§334-127 - Disposition.
[§334-127] Disposition. (a) If after
hearing all relevant evidence, including the results of an examination ordered
by the family court, the family court finds that the subject of the petition
does not meet the criteria for involuntary outpatient treatment, the family
court shall dismiss the petition.
(b) If after hearing all relevant evidence,
including the results of an examination ordered by the family court, the family
court finds by clear and convincing evidence that the subject of the petition meets
the criteria for involuntary outpatient treatment, the family court shall order
the subject to obtain outpatient treatment for a period of not more than 180
days. The order shall also state the outpatient treatment which the subject is
to obtain.
If the court finds by clear and convincing
evidence that the beneficial mental and physical effects of recommended
medication(s) outweigh the detrimental mental and physical effects, if any, the
order may authorize types or classes of medication(s) to be included in
outpatient treatment in the discretion of the outpatient treatment
psychiatrist.
The court order shall also state who should
receive notice of intent to early discharge in the event that the outpatient
treatment psychiatrist determines, prior to the end of the court ordered period
of treatment, that the subject should be early discharged from outpatient
involuntary treatment.
(c) The family court shall also designate on
the order the outpatient treatment psychiatrist who is to be responsible for
the management and supervision of the subject’s outpatient treatment, or shall
designate an administrator of a community mental health center to, in turn,
designate such an outpatient treatment psychiatrist during the treatment period
without court approval, and may designate either a publicly employed
psychiatrist, or a private psychiatrist, provided that the private psychiatrist
shall agree to the designation. [L 1984, c 251, pt of §1]