§334-60.4  Notice; waiver of notice; hearingon petition; waiver of hearing on petition for involuntary hospitalization. (a)  The court shall set a hearing on the petition and notice of the time andplace of such hearing shall be served in accordance with, and to those personsspecified in, a current order of commitment.  If there is no current order ofcommitment, notice of the hearing shall be served personally on the subject ofthe petition and served personally or by certified or registered mail, returnreceipt requested, deliverable to the addressee only, on the subject’s spouseor reciprocal beneficiary, legal parents, adult children, and legal guardian,if one has been appointed.  If the subject of the petition has no living spouseor reciprocal beneficiary, legal parent and adult children, or if none can befound, notice of the hearing shall be served on at least one of the subject’sclosest adult relatives if any can be found.  Notice of the hearing shall alsobe served on the public defender, attorney for the subject of the petition, orother court-appointed attorney as the case may be.  If the subject of thepetition is a minor, notice of the hearing shall also be served upon the personwho has had the principal care and custody of the minor during the sixty dayspreceding the date of the petition if such person can be found within theState.  Notice shall also be given to such other persons as the court maydesignate.

(b)  The notice shall include the following:

(1)  The date, time, place of hearing, a clearstatement of the purpose of the proceedings and of possible consequences to thesubject; and a statement of the legal standard upon which commitment isauthorized;

(2)  A copy of the petition;

(3)  A written notice, in plain and simple language,that the subject may waive such a hearing by voluntarily agreeing tohospitalization, or with the approval of the court, to some other form oftreatment;

(4)  A filled-out form indicating such waiver;

(5)  A written notice, in plain and simple language,that the subject or the subject’s guardian or representative may apply at anytime for a hearing on the issue of the subject’s need for hospitalization, ifthe subject has previously waived such a hearing;

(6)  Notice that the subject is entitled to the assistanceof an attorney and that the public defender has been notified of theseproceedings;

(7)  Notice that if the subject does not want to berepresented by the public defender the subject may contact the subject’s ownattorney;

(8)  Notice, if such be the case, that the petitionerintends to adduce evidence to show that the subject of the petition is anincapacitated or protected person, or both, under Article V of chapter 560, andwhether or not appointment of a guardian is sought at the hearing.  If appointmentof a guardian is to be recommended, and a nominee is known at the time thepetition is filed, the identity of the nominee shall be disclosed.

(c)  If the subject executes and files a waiverof the hearing, upon acceptance by the court following a court determinationthat the person understands the person’s rights and is competent to waive them,the court shall order the subject to be committed to a facility that has agreedto admit the subject as an involuntary patient or, if the subject is at such afacility, that the subject be retained there. [L 1984, c 188, pt of §3; gen ch1985; am L 1997, c 383, §46; am L 2004, c 161, §36]