§334-126 - Hearing.

[§334-126] Hearing. (a) The time and
form of the procedure incident to hearing the issues in the petition shall be
provided by family court rule and consistent with this part.

(b) The hearing may be held at any convenient
place within the circuit. The subject of the petition, any interested person,
or the family court upon its own motion may request a hearing in another court
because of inconvenience to the parties, witnesses, or the family court or
because of the subject’s physical or mental condition.

(d) The subject of the petition shall be
present at the hearing. However, if the subject has been served with the
petition and does not appear at the hearing, the court, in its discretion, may
go forward with the hearing.

(e) The subject of the petition need not, but
may, be represented by an attorney. If the subject desires an attorney and is
indigent, or if the family court determines that the legal or factual issues
raised are of such complexity that the assistance of an attorney is necessary
for an adequate presentation of the merits or that the subject of the petition
is unable to speak for the subject’s self, the family court shall order the
appointment of a public defender or other attorney to represent the subject and
continue the hearing for not more than five days.

(f) If the subject of the petition is
represented by an attorney, the attorney shall be allowed adequate time for
investigation of the matters at issue and preparation. The attorney shall be
permitted to present evidence believed necessary for proper disposition of the
proceeding.

(g) No subject of the petition shall be
ordered to receive involuntary outpatient treatment unless at least one
psychiatrist testifies in person at the hearing who has personally examined the
subject within the time period commencing five calendar days before the filing
of the petition and ending at the time of the psychiatrist’s testimony. The psychiatrist’s
testimony shall state the facts which support the allegation that the subject
meets all the criteria for involuntary outpatient treatment, the recommended
outpatient treatment, and the rationale for the recommended outpatient
treatment.

If the recommended outpatient treatment
includes medication, the psychiatrist’s testimony shall describe the types or
classes of medication(s) which should be authorized, and describe the physical
and mental beneficial and detrimental effects of such medication(s).

If the subject of the petition has refused to
be examined by a licensed psychiatrist, the family court may request the
subject to consent to examination by a psychiatrist appointed by the court or
employed at a community mental health center. If the subject of the petition
does not consent and the family court finds sufficient evidence to believe that
the allegations in the petition are true, the family court may order the
commitment of the subject to a psychiatric facility for examination. The commitment
shall not be for more than twenty-four hours. The examining psychiatrist shall
submit the findings and recommendations to the family court.

The subject of the petition’s refusal to submit
voluntarily to examination shall be treated as a denial that the subject is
suffering from a severe mental disorder or substance abuse, and a denial that
the subject otherwise fits within the criteria for a court order of involuntary
outpatient treatment.

Nothing herein shall be construed in a way that
limits the subject of the petition’s privilege against self-incrimination.

(h) The subject of the petition may secure one
or more psychiatric examinations and present the findings as evidence at the
hearing. The subject shall be entitled to a psychiatric examination at a
community mental health center if the subject so desires, and if an examination
has not already been conducted at a community mental health center which will
lead to psychiatric testimony at the hearing. [L 1984, c 251, pt of §1]