§334-60.4  Notice; waiver of notice; hearing
on petition; waiver of hearing on petition for involuntary hospitalization. 
(a)  The court shall set a hearing on the petition and notice of the time and
place of such hearing shall be served in accordance with, and to those persons
specified in, a current order of commitment.  If there is no current order of
commitment, notice of the hearing shall be served personally on the subject of
the petition and served personally or by certified or registered mail, return
receipt requested, deliverable to the addressee only, on the subject’s spouse
or reciprocal beneficiary, legal parents, adult children, and legal guardian,
if one has been appointed.  If the subject of the petition has no living spouse
or reciprocal beneficiary, legal parent and adult children, or if none can be
found, notice of the hearing shall be served on at least one of the subject’s
closest adult relatives if any can be found.  Notice of the hearing shall also
be served on the public defender, attorney for the subject of the petition, or
other court-appointed attorney as the case may be.  If the subject of the
petition is a minor, notice of the hearing shall also be served upon the person
who has had the principal care and custody of the minor during the sixty days
preceding the date of the petition if such person can be found within the
State.  Notice shall also be given to such other persons as the court may
designate.



(b)  The notice shall include the following:



(1)  The date, time, place of hearing, a clear
statement of the purpose of the proceedings and of possible consequences to the
subject; and a statement of the legal standard upon which commitment is
authorized;



(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 to
hospitalization, or with the approval of the court, to some other form of
treatment;



(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 any
time for a hearing on the issue of the subject’s need for hospitalization, if
the subject has previously waived such a hearing;



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



(7)  Notice that if the subject does not want to be
represented by the public defender the subject may contact the subject’s own
attorney;



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



(c)  If the subject executes and files a waiver
of the hearing, upon acceptance by the court following a court determination
that 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 agreed
to admit the subject as an involuntary patient or, if the subject is at such a
facility, that the subject be retained there. [L 1984, c 188, pt of §3; gen ch
1985; am L 1997, c 383, §46; am L 2004, c 161, §36]