(a) Upon receipt of arequest for a supplemental hearing, the clerk shall calendar a hearing to beheld within 14 days and notify, at least 72 hours before the hearing, thepetitioner, the respondent, his attorney, if any, and the designated areaauthority or physician. Notice shall be provided in accordance with G.S. 122C‑284(b).The procedures for the hearing shall follow G.S. 122C‑286.
(b) At the supplementalhearing for a respondent who has moved or may move to another county, the courtshall determine if the respondent meets the criteria for commitment set out inG.S. 122C‑283(d)(1). If the court determines that the respondent nolonger meets the criteria for commitment, it shall discharge the respondentfrom the order and dismiss the case. If the court determines that therespondent continues to meet the criteria for commitment, it shall continue thecommitment but shall designate an area authority or physician at therespondent's new residence to be responsible for the management or supervisionof the respondent's commitment. The court shall order the respondent to appearfor treatment at the address of the newly designated area authority orphysician and shall order venue for further court proceedings under the commitmentto be transferred to the new county of supervision. Upon an order changingvenue, the clerk of court in the county where the commitment has beensupervised shall transfer the records regarding the commitment to the clerk ofcourt in the county where the commitment will be supervised. Also, the clerk ofcourt in the county where the commitment has been supervised shall send a copyof the court's order directing the continuation of treatment under newsupervision to the newly designated area authority or physician.
(c) At a supplementalhearing for a respondent to be held longer than 45 consecutive days in a 24‑hourfacility, the court shall determine if the respondent meets the criteria forcommitment set out in G.S. 122C‑283(d)(1). If the court determines thatthe respondent continues to meet the criteria and that further treatment in the24‑hour facility is necessary, the court may authorize continued care inthe facility for not more than 90 days, after which a rehearing for the purposeof determining the need for continued care in the 24‑hour facility shallbe held, or the court may order the respondent released from the 24‑hourfacility and continued on the commitment on an outpatient basis. If the courtdetermines that the respondent no longer meets the criteria for commitment therespondent shall be released and his case dismissed.
(d) At any time duringthe term of commitment order, a respondent may apply to the court for asupplemental hearing for the purpose of discharge from the order. The applicationshall be made in writing to the clerk of superior court. At the supplementalhearing the court shall determine whether the respondent continues to meet thecriteria for commitment. The court may reissue or change the commitment orderor discharge the respondent and dismiss the case. (1985, c. 589, s. 2.)
(a) Upon receipt of arequest for a supplemental hearing, the clerk shall calendar a hearing to beheld within 14 days and notify, at least 72 hours before the hearing, thepetitioner, the respondent, his attorney, if any, and the designated areaauthority or physician. Notice shall be provided in accordance with G.S. 122C‑284(b).The procedures for the hearing shall follow G.S. 122C‑286.
(b) At the supplementalhearing for a respondent who has moved or may move to another county, the courtshall determine if the respondent meets the criteria for commitment set out inG.S. 122C‑283(d)(1). If the court determines that the respondent nolonger meets the criteria for commitment, it shall discharge the respondentfrom the order and dismiss the case. If the court determines that therespondent continues to meet the criteria for commitment, it shall continue thecommitment but shall designate an area authority or physician at therespondent's new residence to be responsible for the management or supervisionof the respondent's commitment. The court shall order the respondent to appearfor treatment at the address of the newly designated area authority orphysician and shall order venue for further court proceedings under the commitmentto be transferred to the new county of supervision. Upon an order changingvenue, the clerk of court in the county where the commitment has beensupervised shall transfer the records regarding the commitment to the clerk ofcourt in the county where the commitment will be supervised. Also, the clerk ofcourt in the county where the commitment has been supervised shall send a copyof the court's order directing the continuation of treatment under newsupervision to the newly designated area authority or physician.
(c) At a supplementalhearing for a respondent to be held longer than 45 consecutive days in a 24‑hourfacility, the court shall determine if the respondent meets the criteria forcommitment set out in G.S. 122C‑283(d)(1). If the court determines thatthe respondent continues to meet the criteria and that further treatment in the24‑hour facility is necessary, the court may authorize continued care inthe facility for not more than 90 days, after which a rehearing for the purposeof determining the need for continued care in the 24‑hour facility shallbe held, or the court may order the respondent released from the 24‑hourfacility and continued on the commitment on an outpatient basis. If the courtdetermines that the respondent no longer meets the criteria for commitment therespondent shall be released and his case dismissed.
(d) At any time duringthe term of commitment order, a respondent may apply to the court for asupplemental hearing for the purpose of discharge from the order. The applicationshall be made in writing to the clerk of superior court. At the supplementalhearing the court shall determine whether the respondent continues to meet thecriteria for commitment. The court may reissue or change the commitment orderor discharge the respondent and dismiss the case. (1985, c. 589, s. 2.)
(a) Upon receipt of arequest for a supplemental hearing, the clerk shall calendar a hearing to beheld within 14 days and notify, at least 72 hours before the hearing, thepetitioner, the respondent, his attorney, if any, and the designated areaauthority or physician. Notice shall be provided in accordance with G.S. 122C‑284(b).The procedures for the hearing shall follow G.S. 122C‑286.
(b) At the supplementalhearing for a respondent who has moved or may move to another county, the courtshall determine if the respondent meets the criteria for commitment set out inG.S. 122C‑283(d)(1). If the court determines that the respondent nolonger meets the criteria for commitment, it shall discharge the respondentfrom the order and dismiss the case. If the court determines that therespondent continues to meet the criteria for commitment, it shall continue thecommitment but shall designate an area authority or physician at therespondent's new residence to be responsible for the management or supervisionof the respondent's commitment. The court shall order the respondent to appearfor treatment at the address of the newly designated area authority orphysician and shall order venue for further court proceedings under the commitmentto be transferred to the new county of supervision. Upon an order changingvenue, the clerk of court in the county where the commitment has beensupervised shall transfer the records regarding the commitment to the clerk ofcourt in the county where the commitment will be supervised. Also, the clerk ofcourt in the county where the commitment has been supervised shall send a copyof the court's order directing the continuation of treatment under newsupervision to the newly designated area authority or physician.
(c) At a supplementalhearing for a respondent to be held longer than 45 consecutive days in a 24‑hourfacility, the court shall determine if the respondent meets the criteria forcommitment set out in G.S. 122C‑283(d)(1). If the court determines thatthe respondent continues to meet the criteria and that further treatment in the24‑hour facility is necessary, the court may authorize continued care inthe facility for not more than 90 days, after which a rehearing for the purposeof determining the need for continued care in the 24‑hour facility shallbe held, or the court may order the respondent released from the 24‑hourfacility and continued on the commitment on an outpatient basis. If the courtdetermines that the respondent no longer meets the criteria for commitment therespondent shall be released and his case dismissed.
(d) At any time duringthe term of commitment order, a respondent may apply to the court for asupplemental hearing for the purpose of discharge from the order. The applicationshall be made in writing to the clerk of superior court. At the supplementalhearing the court shall determine whether the respondent continues to meet thecriteria for commitment. The court may reissue or change the commitment orderor discharge the respondent and dismiss the case. (1985, c. 589, s. 2.)
