2018 Wyoming Statutes
TITLE 25 - INSTITUTIONS OF THE STATE
CHAPTER 10 - HOSPITALIZATION OF MENTALLY ILL PERSONS
ARTICLE 1 - GENERAL PROVISIONS
SECTION 25-10-118 - Objections to proposed transfer or continued hospitalization; notice; hearing; options of court.
25-10-118. Objections to proposed transfer or continued hospitalization; notice; hearing; options of court.
(a) A hearing shall be conducted in accordance with this section when a patient contests one (1) of the following actions:
(i) Transfer pursuant to W.S. 25-10-114 or 25-10-115;
(ii) Continuing hospitalization pursuant to W.S. 25-10-116; or
(iii) Repealed by Laws 1989, ch. 147, § 2.
(iv) Revocation of convalescent status release pursuant to W.S. 25-10-127.
(b) Unless otherwise provided, an objection shall be filed with the court within five (5) days of receipt of notice of the intended action. The court shall set a hearing date which shall be within fourteen (14) days of receipt of the objection. If an objection is not filed within five (5) days, or if the patient consents to the action, the court may enter an ex parte order authorizing the action.
(c) The hearing shall be before the court, without a jury. If the court finds by clear and convincing evidence that:
(i) The transfer or continuing hospitalization is justified, the court shall enter an order authorizing the transfer or continuing hospitalization; or
(ii) The transfer or continuing hospitalization is not justified, the court shall enter an order prohibiting the transfer or continuing hospitalization.
