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.

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.