State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-267

§ 122C‑267.  Outpatientcommitment; district court hearing.

(a)        A hearing shall beheld in district court within 10 days of the day the respondent is taken intocustody pursuant to G.S. 122C‑261(e). Upon its own motion or upon motionof the proposed outpatient treatment physician or the respondent, the court maygrant a continuance of not more than five days.

(b)        The respondentshall be present at the hearing. A subpoena may be issued to compel therespondent's presence at a hearing. The petitioner and the proposed outpatienttreatment physician or his designee may be present and may provide testimony.

(c)        Certified copies ofreports and findings of physicians and psychologists and medical records ofprevious and current treatment are admissible in evidence.

(d)        At the hearing todetermine the necessity and appropriateness of outpatient commitment, therespondent need not, but may, be represented by counsel. However, if the courtdetermines that the legal or factual issues raised are of such complexity thatthe assistance of counsel is necessary for an adequate presentation of themerits or that the respondent is unable to speak for himself, the court maycontinue the case for not more than five days and order the appointment ofcounsel for an indigent respondent. Appointment of counsel shall be inaccordance with rules adopted by the Office of Indigent Defense Services.

(e)        Hearings may beheld at the area facility in which the respondent is being treated, if it islocated within the judge's district court district as defined in G.S. 7A‑133,or in the judge's chambers. A hearing may not be held in a regular courtroom,over objection of the respondent, if in the discretion of a judge a moresuitable place is available.

(f)         The hearing shallbe closed to the public unless the respondent requests otherwise.

(g)        A copy of alldocuments admitted into evidence and a transcript of the proceedings shall befurnished to the respondent on request by the clerk upon the direction of adistrict court judge. If the client is indigent, the copies shall be providedat State expense.

(h)        To support anoutpatient commitment order, the court is required to find by clear, cogent,and convincing evidence that the respondent meets the criteria specified inG.S. 122C‑263(d)(1). The court shall record the facts which support itsfindings and shall show on the order the center or physician who is responsiblefor the management and supervision of the respondent's outpatient commitment. (1973,c. 726, s. 1; c. 1408, s. 1; 1975, cc. 322, 459; 1977, c. 400, s. 7; c. 1126,s. 1; 1979, c. 915, ss. 7, 13; 1983, c. 380, s. 6; c. 638, ss. 12, 13; c. 864,s. 4; 1985, c. 589, s. 2; c. 695, s. 8; 1987, c. 282, s. 18; 1987 (Reg. Sess.,1988), c. 1037, s. 113.1; 2000‑144, s. 38.)