§ 122C-224.3. Hearing for review of admission. - North Carolina Statutes

§122C‑224.3.  Hearing for review of admission.

(a)        Hearings shall beheld at the 24‑hour facility in which the minor is being treated, if itis located within the judge's district court district as defined in G.S. 7A‑133,unless the judge determines that the court calendar will be disrupted by suchscheduling.  In cases where the hearing cannot be held in the 24‑hourfacility, the judge may schedule the hearing in another location, including thejudge's chambers.  The hearing may not be held in a regular courtroom, overobjection of the minor's attorney, if in the discretion of the judge a moresuitable place is available.

(b)        The minor shallhave the right to be present at the hearing unless the judge rules favorably onthe motion of the attorney to waive the minor's appearance.  However, the minorshall retain the right to appear before the judge to provide his own testimonyand to respond to the judge's questions unless the judge makes a separatefinding that the minor does not wish to appear upon motion of the attorney.

(c)        Certified copies ofreports and findings of physicians, psychologists and other responsibleprofessionals as well as previous and current medical records are admissible inevidence, but the minor's right, through his attorney, to confront and cross‑examinewitnesses may not be denied.

(d)        Hearings shall beclosed to the public unless the attorney requests otherwise.

(e)        A copy of alldocuments admitted into evidence and a transcript of the proceedings shall befurnished to the attorney, on request, by the clerk upon the direction of adistrict court judge.  The copies shall be provided at State expense.

(f)         For an admissionto be authorized beyond the hearing, the minor must be (1) mentally ill or asubstance abuser and (2) in need of further treatment at the 24‑hourfacility to which he has been admitted.  Further treatment at the admittingfacility should be undertaken only when lesser measures will be insufficient. It is not necessary that the judge make a finding of dangerousness in order tosupport a concurrence in the admission.

(g)        The court shallmake one of the following dispositions:

(1)        If the court findsby clear, cogent, and convincing evidence that the requirements of subsection(f) have been met, the court shall concur with the voluntary admission and setthe length of the authorized admission of the minor for a period not to exceed90 days; or

(2)        If the courtdetermines that there exist reasonable grounds to believe that the requirementsof subsection (f) have been met but that additional diagnosis and evaluation isneeded before the court can concur in the admission, the court may make a onetime authorization of up to an additional 15 days of stay, during which timefurther diagnosis and evaluation shall be conducted; or

(3)        If the courtdetermines that the conditions for concurrence or continued diagnosis andevaluation have not been met, the judge shall order that the minor be released.

(h)        The decision of theDistrict Court in all hearings and rehearings is final.  Appeal may be had tothe Court of Appeals by the State or by any party on the record as in civilcases.  The minor may be retained and treated in accordance with this Part,pending the outcome of the appeal, unless otherwise ordered by the DistrictCourt or the Court of Appeals. (1987, c. 370; 1987 (Reg.Sess., 1988), c. 1037, s. 113.)