2005 Idaho Code - 66-339B — OUTPATIENT COMMITMENT HEARING

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       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.