[§334-127]  Disposition.  [Section effective until December 31, 2013.  For section effective January 1, 2014, see below.]  (a)  If after hearing all relevant evidence, including the results of an examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for involuntary outpatient treatment, the family court shall dismiss the petition.

     (b)  If after hearing all relevant evidence, including the results of an examination ordered by the family court, the family court finds by clear and convincing evidence that the subject of the petition meets the criteria for involuntary outpatient treatment, the family court shall order the subject to obtain outpatient treatment for a period of not more than 180 days.  The order shall also state the outpatient treatment which the subject is to obtain.

     If the court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication(s) outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication(s) to be included in outpatient treatment in the discretion of the outpatient treatment psychiatrist.

     The court order shall also state who should receive notice of intent to early discharge in the event that the outpatient treatment psychiatrist determines, prior to the end of the court ordered period of treatment, that the subject should be early discharged from outpatient involuntary treatment.

     (c)  The family court shall also designate on the order the outpatient treatment psychiatrist who is to be responsible for the management and supervision of the subject’s outpatient treatment, or shall designate an administrator of a community mental health center to, in turn, designate such an outpatient treatment psychiatrist during the treatment period without court approval, and may designate either a publicly employed psychiatrist, or a private psychiatrist, provided that the private psychiatrist shall agree to the designation.

 

     §334-127  Disposition.  [Section effective January 1, 2014.  Repeal and reenactment on July 1, 2020.  L 2013, c 221, §24.  For section effective until December 31, 2013, see above.]  (a)  If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for assisted community treatment, the family court shall dismiss the petition.

     (b)  If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) [have] been met beyond a reasonable doubt and that the criteria under [section] 334-121(2) to 334-121(7) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of not more than one hundred eighty days.  The written treatment plan submitted pursuant to section 334-126(h) shall be attached to the order and made a part of the order.

     If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the treating psychiatrist.

     The court order shall also state who should receive notice of intent to discharge early in the event that the treating psychiatrist determines, prior to the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment.

     (c)  The family court shall also designate on the order the treating psychiatrist who is to be responsible for the management and supervision of the subject's treatment, or shall assign an administrator of a designated mental health program to, in turn, designate the treating psychiatrist during the treatment period without court approval, and may designate either a publicly employed psychiatrist, or a private psychiatrist, provided that the private psychiatrist shall agree to the designation.  The order for assisted community treatment shall be subject to the Health Care Privacy Harmonization Act, [chapter 323B].

     (d)  Nothing in this section shall preclude the subject's stipulation to the continuance [of] an existing court order. [L 1984, c 251, pt of §1; am L 2013, c 221, §13]