36-523

36-523. Petition for evaluation

A. The petition for evaluation shall contain the following:

1. The name, address and interest in the case of the individual who applied for the
petition.

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

3. The present whereabouts of the proposed patient, if known.

4. A statement alleging that there is reasonable cause to believe that the proposed
patient has a mental disorder and is as a result a danger to self or others, is
persistently or acutely disabled or is gravely disabled and is unwilling or unable to
undergo voluntary evaluation.

5. A summary of the facts which support the allegations that the proposed patient
is dangerous, is persistently or acutely disabled or is gravely disabled and unwilling or
unable to be voluntarily evaluated including the facts which brought the proposed patient
to the screening agency's attention.

6. Other information that the deputy director, with the approval of the director,
by rule or the court by rule or order may require.

B. The petition shall request that the court issue an order requiring that the
proposed patient be given an evaluation and shall advise the court of both of the
following:

1. That the opinion of the petitioner is either that the proposed patient is or is
not in such a condition that without immediate or continuing hospitalization he is likely
to suffer serious physical harm or further deterioration or inflict serious physical harm
upon another person.

2. If the opinion of the petitioner is that the proposed patient is not in the
condition described in paragraph 1 of this subsection, that the opinion of the petitioner
is either that the evaluation should or should not take place on an outpatient basis.

C. The petition for evaluation shall be accompanied by the application for
evaluation, by the recommendation of the county attorney pursuant to section 36-521 and
by a prepetition screening report, unless such documents have not been prepared under a
provision of law or in accordance with an order of the court. The petition for
evaluation shall also be accompanied by a copy of the application for emergency admission
if one exists.

D. A petition and other forms required in a court may be filed only by the
screening agency which has prepared the petition.

E. If the petition is not filed because it has been determined that the person does
not need an evaluation, the agency after a period of six months shall destroy the
petition and the various reports annexed to the petition as required by this section.