25-03.1-21. Involuntary treatment order - Alternatives to hospitalization -
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/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Noncompliance with alternative treatment order - Emergency detention by certain professionals - Application for continuing treatment order.
1. Before the court makes a decision in an involuntary treatment hearing, the court shall
review a report assessing the availability and appropriateness for the respondent of
treatment programs other than hospitalization which has been prepared and submitted
by the state hospital or treatment facility. If the court finds a treatment program other
than hospitalization is adequate to meet the respondent's treatment needs and is
sufficient to prevent serious risk of harm, the court shall order the respondent to
receive whatever treatment, other than hospitalization, is appropriate for a period of
ninety days.
2. If the respondent is not complying with the alternative treatment order or the
alternative treatment has not been sufficient to prevent serious risk of harm, the
department, a representative of the treatment program involved in the alternative
treatment order, the petitioner's retained attorney, or the state's attorney may apply to
the court or to the district court of a different judicial district in which the respondent is
located to modify the alternative treatment order. The court shall hold a hearing within
seven days after the application is filed and served on the respondent. Based upon the
evidence presented at the hearing and other available information, the court may:
a. Continue the alternative treatment order;
b. Consider other alternatives to hospitalization, modify the court's original order,
and direct the respondent undergo another program of alternative treatment for
the remainder of the ninety-day period; or
c. Enter a new order directing the respondent be hospitalized until discharged from
the hospital under section 25-03.1-30. If the respondent refuses to comply with
this hospitalization order, the court may direct a peace officer to take the
respondent into protective custody and transport the respondent to a treatment
facility.
3. If a peace officer, physician either in person or directing an emergency medical
services professional, or any mental health professional reasonably believes the
respondent is not complying with an order for alternative treatment, that the alternative
treatment is not sufficient to prevent serious risk of harm, and that considerations of
time and safety do not allow intervention by a court, the designated professional may
cause the respondent to be taken into custody and detained at a treatment facility as
provided in subsection 3 of section 25-03.1-25 and, within twenty-four hours, shall file
a notice with the court stating the circumstances and factors of the case. The state
hospital or public treatment facility immediately shall accept, if appropriately screened
and medically stable, and a private treatment facility may accept, the respondent on a
provisional basis. The superintendent or director shall require an immediate
examination of the respondent and, within twenty-four hours after admission, shall
release the respondent subject to the conditions of the original order or file a notice
with the court stating in detail the circumstances and factors of the case. The court,
within forty-eight hours of receipt of the notice of the superintendent or director, after a
hearing and based on the evidence presented and other available information, shall:
a. Release the respondent from hospitalization and continue the alternative
treatment order;
b. Consider other alternatives to hospitalization, modify the original order of the
court, and direct the respondent undergo another program of alternative
treatment for the remainder of the commitment period; or
c. Enter a new order directing the respondent remain hospitalized until discharged
from the hospital under section 25-03.1-30.
4. If, at the date of expiration of an order of alternative treatment, it is believed an
individual continues to require treatment, a petition for a determination that the
individual continues to be a person requiring treatment may be filed with the court
where the individual is located.