2006 Code of Virginia § 37.2-817 - Involuntary admission and outpatient treatment orders

37.2-817. Involuntary admission and outpatient treatment orders.

A. The district court judge or special justice shall render a decision on thepetition for involuntary admission after the appointed examiner has presentedhis report, orally or in writing, pursuant to 37.2-815 and after thecommunity services board or behavioral health authority that serves thecounty or city where the person resides or, if impractical, where the personis located has presented a preadmission screening report, orally or inwriting, with recommendations for that person's placement, care, andtreatment pursuant to 37.2-816. These reports, if not contested, mayconstitute sufficient evidence upon which the district court judge or specialjustice may base his decision.

B. After observing the person and obtaining the necessary positivecertification and considering any other relevant evidence that may have beenoffered, if the judge or special justice finds by clear and convincingevidence that (i) the person presents an imminent danger to himself or othersas a result of mental illness or has been proven to be so seriously mentallyill as to be substantially unable to care for himself and (ii) alternativesto involuntary inpatient treatment have been investigated and deemedunsuitable and there is no less restrictive alternative to involuntaryinpatient treatment, the judge or special justice shall by written order andspecific findings so certify and order that the person be admittedinvoluntarily to a facility for a period of treatment not to exceed 180 daysfrom the date of the court order. Such involuntary admission shall be to afacility designated by the community services board or behavioral healthauthority that serves the city or county in which the person was examined asprovided in 37.2-816. If the community services board or behavioral healthauthority does not designate a facility at the commitment hearing, the personshall be involuntarily admitted to a facility designated by the Commissioner.The person shall be released at the expiration of 180 days unless he isinvoluntarily admitted by further petition and order of a court or suchperson makes application for treatment on a voluntary basis as provided forin 37.2-805.

C. After observing the person and obtaining the necessary positivecertification and considering any other relevant evidence that may have beenoffered, if the judge or special justice finds by clear and convincingevidence that (i) the person presents an imminent danger to himself or othersas a result of mental illness or has been proven to be so seriously mentallyill as to be substantially unable to care for himself, (ii) less restrictivealternatives to involuntary inpatient treatment have been investigated andare deemed suitable, (iii) the person (a) has the degree of competencynecessary to understand the stipulations of his treatment, (b) expresses aninterest in living in the community and agrees to abide by his treatmentplan, and (c) is deemed to have the capacity to comply with the treatmentplan, and (iv) the ordered treatment can be delivered on an outpatient basisand be monitored by the community services board, behavioral health authorityor designated provider, the judge or special justice shall order outpatienttreatment, which may include day treatment in a hospital, night treatment ina hospital, outpatient involuntary treatment with anti-psychotic medicationpursuant to Chapter 11 ( 37.2-1100 et seq.), or other appropriate course oftreatment as may be necessary to meet the needs of the person. The communityservices board or behavioral health authority that serves the city or countyin which the person resides shall recommend a specific course of treatmentand programs for the provision of involuntary outpatient treatment. Thecommunity services board, behavioral health authority, or designated providershall monitor the person's compliance with the treatment ordered by the courtunder this section, and the person's failure to comply with involuntaryoutpatient treatment as ordered by the court may be admitted into evidence insubsequent hearings held pursuant to the provisions of this section. Uponfailure of the person to adhere to the terms of the outpatient treatmentorder, the judge or special justice may revoke it and, upon notice to theperson and after a commitment hearing, order involuntary admission to afacility.

(1976, c. 671, 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c. 471;1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716;1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907;1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c.446; 2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, cc. 458,716.)