36-528. Emergency patients; duties of agency;
notification of family member; right to counsel
A. A person detained under emergency detention shall be offered treatment for his
mental disorder to which he may consent. The person shall not be treated for his mental
disorder without his express consent, except that seclusion and mechanical or
pharmacological restraints may be employed as emergency measures for the safety of the
person or others pursuant to section 36-513.
B. At the time a person is taken into custody for emergency evaluation, the medical
director in charge of the evaluation agency shall, subject to the provisions of section
36-504, notify the person's guardian or, if none, a member of the family other than a
person who has made application for emergency evaluation, if known, of the person's
presence at the agency.
C. At the earliest time possible during the evaluation, the agency shall inquire
into the need to safeguard and preserve the person's personal property or premises. If
no responsible relative or guardian is in possession of the property or premises it shall
proceed pursuant to the provisions of section 36-508, subsection C.
D. The person detained shall be informed of his rights as stated in this section
and in article 2 of this chapter, including the right to consult an attorney. He shall
be advised that if he cannot employ an attorney, the court will appoint one for him. The
person shall be advised that if a petition for evaluation is filed, the court will
appoint the person an attorney to consult with and, if he cannot employ his own counsel,
to represent him.
|