[§334-144]  Hearing and court order. 
(a)  The court shall conduct a hearing to consider all facts relating to the
petition.  The court may postpone the hearing and order the respondent to be
assessed for substance abuse or addiction by a certified substance abuse
counselor, at the petitioner’s expense.



(b)  The court may grant the petition if it
finds clear and convincing evidence that:



(1)  The respondent has a history of substance abuse
and refuses to enter treatment voluntarily;



(2)  The respondent has a family support system that
will encourage and participate in the respondent’s treatment program;



(3)  The respondent can benefit from outpatient
treatment and is capable of surviving safely in the community with the family
support system and if outpatient treatment is received;



(4)  The respondent or the petitioner has financial
resources to pay for the outpatient treatment program;



(5)  The respondent poses an imminent danger to self
or to others if treatment is not received; and



(6)  The respondent understands the nature of the
proceeding and the effect of the court order to enter into outpatient
treatment.



(c)  The court order shall be limited to ninety
days of outpatient treatment.  Upon renewal of the petition, the court may
extend the petition for an additional ninety days. [L 2004, c 44, pt of §20]