36-727

36-727. Hearings; procedure;
confidentiality

A. The afflicted person or, if a minor or incapacitated person, the afflicted
person's parent or guardian and that person's attorney have the right to be present at
all hearings, subject to any conditions or procedures that are deemed appropriate or
necessary by order of the court to protect the health and safety of all
participants. The afflicted person may waive any appearance before the court.

B. If the afflicted person is unable or unwilling to be present at the hearing or
the hearing cannot be reasonably conducted where the afflicted person is being treated or
confined or cannot be reasonably conducted in the afflicted person's presence, the court
shall enter a finding and may proceed with the hearing on the merits of the petition.

C. The court may impose conditions or procedures that it deems necessary to protect
the health and safety of all participants in the hearing and to ensure humane treatment
with due regard to the comfort and safety of the afflicted person and others. These
measures may include video or telephonic conference appearances. If necessary the court
shall provide language interpreters and persons skilled in communicating with vision
impaired and hearing impaired persons pursuant to applicable law.

D. Parties to the proceedings may present evidence and subpoena and cross-examine
witnesses. The evidence presented may include the testimony of experts on infectious
diseases or public health matters or a physician who performed an examination or
evaluation of the afflicted person. The petitioner may prove its case on the affidavit
or affidavits filed in support of the initial petition. The clinical record of the
afflicted person for the current admission shall be available and may be presented in
full or in part as evidence at the request of the court, the afflicted person or the
afflicted person's attorney or any party in interest.

E. At the hearing the court shall be advised of any drugs known to have been
administered to the afflicted person before the hearing that would affect the afflicted
person's judgment or behavior.

F. Persons appointed to conduct an examination and evaluation of the afflicted
person shall make their reports in writing to the court. The reports shall include a
recommendation as to the least restrictive alternative measures available to the court.

G. A verbatim record of all proceedings under this section shall be made by
stenographic or electronic means. The stenographic notes or electronic tape shall be
retained as provided by statute.

H. The court hearing shall not be open to the public and all records, notices,
exhibits and other evidence are confidential and shall not be released to the
public. The court may order any portion released or a public hearing to be held on a
request from the afflicted person or, if a minor or incapacitated person, the afflicted
person's parent or guardian or the afflicted person's attorney. The court's records and
exhibits are available to the petitioner, the afflicted person, the department, the
tuberculosis control officer, the local health officer or a legal representative of any
of these persons or agencies.

I. An afflicted person who is ordered by the court to undergo examination,
monitoring, treatment, isolation or quarantine or, if a minor or incapacitated person,
the afflicted person's parent or guardian may request a certified transcript of the
hearing. To obtain a copy the person shall pay for the transcript or shall file an
affidavit that the afflicted person cannot afford to pay for a transcript. If the
affidavit is found true by the court, the court shall charge the expense of the
transcript to the county in which the proceedings were held. If an intergovernmental
agreement by the counties has required an evaluation in a county other than that of the
afflicted person's residence, this expense may be charged to the county of the afflicted
person's residence or in which the afflicted person was found before the evaluation.