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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 631

previous next Effective - 28 Aug 1996bottom

  631.140.  Additional detention may be requested — contents of petition. — 1.  At the expiration of the ninety-six-hour period, the respondent may be detained and treated involuntarily for an additional two judicial days only if the head of the alcohol or drug abuse facility or a mental health coordinator has filed a petition for additional detention not to exceed thirty days.

  2.  Within ninety-six hours following initial detention, the head of the facility or the mental health coordinator may file, or cause to be filed, a petition for a thirty-day involuntary detention, treatment, or rehabilitation period provided he has reasonable cause to believe that the person abuses alcohol or drugs and presents a likelihood of serious harm to himself or others as a result of alcohol or drug abuse, or both.  The court shall serve the petition and list of prospective witnesses for the petitioner upon the respondent and his attorney at least twenty-four hours before the hearing.  The head of the facility shall also notify the mental health coordinator if the petition is not filed by the mental health coordinator.  The petition shall:

  (1)  Allege that the respondent, by reason of alcohol or drug abuse, or both, presents a likelihood of serious harm to himself or to others;

  (2)  Allege that the respondent is in need of continued detention, treatment, and rehabilitation;

  (3)  Allege the specific behavior of the respondent or the facts which support such conclusion;

  (4)  Allege that an alcohol or drug abuse facility which is appropriate to handle the respondent's condition has agreed to accept the respondent; and

  (5)  Be signed by a licensed physician who has examined the respondent.

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(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)


---- end of effective   28 Aug 1996 ----

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