§ 122C-281. Affidavit and petition before clerk or magistrate; custody order. - North Carolina Statutes

Part 8. Involuntary Commitment ofSubstance Abusers, Facilities for Substance Abusers.

§ 122C‑281.  Affidavitand petition before clerk or magistrate; custody order.

(a)        Any individual whohas knowledge of a substance abuser who is dangerous to himself or others mayappear before a clerk or assistant or deputy clerk of superior court or amagistrate, execute an affidavit to this effect, and petition the clerk ormagistrate for issuance of an order to take the respondent into custody forexamination by a physician or eligible psychologist. The affidavit shallinclude the facts on which the affiant's opinion is based. Jurisdiction underthis subsection is in the clerk or magistrate in the county where therespondent resides or is found.

(b)        If the clerk or magistratefinds reasonable grounds to believe that the facts alleged in the affidavit aretrue and that the respondent is probably a substance abuser and dangerous tohimself or others, he shall issue an order to a law‑enforcement officeror any other person authorized by G.S. 122C‑251 to take the respondentinto custody for examination by a physician or eligible psychologist.

(c)        If the clerk ormagistrate issues a custody order, he shall also make inquiry in any reliableway as to whether the respondent is indigent within the meaning of G.S. 7A‑450.A magistrate shall report the result of this inquiry to the clerk.

(d)        If the affiant is aphysician or eligible psychologist, he may execute the affidavit before anyofficial authorized to administer oaths. He is not required to appear beforethe clerk or magistrate for this purpose. His examination shall comply with therequirements of the initial examination as provided in G.S. 122C‑283(c).If the physician or eligible psychologist recommends commitment and the clerkor magistrate finds probable cause to believe that the respondent meets thecriteria for commitment, he shall issue an order for transportation to orcustody at a 24‑hour facility or release the respondent, pending hearing,as described in G.S. 122C‑283(d)(1). If a physician or eligiblepsychologist executes an affidavit for commitment of a respondent, a secondqualified professional shall perform the examination required by G.S. 122C‑285.

(e)        Upon receipt of thecustody order of the clerk or magistrate, a law‑enforcement officer orother person designated in the order shall take the respondent into custodywithin 24 hours after the order is signed. The custody order is validthroughout the State.

(f)         When a petition isfiled for an individual who is a resident of a single portal area, theprocedures for examination by a physician or eligible psychologist as set forthin G.S. 122C‑283(c) shall be carried out in accordance with the areaplan. When an individual from a single portal area is presented for commitmentat a facility directly, he may be accepted for admission in accordance withG.S. 122C‑285. The facility shall notify the area authority within 24hours of admission and further planning of treatment for the individual is thejoint responsibility of the area authority and the facility as prescribed inthe area plan. (1973,c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s. 3; 1979, c. 164, s. 2; c. 915,ss. 3, 18; 1983, c. 383, s. 5; c. 638, ss. 3‑5; c. 864, s. 4; 1985, c.589, s. 2; c. 695, ss. 2, 4; 2004‑23, s. 1(b).)