[§334-62] Service of process and papers upon patients.

299 words·~1 min read·/hi/chapter-334/334-62

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

(a)Service of process and papers upon a patient in a psychiatric facility or a patient on authorized or unauthorized absence from a psychiatric facility shall be made in the following manner:

(1)Service of process and papers relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient and shall also be made personally or by certified mail upon the patient's guardians and the public defender, the patient's attorney or court-appointed attorney; otherwise, service upon the patient shall be incomplete. A copy of the legal process or paper served on a patient under this paragraph shall be given to the administrator of the psychiatric facility or the administrator's deputy and shall be filed with the records of the patient.

(2)Service of process and papers not relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient, the patient's guardians, and the administrator of the psychiatric facility or the administrator's deputy; otherwise, service upon the patient shall be incomplete and shall not give the issuing court or agency jurisdiction over the person of the patient. A legal process or paper served under this paragraph shall be filed with the records of the patient, and the administrator of the psychiatric facility or the administrator's deputy shall immediately inform the court or other agency out of which the process or paper issued, in writing, of the date of service and of the mental and physical condition of the patient.

(b)Neither the administrator nor anyone connected with a psychiatric facility shall accept service of process or papers on behalf of a patient. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; gen ch 1985]