§334-62 - Service of process and papers upon patients.
[§334-62] Service of process and papers
upon patients. (a) Service of process and papers upon a patient in a
psychiatric facility or a patient on authorized or unauthorized absence from a
psychiatric facility shall be made in the following manner:
(1)Â Service of process and papers relating to the
involuntary hospitalization of the patient shall be made directly and
personally upon the patient and shall also be made personally or by certified
mail upon the patient’s guardians and the public defender, the patient’s
attorney or court-appointed attorney; otherwise, service upon the patient shall
be incomplete. A copy of the legal process or paper served on a patient under
this paragraph shall be given to the administrator of the psychiatric facility
or the administrator’s deputy and shall be filed with the records of the
patient.
(2)Â Service of process and papers not relating to the
involuntary hospitalization of the patient shall be made directly and
personally upon the patient, the patient’s guardians, and the administrator of
the psychiatric facility or the administrator’s deputy; otherwise, service upon
the patient shall be incomplete and shall not give the issuing court or agency
jurisdiction over the person of the patient. A legal process or paper served
under this paragraph shall be filed with the records of the patient, and the
administrator of the psychiatric facility or the administrator’s deputy shall
immediately inform the court or other agency out of which the process or paper
issued, in writing, of the date of service and of the mental and physical
condition of the patient.
(b)Â Neither the administrator nor anyone
connected with a psychiatric facility shall accept service of process or papers
on behalf of a patient. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3;
gen ch 1985]