25-03.1-08. Application to state's attorney or retained attorney - Petition for
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/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-08·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
involuntary treatment - Investigation by mental health professional.
1. An individual eighteen years of age or over shall present, in good faith, the information
necessary for the commitment of an individual for involuntary treatment to the state's
attorney of the county in which the respondent is presently located, or which is the
respondent's place of residence, or to an attorney retained by the petitioner to
represent the petitioner throughout the proceedings. The attorney shall assist the
petitioner in completing the petition. The petition must be verified by affidavit of the
petitioner and contain assertions that the respondent is a person requiring the
treatment; the facts, in detail, that are the basis of that assertion; the names, telephone
numbers, and addresses, if known, of any witnesses to those facts; and, if known, the
name, telephone number, and address of the nearest relative or guardian of the
respondent, or, if none, of a friend of the respondent.
2. The petition may be accompanied by any of the following:
a. A written statement supporting the petition from a tier 1 mental health
professional or an addiction counselor who is practicing within the professional
scope of practice and who has personally examined the respondent within
forty-five days of the date of the petition.
b. One or more supporting affidavits otherwise corroborating the petition.
3. In assisting the petitioner in completing the petition, the state's attorney may direct a
tier 1 or tier 2 mental health professional designated by the state-operated behavioral
health clinic to investigate and evaluate the specific facts alleged by the petitioner. The
investigation must be completed as promptly as possible and include observations of
and conversation with the respondent, unless the respondent cannot be found or
refuses to meet with the mental health professional. A written report of the results of
the investigation must be delivered to the state's attorney. Copies of the report must be
made available upon request to the respondent, the respondent's counsel, and any
expert examiner conducting an examination under section 25-03.1-11. The state's
attorney or retained attorney shall file the petition if the information provided by the
petitioner or gathered by investigation provides probable cause to believe the subject
of the petition is a person requiring treatment. A state's attorney who determines there
are insufficient grounds for filing a petition may refer the individual to other community
resources. A state's attorney's decision not to institute proceedings may be reviewed
under section 11-16-06.