involuntary hospitalization and outpatient services laws - Disability ...

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Table of Contents Introduction: General 4 Introduction: Voluntary Admissions 4 Involuntary Hospitalization and Inpatient Treatment 6 Hospitals Covered by the Law 7 Protective Custody 7 Protective Custody Process 7 Transportation used in Protective Custody 8 When A Law Enforcement Officer May Take A Person into Protective Custody 8 Probable Cause for Protective Custody 8 Awaiting Evaluation 8 How Long May Protective Custody Last? 9 Law Enforcement Officer Responsibility after Evaluation 9 Voluntary Admission 9 Involuntary Admission Application 10 Likelihood of Serious Harm 10 Part 1 of the Blue Paper 10 Part 2 of the Blue Paper 11 Part 3 of the Blue Paper 11 Means of Transportation to the Hospital 12 Hospital Admission 12 24-Hour Post Admission Process 13 Post Admission Notices 13 How Long do Blue Papers Last? 13 Court Commitment Application 14 Court Application Notice Given by Hospital 14 Court Application 14 Notices by the Court 15 Appointments by the Court 15 Reports of Examinations 16 Hearing 17 Transportation to Hearing 17 Rights at Hearing 18 What the Hospital Must Prove at Hearing for Involuntary Hospitalization 18 What the Hospital Must Prove at Hearing for Involuntary Treatment 19 Type of Evidence Required 19 Court Decision on Involuntary Hospitalization 20 Court Order on Involuntary Hospitalization 20 Court Order for Involuntary Outpatient Services 21 Court Decision on Involuntary Treatment 21 2
Order on Involuntary Treatment 22 When is Order Entered 22 Appeal 22 Habeas Corpus 23 Other Post Order Proceedings 23 Recommitment 23 Discharge at End of Commitment 24 Release During Commitment 24 Convalescent Status 24 Return to Hospital from Convalescent Status 25 Involuntary Outpatient Services 26 Definition: Assertive Community Treatment 27 Definition: Likelihood of Serious Harm 27 Definition: Serious and Persistent Mental Illness 28 Definition: Inability to Make an Informed Decision 29 Involuntary Outpatient Treatment Services 29 Application for Admission to the Progressive Treatment Program 30 Admission requirements for the Progressive Treatment Program 30 Application Contents 31 Court Notices 31 Appointment of Independent Examiner 32 Independent Examination 32 Court Hearing 33 Transportation to Hearing 33 Rights at Hearing 34 What the Applicant Must Prove at Hearing 34 Effect of an Advance Directive 35 Court Action and Decision on Application 35 Court Order 36 Duration of Court Order 36 Appeal 36 Non-Compliance with the Order 36 Other Post Order Procedures 37 Chart of Timetables for Involuntary Hospitalization 38 Link to Forms 39 Appendix: Laws 40 Notes 68 3
Page 1: INVOLUNTARY HOSPITALIZATION AND OUT
Page 5 and 6: A person may be admitted on a volun
Page 7 and 8: Where a Person May be Involuntarily
Page 9 and 10: The officer may leave if (s)he has
Page 11 and 12: Part 2 of the Blue Paper __________
Page 13 and 14: Post Admission Notices ____________
Page 15 and 16: A statement signed by the chief adm
Page 17 and 18: 34-B MRSA § 3864(4)(E) Hearing ___
Page 19 and 20: treatment; The person is unable or
Page 21 and 22: Court Decision on Involuntary Treat
Page 23 and 24: Other Post Order Proceedings ______
Page 25 and 26: continued responsibility. 34-B MRSA
Page 27 and 28: Definition: Assertive Community Tre
Page 29 and 30: inability to adequately manage one'
Page 31 and 32: It is unlikely that the person woul
Page 33 and 34: Whether the person poses a likeliho
Page 35 and 36: Effect of an Advance Directive ____
Page 37 and 38: After notice and hearing on the mot
Page 39 and 40: LINK TO FORMS _____________________
Page 41 and 42: 34B MRSA § 3801. Definitions As us
Page 43 and 44: 11. Assertive community treatment.
Page 45 and 46: admission is subject to the availab
Page 47 and 48: person; the name, address and telep
Page 49 and 50: A. The applicant's belief that the
Page 51 and 52: detention facility. 5. Repealed 5-A
Page 53 and 54:
A. Upon receipt by the District Cou
Page 55 and 56:
present and cross-examine witnesses
Page 57 and 58:
(2) That without the recommended tr
Page 59 and 60:
B. The person is currently confined
Page 61 and 62:
patient's convalescent status, the
Page 63 and 64:
is the opinion of the chief adminis
Page 65 and 66:
health of the patient. C. The exami
Page 67 and 68:
11 and applicable state rules and f
Page 69 and 70:
NOTES _____________________________
Page 71:
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