34-B §5477. Emergency procedures - Maine Statutes

Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)

Chapter 5: MENTAL RETARDATION

Subchapter 3: SERVICES FOR MENTALLY RETARDED PERSONS

Article 3: PROCEDURES

§5477. Emergency procedures

1. Protective custody. If a law enforcement officer has reasonable grounds to believe, based upon his personal observation, that a person may be mentally retarded, that he presents a threat of imminent and substantial physical harm to himself or to other persons and that an emergency exists requiring immediate residential placement:

A. The officer may take the person into protective custody; and [1983, c. 459, §7 (NEW).]

B. If the officer does take the person into protective custody, the officer shall deliver the person forthwith, within 18 hours, for examination by an available licensed physician or licensed psychologist as provided in subsection 4. [1983, c. 459, §7 (NEW).]

[ 1983, c. 580, §24 (AMD) .]

2. Certificate not executed. If a certificate relating to the person's likelihood of serious harm is not executed by the examiner under subsection 4, the officer shall:

A. Release the person from protective custody and, with his permission, return him forthwith to his place of residence, if within the territorial jurisdiction of the officer; [1983, c. 459, §7 (NEW).]

B. Release the person from protective custody and, with his permission, return him to the place where he was taken into protective custody; or [1983, c. 459, §7 (NEW).]

C. If the person is also under arrest for violation of law, retain him in custody until he is released in accordance with the law. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

3. Certificate executed. If the certificate is executed by the examiner under subsection 4, the officer shall undertake forthwith, within 18 hours, to obtain the endorsement by a judicial officer under subsection 4 and may detain the person for as long as necessary to obtain the endorsement.

[ 1983, c. 459, §7 (NEW) .]

4. Admission. A person may be admitted to a facility after the facility has received an application and certificate according to the following procedures.

A. Any health officer, law enforcement officer or other person may make a written application to admit a person to a facility, subject to the prohibitions and penalties of section 3805, stating:

(1) His belief that the person is in need of institutional services;

(2) That an emergency exists requiring immediate placement in a facility; and

(3) The grounds for this belief. [1983, c. 459, §7 (NEW).]

B. The written application shall be accompanied by a dated certificate, signed by a licensed physician or a licensed clinical psychologist, stating:

(1) He has examined the person on the date of the certificate, which date may not be more than 3 days before the date of admission to the facility; and

(2) He is of the opinion that the person is a mentally retarded person in need of institutional services. [1983, c. 459, §7 (NEW).]

C. The application and accompanying certificate shall be reviewed by a Justice of the Superior Court, a Judge of the District Court, a Judge of Probate or a justice of the peace.

(1) If the judge or justice finds the application and accompanying certificate to be regular and in accordance with the law, he shall endorse them.

(2) No person may be held against his will in the facility under this subsection unless the application and certificate have been endorsed by a judge or justice, except that a person for whom an examiner has executed the certificate provided for under this subsection may be detained in a facility for as long as is necessary to obtain the endorsement by a judge or justice, if the person or persons transporting the person to the facility undertake to secure the endorsement forthwith upon execution of the certificate by the examiner. [1987, c. 736, §55 (AMD).]

D. Upon endorsement by the judge or justice of the application and certificate, any health officer, police officer or other person designated by the judge or justice may take the person into custody and transport him to the facility designated in the application. [1983, c. 459, §7 (NEW).]

E. The county in which the person is found is responsible for any expenses of transportation for the person under this subsection, including return from the facility if admission is declined. [1983, c. 459, §7 (NEW).]

F. Under this subsection, a facility may admit the client for no longer than 5 days, but if a petition for judicial certification or judicial commitment is filed, the facility may admit the client for an additional period not to exceed 25 days from the date of application. [1983, c. 580, §25 (AMD).]

[ 1987, c. 736, §55 (AMD) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1983, c. 580, §§24,25 (AMD). 1987, c. 736, §55 (AMD).