25-03.1-27. Notice and statement of rights.
232 words·~1 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. If an individual is detained for emergency evaluation and treatment under this chapter,
the superintendent or director shall cause both the patient and, if possible, a
responsible member of the patient's immediate family, a guardian, or a friend, if any, to
receive:
a. A copy of the petition that asserted the individual is a person requiring treatment.
b. A written statement explaining the individual will be examined by an expert
examiner within twenty-four hours of hospitalization, excluding holidays.
c. A written statement in simple terms explaining the rights of the individual alleged
to be a person who is mentally ill or a person who is both mentally ill and has a
substance use disorder to a preliminary hearing, to be present at the hearing, and
to be represented by legal counsel, if the individual is certified by an expert
examiner or examiners as a person requiring treatment.
d. A written statement in simple terms explaining the rights of the individual to a
treatment hearing, to be present at the hearing, to be represented by legal
counsel, and the right to an independent medical evaluation.
2. If the individual is unable to read or understand the written materials, every reasonable
effort must be made to explain the written material in a language the individual
understands, and a note of the explanation and by whom made must be entered into
the patient record.