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

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

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

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

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

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

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

(6)  The respondent understands the nature of theproceeding and the effect of the court order to enter into outpatienttreatment.

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