  The  respondent has the right to examination by a court-ap-
     8  pointed qualified professional. After  hearing  all  the  evidence,  the
     9  court shall determine whether there is a reasonable basis to believe the
    10  respondent  meets the involuntary admission criteria of section 20.01 of
    11  this article.
    12    (a) Based on its determination, the court  shall  either  dismiss  the
    13  petition  or  immediately  enter  an  order  authorizing the involuntary
    14  assessment and stabilization of the respondent; or, if in the course  of
    15  the  hearing the court has reason to believe that the respondent, due to
    16  mental illness other than or in addition to substance abuse  impairment,
    17  is  likely  to injure himself or herself or another if allowed to remain
    18  at liberty, the court may initiate  involuntary  proceedings  under  the
    19  provisions of article nine of this chapter.
    20    (b)  If  the  court enters an order authorizing involuntary assessment
    21  and stabilization, the order shall include  the  court's  findings  with
    22  respect to the availability and appropriateness of the least restrictive
    23  alternatives  and  the need for the appointment of an attorney to repre-
    24  sent the respondent, and may designate  the  specific  licensed  service
    25  provider  to perform the involuntary assessment and stabilization of the
    26  respondent. The respondent may choose the licensed service  provider  to
    27  deliver the involuntary assessment where possible and appropriate.
    28    (c)  If the court finds it necessary, it may order the appropriate law
    29  enforcement to take the respondent into custody and deliver him  or  her
    30  to  the  licensed  service  provider specified in the court order or, if
    31  none is specified, to the nearest appropriate licensed service  provider
    32  for involuntary assessment.
    33  § 20.22 Involuntary  assessment  and  stabilization;  responsibility  of
    34            licensed service provider.
    35    A licensed service provider may admit an  individual  for  involuntary
    36  assessment  and stabilization for a period not to exceed seven days. The
    37  individual must be assessed without unnecessary  delay  by  a  qualified
    38  evaluator.
    39  § 20.23 Extension  of  time for completion of involuntary assessment and
    40            stabilization.
    41    If a licensed service provider is unable to complete  the  involuntary
    42  assessment  and,  if  necessary,  stabilization  of an individual within
    43  seven days after the court's order, it may,  within  the  original  time
    44  period,  file a written request for an extension of time to complete its
    45  assessment, and shall, in accordance with confidentiality  requirements,
    46  furnish  a copy to all parties. With or without a hearing, the court may
    47  grant additional time, not to exceed seven days after the  date  of  the
    48  renewal  order,  for  the  completion  of the involuntary assessment and
    49  stabilization of the individual. The original  court  order  authorizing
    50  the involuntary assessment and stabilization, or a request for an exten-
    51  sion of time to complete the assessment and stabilization that is timely
    52  filed  pursuant to this section, constitutes legal authority to involun-
    53  tarily hold the individual for a period not to exceed fourteen  days  in
    54  the absence of a court order to the contrary.
    55  § 20.24 Disposition of individual after involuntary assessment.

        A. 10478                            8
 
     1    (a)  Based  upon the involuntary assessment described in section 20.22
     2  of this  article,  a  qualified  professional  of  the  hospital,  court
     3  appointed  evaluator,  or  licensed service provider, with permission of
     4  the court must:
     5    (1)  release the individual and, where appropriate, refer the individ-
     6  ual to another treatment facility or service provider, or to  outpatient
     7  services;
     8    (2)  if an individual does not meet the standards set forth in section
     9  20.01 of this article, the service provider may  allow  the  individual,
    10  with consent, to remain voluntarily at the licensed provider; or
    11    (3)  retain  the  individual when a petition for involuntary treatment
    12  has been initiated, the timely filing of which  authorizes  the  service
    13  provider  to  retain  physical custody of the individual pending further
    14  order of the court.
    15    (b) Notice of disposition must be provided to the  petitioner  and  to
    16  the court.
    17  § 20.25 Involuntary treatment.
    18    A person may petition for court-ordered involuntary treatment pursuant
    19  to this section if such person meets the criteria for involuntary admis-
    20  sion provided in section 20.01 of this article and:
    21    (a) has been placed under protective custody pursuant to section 20.06
    22  of this article within the previous fourteen days;
    23    (b)  has  been  subject  to an emergency admission pursuant to section
    24  20.12 of this article within the previous fourteen days;
    25    (c) has been assessed by a qualified evaluator within seven days; or
    26    (d) has been  subject  to  involuntary  assessment  and  stabilization
    27  pursuant  to  section 20.20 of this article within the previous fourteen
    28  days.
    29  § 20.26 Involuntary treatment; persons who may petition.
    30    (a) If the respondent is an adult, a petition for  involuntary  treat-
    31  ment  may  be  filed by the respondent's parent, spouse or guardian, any
    32  person eighteen years of age or older that resides with the  respondent,
    33  any  child  or sibling of the respondent who is eighteen years of age or
    34  older or a service provider.
    35    (b) If the respondent is a minor, a petition for involuntary treatment
    36  may be filed by a parent, legal guardian, law  enforcement  officer,  or
    37  service provider.
    38  § 20.27 Contents of petition for involuntary treatment.
    39    A  petition  for  involuntary  treatment shall contain the name of the
    40  respondent to be admitted; the name of the  petitioner  or  petitioners;
    41  the  relationship between the respondent and the petitioner; the name of
    42  the respondent's attorney, if known, and a statement of the petitioner's
    43  knowledge of the respondent's ability to afford an attorney;  the  find-
    44  ings  and  recommendations  of the assessment performed by the qualified
    45  professional; and the factual allegations presented  by  the  petitioner
    46  establishing the need for involuntary treatment, including:
    47    (a)  the  reason  for  the  petitioner's belief that the respondent is
    48  substance abuse impaired; and
    49    (b) the reason for  the  petitioner's  belief  that  because  of  such
    50  impairment  the  respondent  has  become incapable of self-management or
    51  management of personal affairs; and
    52    (c) (1) the reason the petitioner believes  that  the  respondent  has
    53  inflicted or is likely to inflict physical harm on himself or herself or
    54  others unless admitted; or

        A. 10478                            9

     1    (2)  the  reason  the  petitioner  believes  that the respondent has a
     2  propensity to commit crime, or has committed what  would  be  considered
     3  crimes to support his or her addiction; or
     4    (3)  the  reason the petitioner believes that the respondent's refusal
     5  to voluntarily receive care is based on judgment so impaired  by  reason
     6  of  substance abuse that the respondent is incapable of appreciating his
     7  or her need for care and of making a rational  decision  regarding  that
     8  need for care.
     9  § 20.28 Duties  of  court upon filing of petition for involuntary treat-
    10            ment.
    11    Upon the filing of a petition  for  the  involuntary  treatment  of  a
    12  substance  abuse  impaired person with the clerk of the court, the court
    13  shall immediately determine whether the respondent is represented by  an
    14  attorney  or  whether  the  appointment of counsel for the respondent is
    15  appropriate. The court must appoint an evaluator to determine  the  need
    16  for  emergency  admission under section 20.14 of this article. The court
    17  shall schedule a hearing to be held on the petition within ten  days.  A
    18  copy  of  the petition and notice of the hearing must be provided to the
    19  respondent; the respondent's  parent, guardian, or legal  custodian,  in
    20  the  case of a minor; the respondent's attorney, if known; the petition-
    21  er; the respondent's spouse or guardian, if applicable; and  such  other
    22  persons  as  the  court  may  direct,  and  have such petition and order
    23  personally delivered to the respondent if he or  she  is  a  minor.  The
    24  court  shall  also  issue  a  summons  to  the person whose admission is
    25  sought. The court must order law enforcement to take the individual into
    26  custody and bring the individual before the court. If court  is  not  in
    27  session,  law  enforcement  must  bring  the  individual to a designated
    28  treatment center and notify the court immediately of placement.
    29  § 20.29 Hearing on petition for involuntary treatment.
    30    (a) At a hearing on a petition for involuntary  treatment,  the  court
    31  shall  hear  and  review  all relevant evidence, including the review of
    32  results of the assessment completed by  the  qualified  professional  in
    33  connection  with  the  respondent's protective custody, emergency admis-
    34  sion, or involuntary assessment. The respondent must be  present  unless
    35  the  court  finds  that his or her presence is likely to be injurious to
    36  himself or herself or others, in which event the court  must  appoint  a
    37  guardian  advocate  to  act  on  behalf of the respondent throughout the
    38  proceedings.
    39    (b) The petitioner has the burden of proving by clear  and  convincing
    40  evidence:
    41    (1) the respondent is substance abuse impaired, and
    42    (2)  because of such impairment the respondent has become incapable of
    43  self-management or management of personal affairs; and
    44    (i) the respondent has inflicted or is likely to inflict physical harm
    45  on himself or herself or others unless admitted; or
    46    (ii) the respondent has a propensity to commit crime, or has committed
    47  what would be considered crimes, to sustain his or her addiction; or
    48    (iii) the respondent's refusal to voluntarily receive care is based on
    49  judgement so impaired by reason of substance abuse that  the  respondent
    50  is  incapable  of  appreciating his or her need for care and of making a
    51  rational decision regarding that need for care.
    52    (c) At the conclusion of the hearing the court  shall  either  dismiss
    53  the  petition  or  order the respondent to undergo involuntary substance
    54  abuse treatment, with a licensed service provider; as  directed  by  the
    55  court  with  the  assistance  of  the office of alcoholism and substance
    56  abuse's database.

        A. 10478                           10
 
     1  § 20.30 Court determination;  effect  of  court  order  for  involuntary
     2            substance abuse treatment.
     3    (a) When the court finds that the conditions for involuntary substance
     4  abuse  treatment  have  been proved by clear and convincing evidence, it
     5  may order the respondent to undergo involuntary treatment by a  licensed
     6  service  provider.  If  the  court finds it necessary, it may direct the
     7  sheriff to take the respondent into custody and deliver him  or  her  to
     8  the  licensed  service  provider specified in the court order, or to the
     9  nearest appropriate licensed service provider,  for  involuntary  treat-
    10  ment.  When  the  conditions  justifying involuntary treatment no longer
    11  exist, the individual must be released as provided in section  20.31  of
    12  this  article.  When the conditions are justifying involuntary treatment
    13  are expected to exist after sixty days of treatment, a  renewal  of  the
    14  involuntary  treatment  order may be requested pursuant to section 20.32
    15  of this article prior to the end of the sixty-day period.
    16    (b) In all cases resulting in an order for involuntary substance abuse
    17  treatment, the court shall retain jurisdiction over  the  case  and  the
    18  parties  for  the  entry of such further orders as the circumstances may
    19  require. The court's requirements for notification of  proposed  release
    20  must be included in the original treatment order.
    21    (c)  An  involuntary  treatment  order authorizes the licensed service
    22  provider to require the individual to undergo  such  treatment  as  will
    23  benefit  him  or  her,  including  treatment  at any program licensed or
    24  certified by the office.
    25  § 20.31 Early release from involuntary substance  abuse  treatment  with
    26            permission of the court.
    27    (a)  At  any time prior to the end of the sixty-day involuntary treat-
    28  ment period, or prior to the end of any extension  granted  pursuant  to
    29  section  20.32  of  this article, an individual admitted for involuntary
    30  treatment may be determined eligible for discharge to the most appropri-
    31  ate referral or disposition for the individual when;
    32    (1) the individual was  admitted  on  the  grounds  of  likelihood  of
    33  infliction  of  physical  harm  upon  himself or herself or others, such
    34  likelihood no longer exists; or
    35    (2) the individual was admitted on the grounds of need for  assessment
    36  and  stabilization  or  treatment,  accompanied  by  inability to make a
    37  determination respecting such need, such inability no longer exists.
    38    (b) Whenever a qualified professional determines  that  an  individual
    39  admitted for involuntary treatment is ready for early release for any of
    40  the  reasons  listed  in  subdivision  one  of this section, the service
    41  provider shall petition the court for permission for early release.
    42  § 20.32 Extension of involuntary substance abuse treatment period.
    43    (a) Whenever a service provider believes that  an  individual  who  is
    44  nearing the scheduled date of release from involuntary treatment contin-
    45  ues  to  meet the criteria for involuntary treatment in section 20.25 of
    46  this article, a petition for renewal of the involuntary treatment  order
    47  may  be  filed with the court at least ten days before the expiration of
    48  the court-ordered treatment period. The court shall immediately schedule
    49  a hearing to be held not more than fifteen  days  after  filing  of  the
    50  petition.  The  court shall provide the copy of the petition for renewal
    51  and the notice of the hearing to all  parties  to  the  proceeding.  The
    52  hearing is conducted pursuant to section 20.29 of this article.
    53    (b)  If  the court finds that the petition for renewal of the involun-
    54  tary treatment order should be granted, it may order the  respondent  to
    55  undergo  involuntary  treatment for a period not to exceed an additional
    56  sixty days. When the  conditions  justifying  involuntary  treatment  no

        A. 10478                           11
 
     1  longer  exist,  the  individual  must be released as provided in section
     2  20.31 of this article. When the conditions justifying involuntary treat-
     3  ment continue to exist after sixty days of additional treatment,  a  new
     4  petition  requesting  renewal  of the involuntary treatment order may be
     5  filed pursuant to this section.
     6  § 20.33 Disposition  of  individual  upon  completion   of   involuntary
     7            substance abuse treatment.
     8    At the conclusion of the sixty-day period of court-ordered involuntary
     9  treatment,  the  individual  is discharged pursuant to a court order for
    10  involuntary treatment unless an application for renewal of the  involun-
    11  tary  treatment  order has been filed with the court pursuant to section
    12  20.32 of this article.
    13    § 2. This act shall take effect immediately.
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