STATE CHARITABLE INSTITUTIONS
HOSPITALIZATION OF MENTALLY ILL
66-339B.Outpatient commitment hearing. (1) Proceedings for the involuntary care and treatment of a person with a mental illness in an outpatient setting by the department may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative, spouse or guardian of the proposed patient, or by a licensed physician, prosecuting attorney, or other public official of a municipality, county or of the state of Idaho, regional mental health authority (RMHA) treating professional, or the director of any facility in which such patient may be.
(2) The application shall state: (i) the name and last known address of the proposed patient; (ii) the name and address of either the spouse, guardian, next of kin or friend of the proposed patient; (iii) that more restrictive treatment would be necessary or required if the illness progressed as prior history indicated; (iv) if the proposed patient is, at the time of the application, a voluntary patient; (v) a simple and precise statement showing that the proposed patient has previously been diagnosed with a mental illness, that the proposed patient has previously refused to accept treatment outlined in a treatment plan, and is now refusing such treatment; (vi) the observations indicating the current progression of the illness, that the expected progression would more than likely result in a condition where the proposed patient is likely to injure himself or others or suffer substantial mental or emotional deterioration, or likely to become gravely disabled; and (vii) whether or not there is a less restrictive alternative.
(3) Any such petition shall be accompanied by the report of a designated examiner stating that he has personally examined the proposed patient within the last fourteen (14) days and is of the opinion that the proposed patient (i) has a history of mental illness; (ii) that as a result of the progression of this illness the proposed patient without treatment is likely to injure himself or others or suffer substantial mental or emotional deterioration, or become gravely disabled; (iii) that the proposed patient has a treatment plan that can be satisfied by outpatient services; (iv) that the proposed patient has failed to comply on one (1) or more occasions with a prescribed course of treatment; and (v) that the proposed patient now refuses or lacks the capacity to make informed decisions about the necessity for continued treatment, or (vi) a written statement by the applicant that the proposed patient has refused to submit to examination by a designated examiner. The designated examiner shall report his findings as to the mental condition of the proposed patient and the appropriateness of the patient receiving treatment in an outpatient commitment setting or in an inpatient facility to the court within the forty-eight (48) hours. The report shall be in the form of a written certificate which shall be filed with the court.
(a) If the designated examiner’s certificate states a belief that the proposed patient meets the above established criteria for outpatient commitment the judge of such court shall issue an order authorizing any regional mental health authority, health officer, peace officer, or director of a facility to take the proposed patient to an outpatient facility in the community in which the proposed patient is residing or to the nearest place of treatment as designated by the RMHA. In addition, the court shall authorize treatment as described in the treatment plan. The conditions of the treatment plan shall be specified, and a copy of that treatment plan shall be provided to the patient as soon as practicable after the hearing. Under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses.
(b) If the designated examiner’s certificate states a belief that the proposed patient does not meet the above established criteria for outpatient commitment, the court may terminate the proceedings and dismiss the application without taking any further action.
(4) An opportunity to be represented by counsel shall be afforded to every patient proposed for an outpatient commitment, and if neither the proposed patient nor others provide counsel, the court shall appoint counsel in accordance with chapter 8, title 19, Idaho Code, no later than the time the petition is received by the court. Notice of the petition shall be given to the RMHA by the clerk of the court by mailing to an address the RMHA shall provide. In addition to the right to counsel, the proposed patient shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The proposed patient shall be required to be present at the hearing unless the court determines that the mental or physical state of the proposed patient is such that his presence at the hearing would be detrimental to the proposed patient’s health or would unduly disrupt the proceedings.
(5) The hearing shall be held at a facility, at the home of the proposed patient, or at any other suitable place not likely to have a harmful effect on the proposed patient’s physical or mental health. Venue for the hearing shall be in the county of residence of the proposed patient, unless the patient waives the right to have venue fixed there. The court on its own motion may find that venue in the county where the proposed patient is found is proper, if it is in the best interest of the proposed patient. A record of the proceedings shall be made as for other civil hearings. The hearing shall be conducted in as informal a manner as may be consistent with the rules of evidence.
(6) In all proceedings under this section, any existing provision of the law prohibiting the disclosure of confidential communications between the designated examiner and proposed patient shall not apply and any designated examiner who shall have examined the proposed patient shall be a competent witness to testify as to the proposed patient’s condition.
(7) If, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that the proposed patient:
(a) Has a mental illness; and
(b) Has a prescribed course of treatment for this mental illness; and
(c) Has failed to comply with a prescribed course of treatment on one (1) or more occasions outside an inpatient facility; and
(d) Because of a deterioration resulting from the failure to comply with the prescribed course of treatment is likely to suffer substantial mental or emotional deterioration or be likely to injure himself or others, or become gravely disabled due to mental illness;
the court shall order the proposed patient committed to the department only for the purposes of outpatient commitment for an indeterminate period of time not to exceed one (1) year.
The conditions of the treatment plan shall be specified, and a copy of that treatment plan shall be provided to the patient as soon as practicable after the hearing. The RMHA, through its dispositioner, shall determine within twenty-four (24) hours the least restrictive available outpatient facility consistent with the needs of the patient and the treatment plan.
The order of outpatient commitment shall state: (i) whether the proposed patient lacks capacity to make informed decisions about treatment; and (ii) the name and address of the patient’s attorney; and (iii) either the patient’s spouse, guardian, adult next of kin, or friend; and (iv) whether or not the patient may be involuntarily medicated with medication described in the treatment plan.
(8) If at any time during the one (1) year (or any subsequent) outpatient commitment a patient substantially fails or refuses to comply with the treatment plan, as it may be amended from time to time by the treating facility or physician, the physician or place of treatment to whose care the patient was dispositioned shall proceed in accordance with section 66-339C, Idaho Code.
(9) Notwithstanding other provisions of these statutes, and subject to the provisions of federal law, staff of a facility in which patients are being treated may communicate with outpatient clinicians without patient consent in order to develop outpatient treatment plans.
(10) Nothing in this chapter or in any rule adopted pursuant thereto shall be construed to authorize the detention or involuntary outpatient commitment of an individual who:
(a) Is epileptic, mentally deficient, mentally retarded, impaired by chronic alcoholism or drug abuse, or aged, unless in addition to such condition, such person is mentally ill; or
(b) Is a patient under treatment by spiritual means alone, through prayer, in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof and who asserts to any authority attempting to detain him that he is under such treatment and who gives the name of a practitioner so treating him to such authority.
(11) The commitment shall continue for an indeterminate time not to exceed one (1) year. It may be terminated sooner by the RMHA, the treating physician, or the court. It may be renewed upon application under this section by the RMHA, the treating physician, relative, spouse, guardian, or prosecuting attorney, upon the failure of the patient to continue with a treatment plan. It may be terminated sooner by the RMHA, the treating physician, or upon application of the patient if the patient is no longer mentally ill, or is no longer in need of following a treatment plan.
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