involuntary hospitalization and outpatient services laws - Disability ...

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INVOLUNTARY HOSPITALIZATION STATUTORY TIMELINES EVENT TIME Release of voluntary patient who asks to leave Admission Certification following admission 38 within 16 hours of request unless blue paper initiated within that time within 2 days of certifying examination within 24 hours of admission Filing of judicial application within 3 days (not working days) of date of admission – unless third day is a weekend or holiday, then next business day Hospital notice to patient of right to retain counsel, select examiner, how to contact court, and copy of application Notice mailed by court to patient with date of hearing prior to filing of application within 2 days of filing of application Examination by independent examiner at least 3 days after hospital notified patient of right to select examiner Hearing within 14 days of application Continuance of initial hearing for cause not to exceed 21days from date of scheduled initial hearing Continuance of hearing for purpose of resubmission and reconsideration of treatment plan not to exceed 10 days after initial hearing Issuance of court order within 24 hours of the hearing Length of commitment not to exceed 4 months, initial commitment not to exceed 12 months, recommitments Application for continued commitment not later than 21 days prior to date of expiration of commitment order Appeal to Superior Court within 30 days
LINK TO FORMS __________________________________________________ The Maine Department of Health and Human Services, Office of Adult Mental Health Services posts forms relating to involuntary hospital commitment on its web site. You will find these forms at the following link: http://www.maine.gov/dhhs/mh/rights-legal/involuntary/forms.html 39
Page 1 and 2: INVOLUNTARY HOSPITALIZATION AND OUT
Page 3 and 4: Order on Involuntary Treatment 22 W
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: After notice and hearing on the mot
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: This manual is available in other f

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