Section 632.593

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2026, see footnote   

  632.593.  Hearing procedure — factors to be considered — appeal. — 1.  At the time of filing the petition, the court clerk shall set a date and time for the hearing, which shall take place within two judicial days of the filing of the petition.  An attorney shall be appointed to represent the respondent as required under section 632.450 from the register of attorneys described in section 632.415.  An attorney so appointed shall be entitled to attorney's fees to the same extent as allowed under section 632.415.  The clerk shall promptly notify the respondent, the respondent's attorney, the petitioner, and the petitioner's attorney of the date and time for the hearing.  The court shall not grant continuances except upon a showing of good and sufficient cause.

  2.  The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the respondent.  The respondent shall have the following rights in addition to those specified elsewhere:

  (1)  To be represented by an attorney;

  (2)  To present evidence on his or her own behalf;

  (3)  To cross-examine witnesses who testify against him or her;

  (4)  To remain silent;

  (5)  To view and copy all petitions and reports in the court file of his or her case;

  (6)  To have the hearing open or closed to the public as he or she elects;

  (7)  To be proceeded against according to the rules of evidence applicable to civil judicial proceedings; and

  (8)  To have the hearing before a jury if requested by the respondent or his or her attorney.

  3.  The respondent shall be present at the hearing unless the respondent's physical condition is such that he or she cannot be present in the courtroom or if the court determines that the respondent's conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue.

  4.  The burden of proof at the hearing shall be by clear and convincing evidence and shall be upon the petitioner.

  5.  If the matter is tried before a jury, the jury shall determine and shall be instructed only upon the issue of whether the respondent meets the criteria for assisted outpatient treatment in section 632.590.  The remaining procedures for the jury trial shall be as in other civil matters.

  6.  The respondent shall not be required to file an answer or other responsive pleading.

  7.  At the conclusion of the hearing, if the court or jury finds, based upon clear and convincing evidence, that the respondent meets the criteria for assisted outpatient treatment in section 632.590, and the court finds that a mental health program appropriate to handle the respondent's condition has agreed to accept the respondent, the court shall issue an order requiring the respondent to participate in assisted outpatient treatment with the mental health program for a period not to exceed two years.

  8.  At the conclusion of the hearing, if the court or jury does not find by clear and convincing evidence that the respondent meets the criteria for assisted outpatient treatment in section 632.590, the court shall dismiss the petition.

  9.  An order requiring the respondent to participate in assisted outpatient treatment based on satisfaction of the provisions of subparagraph a.  of paragraph (b) of subdivision (2) of section 632.590 shall not be issued unless the court has considered, or the jury has been instructed to consider, at least the following factors:

  (1)  The respondent's ability to access finances in order to obtain food or medicine;

  (2)  The respondent's ability to obtain treatment for the respondent's medical condition;

  (3)  The respondent's ability to access necessary resources in the community without assistance;

  (4)  The degree to which there are risks to the respondent's safety;

  (5)  The likelihood that the respondent will decompensate without immediate care or treatment;

  (6)  The respondent's previous attempts to inflict physical injury on self or others;

  (7)  The respondent's history of behavioral health treatment in the community;

  (8)  The respondent's patterns of decompensation in the past;

  (9)  The respondent's risk of being victimized or harmed by others; and

  (10)  The respondent's access to the means to inflict harm on self or others.

  10.  Nothing in this section shall prevent the court or jury from considering any other factor not described in this section.

  11.  If requested by the respondent, the court shall appoint an available licensed physician or licensed psychologist to examine the respondent and testify at the respondent's request.  If the respondent or the respondent's attorney so requests, the court shall not appoint a licensed physician or licensed psychologist who is an employee of any entity in which the respondent is hospitalized or receiving services or who is an employee of any entity that filed the petition.  The appointment procedures in section 632.420 shall apply to any appointment under this subsection.

  12.  The physician-patient privilege recognized by section 491.060 and the psychologist-patient privilege recognized by section 337.055 shall be deemed waived in proceedings under sections 632.580 to 632.610.  The fact that such privileges have been waived in accordance with this section shall not by itself waive the privileges in any other proceeding, civil or criminal.  The waiver of the privileges shall extend only to that evidence that is directly material and relevant to the proceedings under sections 632.580 to 632.610.

  13.  Appeals from court orders under this section may be made as described in section 632.430.

  14.  Assisted outpatient treatment shall not be deemed outpatient detention for purposes of this chapter, and no provision of this chapter relating to the requirements for inpatient or outpatient detention proceedings shall apply to assisted outpatient treatment under sections 632.580 to 632.610 unless such provision has been specifically incorporated into sections 632.580 to 632.610 by reference or otherwise.

  15.  The provisions of section 632.440 shall apply to assisted outpatient treatment under sections 632.580 to 632.610.

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(L. 2026 H.B. 2637 & 3155)

Severability clause, see § 1.1005