632.335. Court procedures relating to continued detention or outpatient detention and treatment--continued detention may be ordered--patient's rights relating thereto.
Court procedures relating to continued detention or outpatientdetention and treatment--continued detention may be ordered--patient'srights relating thereto.
632.335. 1. The petition for additional inpatient detention andtreatment not to exceed twenty-one days or the petition for outpatientdetention and treatment not to exceed one hundred eighty days shall befiled with the court having probate jurisdiction. At the time of filingthe petition, the court clerk shall set a date and time for the hearingwhich shall take place within two judicial days of the filing of thepetition. The clerk shall promptly notify the respondent, his attorney,the petitioner and the petitioner's attorney of the date and time for thehearing. The court shall not grant continuances except upon a showing ofgood and sufficient cause. If a continuance is granted, the court, in itsdiscretion, may order the person released pending the hearing uponconditions prescribed by the court. The court may order the continueddetention and treatment of the person at a mental health facility pendingthe continued hearing, and a copy of such order shall be furnished to thefacility.
2. The hearing shall be conducted in as informal a manner as may beconsistent with orderly procedure and in a physical setting not likely tohave a harmful effect on the respondent. Due consideration shall be givenby the court to holding a hearing at the mental health facility. Therespondent shall have the following rights in addition to those specifiedelsewhere:
(1) To be represented by an attorney;
(2) To present evidence on his own behalf;
(3) To cross-examine witnesses who testify against him;
(4) To remain silent;
(5) To view and copy all petitions and reports in the court file ofhis case;
(6) To have the hearing open or closed to the public as he elects;
(7) To be proceeded against according to the rules of evidenceapplicable to civil judicial proceedings;
(8) A hearing before a jury if requested by the patient or hisattorney.
3. The respondent shall be present at the hearing, unless therespondent's physical condition is such that he cannot be present in thecourtroom or if the court determines that the respondent's conduct in thecourtroom is so disruptive that the proceedings cannot reasonably continue.
4. At the conclusion of the hearing, if the court finds, based uponclear and convincing evidence, that respondent, as the result of mentalillness, presents a likelihood of serious harm to himself or to others, andthat a mental health program appropriate to handle the respondent'scondition has agreed to accept him, the court shall order either that therespondent be detained for inpatient involuntary treatment in the leastrestrictive environment for a period not to exceed twenty-one days or bedetained for outpatient detention and treatment under the supervision of amental health program in the least restrictive environment for a period notto exceed one hundred eighty days.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)