§334-60.3  Initiation of proceeding for
involuntary hospitalization.  (a)  Any person may file a petition alleging
that a person located in the county meets the criteria for commitment to a
psychiatric facility.  The petition shall be executed subject to the penalties
of perjury but need not be sworn to before a notary public.  The attorney
general, the attorney general’s deputy, special deputy, or appointee designated
to present the case shall assist the petitioner to state the substance of the
petition in plain and simple language.  The petition may be accompanied by a
certificate of the licensed physician or psychologist who has examined the
person within two days before submission of the petition, unless the person
whose commitment is sought has refused to submit to medical or psychological
examination, in which case the fact of refusal shall be alleged in the
petition.  The certificate shall set forth the signs and symptoms relied upon
by the physician or psychologist to determine the person is in need of care or
treatment, or both, and whether or not the person is capable of realizing and
making a rational decision with respect to the person’s need for treatment.  If
the petitioner believes that further evaluation is necessary before commitment,
the petitioner may request such further evaluation.



(b)  In the event the subject of the petition
has been given an examination, evaluation, or treatment in a psychiatric
facility within five days before submission of the petition, and
hospitalization is recommended by the staff of the facility, the petition may
be accompanied by the administrator’s certificate in lieu of a physician’s or
psychologist’s certificate. [L 1984, c 188, pt of §3; gen ch 1985; am L 1994, c
58, §2]