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§43A-5-410.
§43A-5-410.
A. The following persons may petition the district court, upon which
is hereby conferred jurisdiction, to determine whether a person is a
mentally ill person and a person requiring treatment and to order the
least restrictive appropriate treatment for such person:
1. The father, mother, husband, wife, brother, sister, guardian or
child, over the age of eighteen (18) years, of a person alleged to be
a person requiring treatment;
2. A licensed mental health professional;
3. The administrator of a facility designated by the Commissioner as
appropriate for emergency detention or an administrator of a hospital
that is approved by the Joint Commission on Accreditation of
Hospitals;
4. A person in charge of any correctional institution;
5. Any peace officer within the county in which the person alleged to
be a mentally ill person and a person requiring treatment resides or
may be found; or
6. The district attorney in whose district the person resides or may
be found.
B. The petition shall contain a statement of the facts upon which the
allegation is based and, if known, the names and addresses of any
witnesses to the alleged facts.
1. The petition shall be verified and made under penalty of perjury.
2. A request for the prehearing detention of the person alleged to be
a mentally ill person requiring treatment may be attached to the
petition.
3. If the person alleged to be a mentally ill person requiring
treatment is being held in emergency detention, a copy of the
certificate of evaluation shall be attached to the petition.
C. The inpatient mental health treatment of children shall be pursuant
to the provisions of the Inpatient Mental Health Treatment of Children
Act.
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