2005 Idaho Code - 66-329 — COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL PROCEDURE

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-329.  COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL
PROCEDURE. (a) Proceedings for the involuntary care and treatment of mentally
ill persons by the department of health and welfare 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, or the director of any facility in which such
patient may be.
    (b)  The application shall state the name and last known address of the
proposed patient; the name and address of either the spouse, guardian, next of
kin or friend of the proposed patient; whether the proposed patient can be
cared for privately in the event commitment is not ordered; if the proposed
patient is, at the time of the application, a voluntary patient; whether the
proposed patient has applied for release pursuant to section 66-320, Idaho
Code; and a simple and precise statement of the facts showing that the
proposed patient is mentally ill and either likely to injure himself or others
or is gravely disabled due to mental illness.
    (c)  Any such application shall be accompanied by a certificate 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 is: (i) mentally ill; (ii) likely to injure himself or others
or is gravely disabled due to mental illness; and (iii) lacks capacity to make
informed decisions about treatment, or a written statement by the applicant
that the proposed patient has refused to submit to examination by a designated
examiner.
    (d)  Upon receipt of an application for commitment, the court shall,
within forty-eight (48) hours appoint another designated examiner to make a
personal examination of the proposed patient or if the proposed patient has
not been examined, the court shall appoint two (2) designated examiners to
make individual personal examinations of the proposed patient and may order
the proposed patient to submit to an immediate examination. If neither
designated examiner is a physician, the court shall order a physical
examination of the proposed patient. At least one (1) designated examiner
shall be a psychiatrist, licensed physician or licensed psychologist. The
designated examiners shall report to the court their findings within the
following seventy-two (72) hours as to the mental condition of the proposed
patient and his need for custody, care, or treatment by a facility. The
reports shall be in the form of written certificates which shall be filed with
the court. The court may terminate the proceedings and dismiss the application
without taking any further action in the event the reports of the designated
examiners are to the effect that the proposed patient is not mentally ill or,
although mentally ill, is not likely to injure himself or others or is not
gravely disabled due to mental illness. If the proceedings are terminated, the
proposed patient shall be released immediately.
    (e)  If the designated examiner's certificate states a belief that the
proposed patient is mentally ill and either likely to injure himself or others
or is gravely disabled  due to mental illness, the judge of such court shall
issue an order authorizing any health officer, peace officer, or director of a
facility to take the proposed patient to a facility in the community in which
the proposed patient is residing or to the nearest facility to await the
hearing and for good cause may authorize treatment during such period subject
to the provisions of section 66-346(a)(4), Idaho Code. 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.
    (f)  Upon receipt of such application and designated examiners' reports
the court shall appoint a time and place for hearing not more than seven (7)
days from the receipt of such designated examiners' reports and thereupon give
written notice of such time and place of such hearing together with a copy of
the application, designated examiner's certificates, and notice of the
proposed patient's right to be represented by an attorney, or if indigent, to
be represented by a court-appointed attorney, to the applicant, to the
proposed patient, to the proposed patient's spouse, guardian, next of kin or
friend. With the consent of the proposed patient and his attorney, the hearing
may be held immediately. Upon motion of the proposed patient and attorney and
for good cause shown, the court may continue the hearing up to an additional
fourteen (14) days during which time, for good cause shown, the court may
authorize treatment.
    (g)  An opportunity to be represented by counsel shall be afforded to
every proposed patient, 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 application is received by the
court.
    (h)  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.
    (i)  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.
    (j)  The proposed patient, the applicant, and any other persons to whom
notice is required to be given 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. 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 orderly procedure.
The court shall receive all relevant and material evidence consistent with the
rules of evidence.
    (k)  If, upon completion of the hearing and consideration of the record,
the court finds by clear and convincing evidence that the proposed patient:
    (1)  is mentally ill; and
    (2)  is, because of such condition, likely to injure himself or others, or
    is gravely disabled due to mental illness;
the court shall order the proposed patient committed to the custody of the
department director for an indeterminate period of time not to exceed one (1)
year. The department director, through his dispositioner, shall determine
within twenty-four (24) hours the least restrictive  available facility
consistent with the needs of each patient committed under this section for
observation, care, and treatment.
    (l)  Nothing in this chapter or in any rule adopted pursuant thereto shall
be construed to authorize the detention or involuntary admission to a hospital
or other facility of an individual who:
    (1)  has epilepsy, a developmental disability, a physical disability,
    mental retardation, is impaired by chronic alcoholism or drug abuse, or
    aged, unless in addition to such condition, such person is mentally ill;
    (2)  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; or
    (3)  can be properly cared for privately with the help of willing and able
    family or friends, and provided, that such person may be detained or
    involuntarily admitted if such person is mentally ill and presents a
    substantial risk of injury to himself or others if allowed to remain at
    liberty.
    (m)  The order of commitment shall state whether the proposed patient
lacks capacity to make informed decisions about treatment, the name and
address of the patient's attorney and either the patient's spouse, guardian,
adult next of kin, or friend.
    (n)  If the patient has no spouse or guardian and if the patient has
property which may not be cared for pursuant to chapter 5, title 66, Idaho
Code, or by the patient while confined at a facility, the court shall appoint
a guardian ad litem for the purpose of preserving the patient's estate,
pending further guardianship or conservatorship proceedings.
    (o)  The commitment shall continue until the commitment is terminated and
shall be unaffected by the patient's conditional release or change in
disposition.