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

(b)  In the event the subject of the petitionhas been given an examination, evaluation, or treatment in a psychiatricfacility within five days before submission of the petition, andhospitalization is recommended by the staff of the facility, the petition maybe accompanied by the administrator’s certificate in lieu of a physician’s orpsychologist’s certificate. [L 1984, c 188, pt of §3; gen ch 1985; am L 1994, c58, §2]