[§334-132]  Objection to discharge.  [Section effective until December 31, 2013.  For section effective January 1, 2014, see below.]  Any person who has received a notice of intent to early discharge a subject of the order may file an objection with the family court.  Upon receipt of an objection, the family court shall hold a hearing on the discharge.  The hearing shall be conducted as provided under section 334-134.

     If the family court finds by clear and convincing evidence that the subject of the order continues to meet the criteria for involuntary outpatient treatment, the family court shall order the subject to continue the outpatient treatment for the unexpired period of its earlier order.

     If the family court finds that the subject of the order does not meet the criteria for involuntary outpatient treatment, the family court shall dismiss the objection and order the early discharge of the subject.

 

     §334-132  Objection to discharge.  [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 any person specified as entitled to receive notice files a written objection with the family court on the grounds that the subject of the order is a proper subject for assisted community treatment, the family court shall conduct a hearing to determine if the subject of the order still meets the criteria for assisted community treatment in section 334-121.  The hearing shall be conducted as provided under section 334‑134.

     (b)  If the family court finds that the subject of the order continues to meet the criteria for assisted community treatment in section 334-121, the family court shall order the subject to continue the treatment for the unexpired period of its earlier order.

     (c)  If the family court finds that the subject of the order does not meet the criteria for assisted community treatment in section 334-121, the court shall dismiss the objection and order the early discharge of the subject. [L 1984, c 251, pt of §1; am L 2013, c 221, §18]