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§43A-5-209.
§43A-5-209.
A. A person may be detained in emergency detention more than
seventy-two (72) hours, excluding weekends and holidays, only if the
facility in which the person being detained is presented with a copy
of an order of the district court authorizing further detention. Such
order may be entered by the court only after a petition has been filed
seeking involuntary commitment or treatment pursuant to the provisions
of Section 5-410 or 9-102 of this title.
B. If a copy of an order for further detention is not delivered to the
facility by the end of the period of emergency detention, the person
alleged to be a mentally ill person, an alcohol-dependent person, or a
drug-dependent person and a person requiring treatment shall be
discharged from the facility in which detained unless said person has
applied for voluntary treatment.
C. The person being held in protective custody or emergency detention
shall be asked to designate any person whom such person wishes
informed regarding the detention. If the person being detained is
incapable of making such designation, the administrator of the
hospital or facility where the person is being held in protective
custody or emergency detention shall notify within twenty-four (24)
hours of taking the person into protective custody, other than the
person initiating the request for protective custody, the attorney,
parent, spouse, guardian, brother, sister, or child who is at least
eighteen (18) years of age of the person. If none of the persons
designated for notification in this subsection can be located, the
administrator of the facility shall notify the sheriff of the county
where the person was taken into protective custody. The sheriff shall
notify one of the persons required to be notified as provided in this
subsection. Failure of the sheriff to find such person shall within a
reasonable time be reported to the administrator of the facility. Such
fact shall be made a part of the records of the facility for the
person being detained.
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