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§43A-5-419.
§43A-5-419.
Immediately upon the issuance of an ex parte modification order
pursuant to Section 5-405 of this title, the court shall give notice
to the person affected thereby to appear within five (5) regular court
days, or as many other days as the court may grant, and show cause why
said modification shall not be made. The notice shall contain the
following information:
1. The individual ordered to undergo a program of alternative
treatment to hospitalization is not complying with the previous order,
or that the alternative treatment program has not been sufficient to
prevent harm or injury to the person or others or committed for
inpatient care and treatment is eligible for discharge and that an
evaluation conducted prior to discharge determined that an order for
alternative treatment is necessary in order to prevent impairment or
injury to the person;
2. A statement of the facts upon which the alleged change of condition
is based and a copy of any written findings entered by the court;
3. Notice of the time and place of the show cause hearing;
4. Notice of the types of modifications that the court can make
pursuant to this hearing;
5. The witnesses who shall testify or offer evidence for the
modification which are known to the court;
6. That the individual has the right to an attorney, and that if he
cannot afford an attorney, one will be provided for him; and
7. That the individual has the right to cross-examine witnesses, and
to call witnesses in such person's own defense.
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