36-521

36-521. Preparation of petition for
court-ordered evaluation; procedures for prepetition
screening

A. Upon receiving the application for evaluation, the screening agency shall, prior
to filing a petition for court-ordered evaluation, provide prepetition screening within
forty-eight hours excluding weekends and holidays when possible to determine whether
there is reasonable cause to believe the allegations of the applicant for the
court-ordered evaluation, whether the person will voluntarily receive evaluation at a
scheduled time and place and whether he is persistently or acutely disabled, gravely
disabled or likely to present a danger to self or others until the voluntary evaluation.

B. After prepetition screening has been completed, the screening agency shall
prepare a report of opinions and conclusions. If prepetition screening is not possible,
the screening agency shall prepare a report giving reasons why the screening was not
possible and including opinions and conclusions of staff members who attempted to conduct
prepetition screening or otherwise investigated the matter.

C. If the prepetition screening report indicates that there exists no reasonable
cause to believe the allegations of the applicant for the court-ordered evaluation, it
shall be reviewed by the medical director of the screening agency or his designee.

D. If, based upon the allegations of the applicant for the court-ordered evaluation
and the prepetition screening report or other information obtained while attempting to
conduct a prepetition screening, the agency determines that there is reasonable cause to
believe that the proposed patient is, as a result of mental disorder, a danger to self or
to others, is persistently or acutely disabled or is gravely disabled and that the
proposed patient is unable or unwilling to voluntarily receive evaluation or is likely to
present a danger to self or to others, is gravely disabled or will further deteriorate
before receiving a voluntary evaluation, it shall prepare a petition for court-ordered
evaluation and shall file the petition, which shall be signed by the person who prepared
the petition unless the county attorney performs these functions. If the agency
determines that there is reasonable cause to believe that the person is in such a
condition that without immediate hospitalization he is likely to harm himself or others,
it shall take all reasonable steps to procure such hospitalization on an emergency basis.

E. The agency may contact the county attorney in order to obtain his assistance in
preparing the petition for court-ordered evaluation, and the agency may request the
advice and judgment of the county attorney in reaching a decision as to whether the
court-ordered evaluation is justified.

F. The county attorney may prepare or sign or file the petition if a court has
ordered the county attorney to prepare the petition.

G. If a petition for court-ordered evaluation alleges danger to others as described
in section 36-501, the screening agency shall, prior to filing such petition, contact the
county attorney for a review of the petition. The county attorney shall examine the
petition and make one of the following written recommendations:

1. That a criminal investigation is warranted.

2. That the screening agency shall file the petition.

3. That no further proceedings are warranted. The screening agency shall consider
such recommendation in determining whether a court-ordered evaluation is justified and
shall include such recommendation with the petition if it decides to file the petition
with the court.

H. The petition shall be made in the form and manner prescribed by the deputy
director.