Mental Health Proceedings - Deferred Hearing
- An individual has a right to terminate involuntary commitment proceedings by signing formal voluntary admission. The hospital or facility is required to offer formal voluntary admission.
- An individual who is hospitalized pending their hearing shall within 72 hours excluding Sundays and holiday, meet with:
- Legal counsel
- Treatment team member assigned by the hospital director
- Person assigned by the appropriate Community Mental Health board director
- An individual must be informed of all of the following:
- Proposed treatment plan in hospital.
- The nature and possible consequences of commitment procedures.
- The proposed plan of treatment in the community; either an alternative to hospitalization or a combination of hospitalization and alternative treatment with hospitalization not to exceed 60 days. (There may be no such plan if the condition of the patient only indicates hospitalization).
- An individual may defer their hearing for period of 60 days if the individual chooses to remain hospitalized for 90 days, if the individual chooses alternative treatment or a combination of hospitalization and alternative treatment.
- An individual may demand a hearing during their deferral period.
- An individual must agree to accept proposed treatment during deferral period.
- The original petition and clinical certificates will remain valid during the deferral period.
- If an individual refuses proposed treatment at any time during deferral period, a hearing will be held.