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43A-5-412.


43A-5-412.
   
   A. Notice of the date, time and place of the hearing on a petition
   alleging a person to be a mentally ill person and a person requiring
   treatment shall be delivered to such person at least one (1) day prior
   to the hearing. Notice shall be personally delivered to the person
   together with a copy of the petition and, if applicable, copies of the
   certificate of evaluation, the affidavit of the peace officer, and any
   order of the court directing prehearing detention or an evaluation of
   the person.
   
   B. The notice shall contain the following information:
   
   1. The definitions provided by Section 1-103 of this title of a
   "mentally ill person" and a "person requiring treatment";
   
   2. If applicable, that the court has ordered the evaluation of the
   person by two licensed mental health professionals, at least one of
   whom is a psychiatrist who is a diplomate of the American Board of
   Psychiatry and Neurology, a licensed clinical psychologist, or a
   licensed Doctor of Medicine or Doctor of Osteopathy who has received
   specific training for and is experienced in performing mental health
   therapeutic, diagnostic, or counseling functions, for the purpose of
   conducting an evaluation of the person alleged to be a mentally ill
   person requiring treatment and executing a certificate of evaluation
   stating their findings, and the time and place of the evaluation;
   
   3. That, upon request, the hearing on the petition may be conducted as
   a jury trial and the jury shall be composed of six persons having the
   qualifications required of jurors in courts of record;
   
   4. That the petitioner and witnesses identified in the petition may
   offer testimony under oath at the hearing on the petition;
   
   5. If applicable, that the court has appointed an attorney for the
   person alleged to be a mentally ill person requiring treatment who
   shall represent the person until final disposition of the case and
   that if the person is indigent, the court shall pay the attorney fees;
   
   6. That, if the person is found at the hearing or at a jury trial to
   be mentally ill and a person requiring treatment under this act, the
   court will take evidence and make findings of fact concerning the
   person's competency to consent or to refuse the treatment that is
   ordered, including, but not limited to, the right of the person to
   refuse psychotropic medications; and
   
   7. That the person alleged to be a mentally ill person requiring
   treatment shall be afforded such other rights as are guaranteed by
   state and federal law.
   
   C. The person delivering the copy of the notice and petition to the
   person alleged to be a mentally ill person requiring treatment shall,
   at the time of delivery, explain the content, purpose and effect of
   the notice and the legal right to judicial review by habeas corpus.
   
   D. 1. A copy of the notice, the petition, and the attachments to the
   petition, if any, shall also be delivered at least one (1) day prior
   to the hearing to:
   
   a. the individual initiating the request for protective custody,
   emergency detention or prehearing detention,
   
   b. the attorney or court-appointed counsel of the person, to the
   district attorney, and to the public defender, if any,
   
   c. the facility, if any, in which the person is detained in emergency
   detention,
   
   d. the Department of Mental Health and Substance Abuse Services, and
   
   e. a parent, spouse, guardian, brother, sister or child who is at
   least eighteen (18) years of age of the person alleged to be a
   mentally ill person requiring treatment and who is not the individual
   initiating the petition or a request for protective custody, emergency
   detention or prehearing detention. Notice shall also be delivered to
   any other person as may be ordered by the court.
   
   2. The notice required by this subsection may be served personally or
   by certified mail. When notice is served personally, the person making
   such service shall make affidavit of the same and file such notice,
   with proof of service, with the district court. This notice may be
   served in any part of the state when so ordered by the court.
   
   E. Notice of orders of a court directing an evaluation or prehearing
   detention of a person alleged to be a mentally ill person and a person
   requiring treatment shall be delivered in substantially the same
   manner as provided by subsection A of this section. Notice of a court
   order directing an evaluation of the person shall be delivered at
   least one (1) day before the evaluation, and as many additional days
   as are requested by the person alleged to be a mentally ill person
   requiring treatment or the attorney of such person as are reasonable
   without prejudice to the person. Any request for additional days shall
   be subject to the discretion of the court, considering the facts and
   circumstances of each particular case.
   

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