36-531. Evaluation; possible dispositions;
release
A. A person being evaluated on an inpatient basis in an evaluation agency shall be
released if, in the opinion of the medical director of the agency, further evaluation is
not appropriate unless the person makes application for further care and treatment on a
voluntary basis.
B. If it is determined upon an evaluation of the patient's condition that he is, as
a result of a mental disorder, a danger to self or to others, is persistently or acutely
disabled or is gravely disabled, the medical director in charge of the agency which
provided the evaluation shall, unless the person makes application for further care and
treatment on a voluntary basis, prepare, sign and file a petition for court-ordered
treatment unless the county attorney performs the functions of preparing, signing or
filing the petition as provided in subsection C of this section.
C. The agency may contact the county attorney to obtain his assistance in preparing
the petition for court-ordered treatment, and the agency may request the advice and
judgment of the county attorney in reaching a decision as to whether court-ordered
treatment is justified.
D. A person being evaluated on an inpatient basis in an evaluation agency shall be
released within seventy-two hours, excluding weekends and holidays, from the time that he
is hospitalized pursuant to a court order for evaluation, unless the person makes
application for further care and treatment on a voluntary basis or unless a petition for
court-ordered treatment has been filed pursuant to subsection B of this section.
E. The department of health services may conduct jointly with a school district,
directly or indirectly, an educational evaluation pursuant to sections 15-765 and 15-766
for nonadjudicated youth. The evaluation information may be shared by and among
authorized personnel employed by the department of health services and the department of
education, or authorized personnel from the local education agency, for purposes of
ensuring the provision of special education and related services as required by the
individuals with disabilities education act (20 United States Code sections 1400 through
1415).
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