§334-123  Initiation of proceeding for assisted community treatment.  (a)  Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment.  The petition shall state:

     (1)  Each of the criteria numbered (1) through (7) for assisted community treatment, as set out in section 334-121;

     (2)  Petitioner's good faith belief that the subject of the petition meets each of the criteria numbered (1) through (7) set forth in section 334-121;

     (3)  Facts which support petitioner's good faith belief that the subject of the petition meets each of the criteria numbered (1) through (7) set forth in section 334-121; and

     (4)  That the subject of the petition is present within the county where the petition is filed.

     The hearing on the petition need not be limited to the facts stated in the petition.  The petition shall be executed subject to the penalties of perjury.

     (b)  The petition may be accompanied by a certificate of a licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization who has examined the subject of the petition within twenty calendar days prior to the filing of the petition.  For purposes of the petition, an examination shall be considered valid so long as the licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization has obtained enough information from the subject of the petition to reach a diagnosis of the subject of the petition, and to express a professional opinion concerning the same, even if the subject of the petition is not fully cooperative. [L 1984, c 251, pt of §1; am L 1986, c 339, §44; am L 2013, c 221, §§9, 24; am L 2015, c 231, §1; am L 2016, c 114, §6; am L 2017, c 88, §4]

 

Note

 

  Annual report to legislature regarding assisted community treatment, beginning with the 2015 legislature.  L 2013, c 221, §§21, 24; L 2015, c 231, §7; L 2016, c 114, §6.