[§334-144] Hearing and court order.

215 words·~1 min read·/hi/chapter-334/334-144

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the petitioner's expense.

(b)The court may grant the petition if it finds clear and convincing evidence that:

(1)The respondent has a history of substance abuse and refuses to enter treatment voluntarily;

(2)The respondent has a family support system that will encourage and participate in the respondent's treatment program;

(3)The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received;

(4)The respondent or the petitioner has financial resources to pay for the outpatient treatment program;

(5)The respondent poses an imminent danger to self or to others if treatment is not received; and

(6)The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment.

(c)The court order shall be limited to ninety days of outpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days. [L 2004, c 44, pt of §20]