53-21-119. Waiver of rights -- right to counsel and right to treatment not waivable.

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53-21-119 . Waiver of rights -- right to counsel and right to treatment not waivable.

(1)A respondent's right to counsel and the right to treatment provided for in this part may not be waived.

(2)A respondent's procedural right to be physically present at any hearing as provided in 53-21-115

(2)and 53-21-116 may be waived by the court:

(a)at the request of the respondent, on a finding supported by facts that the respondent voluntarily expresses a desire to waive the respondent's presence at the hearing;

(b)at the request of the respondent's counsel, with the concurrence of the professional person and the friend of the respondent, if any, on a finding supported by facts that the presence of the respondent at the hearing is likely to seriously adversely affect the respondent's mental health condition; or

(c)at the request of the county attorney, with the concurrence of the professional person and the friend of the respondent, if any, on a finding supported by facts that the presence of the respondent at the hearing is likely to seriously adversely affect the respondent's mental health condition.

(3)The respondent's rights may otherwise be waived:

(a)by the respondent, if the court finds the respondent is capable of making an intentional or knowing decision; or

(b)by the respondent's counsel and the friend of the respondent, if any, acting together, if a record is based on the reasons for the waiver.

(a)In the case of a minor, provided that a record is made of the reasons for the waiver, the minor's rights may be waived by the mutual consent of the minor's counsel and parents or guardian or guardian ad litem if there are no parents or guardian.

(b)If there is an apparent conflict of interest between a minor and the minor's parents or guardian, the court shall appoint a guardian ad litem for the minor.