P.A. 200, effective June 24, 2014, changes the state's mental
health laws to include substance abuse as a possible cause for involuntary
treatment. A person's family member or a health professional can petition a
court for involuntary treatment. The person would be guaranteed an independent
expert evaluation and legal counsel. A judge could order treatment for up to 72
hours or until a hearing.
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CONTENT
The bill amends Chapter 2A (Substance
Abuse Disorder Services) of the Mental Health Code to allow a court to order
involuntary treatment for an adult who had a substance use disorder, under
particular circumstances. The legislations allows for the following:
--
Establish
procedures and criteria for a person's spouse, family member, or guardian, or a
health professional to petition a court to initiate proceedings for involuntary
treatment.
--
Require
a petition to include a certified statement of a health professional who had
examined the respondent to the petition (the person with the alleged disorder)
or a statement that the respondent refused to undergo an examination.
--
Require
a court to examine a petitioner under oath, and schedule a hearing if it found
probable cause to believe the respondent could reasonably benefit from
treatment.
--
Specify
that a respondent could retain counsel or, if indigent, have court-appointed
counsel at public expense.
--
Allow
a respondent to have an independent expert evaluation of his or her physical
and mental condition conducted for the court hearing.
--
Allow
the court to order involuntary treatment if it found by clear and convincing
evidence that the respondent had a substance use disorder; he or she presented
an imminent danger or threat of danger to self, family, or others, or there was
a substantial likelihood of the threat of danger in the near future; and he or
she could reasonably benefit from treatment.
--
Allow
the court to order involuntary treatment for up to 72 hours or until a hearing.
--
Require
a person's release from involuntary treatment immediately when the
court-ordered period expired.
--
Specify
that a respondent who failed to undergo and complete ordered treatment would be
in contempt of court.
--
Prohibit
a respondent from being held in jail pending transportation to a program or
evaluation unless the court previously found him or her in contempt of court
for failure to undergo treatment or to appear at an ordered examination.
--
Prescribe
a misdemeanor penalty for certain violations related to filing a petition.
--
Require
a community mental health entity designated by the Department of Community
Health to give the court a list of programs that were able and willing to take
respondents ordered held for treatment.
