25-03.1-31. Procedure to extend continuing treatment orders - Respondent's right to
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/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
petition for discharge.
1. If the director or superintendent believes that a respondent continues to be a person
requiring treatment, the director or superintendent, not less than thirty days before
expiration of the order, shall petition the court where the facility is located for another
continuing treatment order in the manner prescribed by section 25-03.1-23. The
petition must also contain a notice to the respondent that, unless the respondent
waives a hearing on the petition within fifteen days after service of the petition upon
the respondent, a hearing will be held by the court. The court shall appoint counsel for
the respondent upon receipt of the petition, unless retained counsel has appeared on
behalf of the respondent. If retained counsel has appeared, the court shall provide
notice of the petition to the attorney. If the hearing is not waived, it must be held within
thirty days after the petition was filed, unless extended for good cause shown. The
burden of proof is the same as in an involuntary treatment hearing.
2. Every individual subject to an order of continuing treatment has the right to petition the
court for discharge once annually. The petition may be presented to the court or a
representative of the facility who shall transmit it to the court forthwith. If the patient is
indigent or is unable for reasons satisfactory to the court to obtain an independent
expert examiner, the court shall appoint an independent expert examiner to examine
the patient and to furnish a report to the court. The court shall set a hearing date which
must be within fourteen days of receipt of the examiner's report. At the hearing, the
burden of proof is the same as in an involuntary treatment hearing.