Probate Court

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.