2015 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 135-C - NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Section 135-C:47 - Amended Orders.

    135-C:47 Amended Orders. –
    I. The court issuing an order for treatment, other than inpatient treatment at a receiving facility, shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, any person may petition the probate court having jurisdiction for a hearing on whether the order should be amended or the person should be involuntarily admitted to a receiving facility.
    II. The court issuing an order for inpatient treatment at a receiving facility may retain jurisdiction of the case for the duration of the order. The court may include in its order a provision requiring the petitioner or the receiving facility to show cause upon a date set by the court as to why the person has not been granted a conditional discharge under RSA 135-C:50.
       (a) At such a proceeding, the burden shall be upon the petitioner or the receiving facility to demonstrate by a preponderance of the evidence that either:
          (1) The person has been offered a conditional discharge, the conditions of the discharge were reasonable and appropriate, and the person has not consented to those conditions; or
          (2) The person requires further inpatient treatment at the receiving facility.
       (b) After hearing all the evidence, the court may order the respondent to be released, or to submit to continued inpatient treatment on an involuntary basis. The court may set a new date upon which the petitioner or receiving facility shall show cause as to why the person has not been granted a conditional discharge under RSA 135-C:50. No order made pursuant to this paragraph shall be valid for longer than the period of time remaining on the original order of involuntary admission.
       (c) At any show cause hearing held under this paragraph, the respondent shall have the right to legal counsel, to present evidence on his own behalf, to have a closed hearing unless he requests otherwise, and to cross-examine witnesses. A transcript, which may consist only of any audio recording of the proceedings, shall be made of the entire proceeding.

Source. 1986, 212:1. 1992, 218:7, eff. Oct. 1, 1992.