632.350. Conduct of hearing--jury question--result.
Conduct of hearing--jury question--result.
632.350. 1. The hearing for a ninety-day inpatient detention andtreatment period or for outpatient detention and treatment for a period notto exceed one hundred eighty days shall be conducted in as informal amanner as may be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the mental health of therespondent. If a jury trial is not requested, due consideration shall begiven by the court to holding a hearing at the mental health program. Thehearing shall be held in accordance with the provisions set forth insection 632.335.
2. The burden of proof at the hearing shall be by clear andconvincing evidence and shall be upon the petitioner.
3. If the matter is tried before a jury, the jury shall determine andshall be instructed only upon the issues of whether or not the respondentis mentally ill and, as a result, presents a likelihood of serious harm tohimself or others. The remaining procedures for the jury trial shall be asin other civil matters.
4. The respondent shall not be required to file an answer or otherresponsive pleading.
5. At the conclusion of the hearing, if the court or jury finds thatthe respondent, as the result of mental illness, presents a likelihood ofserious harm to himself or to others, and the court finds that a programappropriate to handle the respondent's condition has agreed to accept him,the court shall order the respondent to be detained for involuntarytreatment in the least restrictive environment for a period not to exceedninety days or for outpatient detention and treatment under the supervisionof a mental health program in the least restrictive environment for aperiod not to exceed one hundred eighty days.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)