36-520

36-520. Application for evaluation;
definition

A. Any responsible individual may apply for a court-ordered evaluation of a person
who is alleged to be, as a result of a mental disorder, a danger to self or to others,
persistently or acutely disabled, or gravely disabled and who is unwilling or unable to
undergo a voluntary evaluation. The application shall be made in the prescribed form and
manner as adopted by the deputy director.

B. The application for evaluation shall include the following data:

1. The name, and address if known, of the proposed patient for whom evaluation is
applied.

2. The age, date of birth, sex, race, marital status, occupation, social security
number, present location, dates and places of previous hospitalizations, names and
addresses of the guardian, spouse, next of kin and significant other persons and other
data that the deputy director may require on the form to whatever extent that this data
is known and is applicable to the proposed patient.

3. The name, address and relationship of the person who is applying for the
evaluation.

4. A statement that the proposed patient is believed to be, as a result of a mental
disorder, a danger to self or to others, persistently or acutely disabled or gravely
disabled and the facts on which this statement is based.

5. A statement that the applicant believes the proposed patient is in need of
supervision, care and treatment and the facts on which this statement is based.

C. The application shall be signed and notarized.

D. The screening agency shall offer assistance to the applicant in preparation of
the application. Upon receipt of the application, the screening agency shall act as
prescribed in section 36-521 within forty-eight hours of the filing of the application
excluding weekends and holidays. If the application is not acted upon within forty-eight
hours, the reasons for not acting promptly shall be reviewed by the director of the
screening agency or the director's designee.

E. If the applicant for the court-ordered evaluation presents the person to be
evaluated at the screening agency, the agency shall conduct a prepetition screening
examination. Except in the case of an emergency evaluation, the person to be evaluated
shall not be detained or forced to undergo prepetition screening against the person's
will.

F. If the applicant for the court-ordered evaluation does not present the person to
be evaluated at the screening agency, the agency shall conduct the prepetition screening
at the home of the person to be evaluated or any other place the person to be evaluated
is found. If prepetition screening is not possible, the screening agency shall proceed
as in section 36-521, subsection B.

G. If a person is being treated by prayer or spiritual means alone in accordance
with the tenets and practices of a recognized church or religious denomination by a duly
accredited practitioner of that church or denomination, such person may not be ordered
evaluated, detained or involuntarily treated unless the court has determined that the
person is, as a result of mental disorder, a danger to others or to self.

H. Court-ordered evaluation or treatment pursuant to this chapter shall not operate
to change the legal residence of a patient.

I. If the application is not acted upon because it has been determined that the
proposed patient does not need an evaluation, the agency after a period of six months
shall destroy the application and any other evidence of the application.

J. For the purposes of this section, "person" includes a person who:

1. Is under eighteen years of age.

2. Has been transferred to the criminal division of the superior court pursuant to
section 8-327 or who has been charged with an offense pursuant to section 13-501.

3. Is under the supervision of an adult probation department.