62A-15-631 - Involuntary commitment under court order -- Examination -- Hearing -- Power of court -- Findings required -- Costs. - Utah Statutes

62A-15-631. Involuntary commitment under court order -- Examination -- Hearing-- Power of court -- Findings required -- Costs.
(1) Proceedings for involuntary commitment of an individual who is 18 years of age orolder may be commenced by filing a written application with the district court of the county inwhich the proposed patient resides or is found, by a responsible person who has reason to knowof the condition or circumstances of the proposed patient which lead to the belief that theindividual is mentally ill and should be involuntarily committed. That application shall beaccompanied by:
(a) a certificate of a licensed physician or a designated examiner stating that within aseven-day period immediately preceding the certification the physician or designated examinerhas examined the individual, and that he is of the opinion that the individual is mentally ill andshould be involuntarily committed; or
(b) a written statement by the applicant that the individual has been requested to but hasrefused to submit to an examination of mental condition by a licensed physician or designatedexaminer. That application shall be sworn to under oath and shall state the facts upon which theapplication is based.
(2) Prior to issuing a judicial order, the court may require the applicant to consult withthe appropriate local mental health authority, or may direct a mental health professional from thatlocal mental health authority to interview the applicant and the proposed patient to determine theexisting facts and report them to the court.
(3) If the court finds from the application, from any other statements under oath, or fromany reports from a mental health professional that there is a reasonable basis to believe that theproposed patient has a mental illness which poses a substantial danger, as defined in Section62A-15-602, to himself, others, or property requiring involuntary commitment pendingexamination and hearing; or, if the proposed patient has refused to submit to an interview with amental health professional as directed by the court or to go to a treatment facility voluntarily, thecourt may issue an order, directed to a mental health officer or peace officer, to immediatelyplace the proposed patient in the custody of a local mental health authority or in a temporaryemergency facility as provided in Section 62A-15-634 to be detained for the purpose ofexamination. Within 24 hours of the issuance of the order for examination, a local mental healthauthority or its designee shall report to the court, orally or in writing, whether the patient is, inthe opinion of the examiners, mentally ill, whether the patient has agreed to become a voluntarypatient under Section 62A-15-625, and whether treatment programs are available and acceptablewithout court proceedings. Based on that information, the court may, without taking any furtheraction, terminate the proceedings and dismiss the application. In any event, if the examinerreports orally, he shall immediately send the report in writing to the clerk of the court.
(4) Notice of commencement of proceedings for involuntary commitment, setting forththe allegations of the application and any reported facts, together with a copy of any official orderof detention, shall be provided by the court to a proposed patient prior to, or upon, placement inthe custody of a local mental health authority or, with respect to any individual presently in thecustody of a local mental health authority whose status is being changed from voluntary toinvoluntary, upon the filing of an application for that purpose with the court. A copy of thatorder of detention shall be maintained at the place of detention.
(5) Notice of commencement of those proceedings shall be provided by the court as soonas practicable to the applicant, any legal guardian, any immediate adult family members, legal

counsel for the parties involved, and any other persons whom the proposed patient or the courtshall designate. That notice shall advise those persons that a hearing may be held within the timeprovided by law. If the patient has refused to permit release of information necessary forprovisions of notice under this subsection, the extent of notice shall be determined by the court.
(6) Proceedings for commitment of an individual under the age of 18 years to thedivision may be commenced by filing a written application with the juvenile court in accordancewith the provisions of Part 7.
(7) The district court may, in its discretion, transfer the case to any other district courtwithin this state, provided that the transfer will not be adverse to the interest of the proposedpatient.
(8) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of theissuance of a judicial order, or after commitment of a proposed patient to a local mental healthauthority under court order for detention or examination, the court shall appoint two designatedexaminers to examine the proposed patient. If requested by the proposed patient's counsel, thecourt shall appoint, as one of the examiners, a reasonably available qualified person designatedby counsel. The examinations, to be conducted separately, shall be held at the home of theproposed patient, a hospital or other medical facility, or at any other suitable place that is notlikely to have a harmful effect on the patient's health.
(b) The examiner shall inform the patient if not represented by an attorney that, ifdesired, the patient does not have to say anything, the nature and reasons for the examination,that it was ordered by the court, that any information volunteered could form part of the basis forhis or her involuntary commitment, and that findings resulting from the examination will bemade available to the court.
(c) A time shall be set for a hearing to be held within 10 calendar days of theappointment of the designated examiners, unless those examiners or a local mental healthauthority or its designee informs the court prior to that hearing date that the patient is notmentally ill, that he has agreed to become a voluntary patient under Section 62A-15-625, or thattreatment programs are available and acceptable without court proceedings, in which event thecourt may, without taking any further action, terminate the proceedings and dismiss theapplication.
(9) (a) Prior to the hearing, an opportunity to be represented by counsel shall be affordedto every proposed patient, and if neither the patient nor others provide counsel, the court shallappoint counsel and allow him sufficient time to consult with the patient prior to the hearing. Inthe case of an indigent patient, the payment of reasonable attorneys' fees for counsel, asdetermined by the court, shall be made by the county in which the patient resides or was found.
(b) The proposed patient, the applicant, and all other persons to whom notice is requiredto be given shall be afforded an opportunity to appear at the hearing, to testify, and to present andcross-examine witnesses. The court may, in its discretion, receive the testimony of any otherperson. The court may allow a waiver of the patient's right to appear only for good cause shown,and that cause shall be made a matter of court record.
(c) The court is authorized to exclude all persons not necessary for the conduct of theproceedings and may, upon motion of counsel, require the testimony of each examiner to begiven out of the presence of any other examiners.
(d) The hearing shall be conducted in as informal a manner as may be consistent withorderly procedure, and in a physical setting that is not likely to have a harmful effect on the

mental health of the proposed patient.
(e) The court shall consider all relevant historical and material information which isoffered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah Rulesof Evidence.
(f) (i) A local mental health authority or its designee, or the physician in charge of thepatient's care shall, at the time of the hearing, provide the court with the following information:
(A) the detention order;
(B) admission notes;
(C) the diagnosis;
(D) any doctors' orders;
(E) progress notes;
(F) nursing notes; and
(G) medication records pertaining to the current commitment.
(ii) That information shall also be supplied to the patient's counsel at the time of thehearing, and at any time prior to the hearing upon request.
(10) The court shall order commitment of an individual who is 18 years of age or older toa local mental health authority if, upon completion of the hearing and consideration of theinformation presented in accordance with Subsection (9)(e), the court finds by clear andconvincing evidence that:
(a) the proposed patient has a mental illness;
(b) because of the proposed patient's mental illness he poses a substantial danger, asdefined in Section 62A-15-602, of physical injury to others or himself, which may include theinability to provide the basic necessities of life such as food, clothing, and shelter, if allowed toremain at liberty;
(c) the patient lacks the ability to engage in a rational decision-making process regardingthe acceptance of mental treatment as demonstrated by evidence of inability to weigh the possiblerisks of accepting or rejecting treatment;
(d) there is no appropriate less-restrictive alternative to a court order of commitment; and
(e) the local mental health authority can provide the individual with treatment that isadequate and appropriate to his conditions and needs. In the absence of the required findings ofthe court after the hearing, the court shall forthwith dismiss the proceedings.
(11) (a) The order of commitment shall designate the period for which the individualshall be treated. When the individual is not under an order of commitment at the time of thehearing, that period may not exceed six months without benefit of a review hearing. Upon such areview hearing, to be commenced prior to the expiration of the previous order, an order forcommitment may be for an indeterminate period, if the court finds by clear and convincingevidence that the required conditions in Subsection (10) will last for an indeterminate period.
(b) The court shall maintain a current list of all patients under its order of commitment. That list shall be reviewed to determine those patients who have been under an order ofcommitment for the designated period. At least two weeks prior to the expiration of thedesignated period of any order of commitment still in effect, the court that entered the originalorder shall inform the appropriate local mental health authority or its designee. The local mentalhealth authority or its designee shall immediately reexamine the reasons upon which the order ofcommitment was based. If the local mental health authority or its designee determines that theconditions justifying that commitment no longer exist, it shall discharge the patient from

involuntary commitment and immediately report that to the court. Otherwise, the court shallimmediately appoint two designated examiners and proceed under Subsections (8) through (10).
(c) The local mental health authority or its designee responsible for the care of a patientunder an order of commitment for an indeterminate period, shall at six-month intervalsreexamine the reasons upon which the order of indeterminate commitment was based. If thelocal mental health authority or its designee determines that the conditions justifying thatcommitment no longer exist, that local mental health authority or its designee shall discharge thepatient from its custody and immediately report the discharge to the court. If the local mentalhealth authority or its designee determines that the conditions justifying that commitmentcontinue to exist, the local mental health authority or its designee shall send a written report ofthose findings to the court. The patient and his counsel of record shall be notified in writing thatthe involuntary commitment will be continued, the reasons for that decision, and that the patienthas the right to a review hearing by making a request to the court. Upon receiving the request,the court shall immediately appoint two designated examiners and proceed under Subsections (8)through (10).
(12) In the event that the designated examiners are unable, because a proposed patientrefuses to submit to an examination, to complete that examination on the first attempt, the courtshall fix a reasonable compensation to be paid to those designated examiners for their services.
(13) Any person committed as a result of an original hearing or a person's legallydesignated representative who is aggrieved by the findings, conclusions, and order of the courtentered in the original hearing has the right to a new hearing upon a petition filed with the courtwithin 30 days of the entry of the court order. The petition must allege error or mistake in thefindings, in which case the court shall appoint three impartial designated examiners previouslyunrelated to the case to conduct an additional examination of the patient. The new hearing shall,in all other respects, be conducted in the manner otherwise permitted.
(14) Costs of all proceedings under this section shall be paid by the county in which theproposed patient resides or is found.

Amended by Chapter 303, 2003 General Session