State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-232

§122C‑232.  Judicial determination.

(a)        When an incompetentadult is admitted to a 24‑hour facility where the incompetent adult willbe subjected to the same restrictions on his freedom of movement present in theState facilities for the mentally ill, or to similar restrictions, a hearingshall be held in the district court in the county in which the 24‑hourfacility is located within 10 days of the day that the incompetent adult isadmitted to the facility. A continuance of not more than five days may be grantedupon motion of:

(1)        The court;

(2)        Respondent'scounsel; or

(3)        The responsibleprofessional.

The Commission shall adopt rulesgoverning procedures for admission to other 24‑hour facilities notfalling within the category of facilities where freedom of movement isrestricted; these rules shall be designed to ensure that no incompetent adultis improperly admitted to or remains in a facility.

(b)        In any caserequiring the hearing described in subsection (a) of this section, no petitionis necessary; the written application for voluntary admission shall serve asthe initiating document for the hearing. The court shall determine whether theincompetent adult is mentally ill or a substance abuser and is in need offurther treatment at the facility. Further treatment at the facility should beundertaken only when lesser measures will be insufficient. If the court findsby clear, cogent, and convincing evidence that these requirements have beenmet, the court shall concur with the voluntary admission of the incompetentadult. If the court finds that these requirements have not been met, it shallorder that the incompetent adult be released. A finding of dangerousness toself or others is not necessary to support the determination that furthertreatment should be undertaken.

(c)        Unless otherwiseprovided in this Part, the hearing specified in subsection (a) of this section,including the provisions for representation of indigent incompetent adults, allsubsequent proceedings, and conditional release are governed by the involuntarycommitment procedures of Part 7 of this Article.

(d)        In addition to thenotice of hearings and rehearings to the incompetent adult and his counselrequired under Part 7 of this Article, notice shall be given by the clerk tothe legally responsible person, or his successor. The legally responsibleperson, or his successor may also file with the clerk of court a written waiverof his right to receive notice. (1975, c. 839; 1977, c. 756;1979, c. 171, s. 1; 1983, c. 889, ss. 1, 2; 1985, c. 589, s. 2.)