State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-274

§122C‑274.  Supplemental hearings.

(a)        Upon receipt of arequest for a supplemental hearing, the clerk shall calendar a hearing to beheld within 14 days and notify, at least 72 hours before the hearing, thepetitioner, the respondent, his attorney, if any, and the designated outpatienttreatment physician or center. The respondent shall be notified at least 72hours before the hearing by personally serving on him an order to appear. Otherpersons shall be notified as provided in G.S. 122C‑264(c).

(b)        The procedures forthe hearing shall follow G.S. 122C‑267.

(c)        In supplementalhearings for alleged noncompliance, the court shall determine whether therespondent has failed to comply and, if so, the causes for noncompliance. Ifthe court determines that the respondent has failed or refused to comply itmay:

(1)        Upon findingprobable cause to believe that the respondent is mentally ill and dangerous tohimself, as defined in G.S. 122C‑3(11)a., or others, as defined in G.S.122C‑3(11)b., order an examination by the same or different physician oreligible psychologist as provided in G.S. 122C‑263(c) in order todetermine the necessity for continued outpatient or inpatient commitment;

(2)        Reissue or changethe outpatient commitment order in accordance with G.S. 122C‑271; or

(3)        Discharge therespondent from the order and dismiss the case.

(d)        At the supplementalhearing for a respondent who has moved or intends to move to another county,the court shall determine if the respondent meets the criteria for outpatient commitmentset out in G.S. 122C‑263(d)(1). If the court determines that therespondent no longer meets the criteria for outpatient commitment, it shalldischarge the respondent from the order and dismiss the case. If the courtdetermines that the respondent continues to meet the criteria for outpatientcommitment, it shall continue the outpatient commitment but shall designate aphysician or center at the respondent's new residence to be responsible for themanagement or supervision of the respondent's outpatient commitment. The courtshall order the respondent to appear for treatment at the address of the newlydesignated outpatient treatment physician or center and shall order venue forfurther court proceedings under the outpatient commitment to be transferred tothe new county of supervision. Upon an order changing venue, the clerk of courtin the county where the outpatient commitment has been supervised shalltransfer the records regarding the outpatient commitment to the clerk of courtin the county where the commitment will be supervised. Also, the clerk of courtin the county where the outpatient commitment has been supervised shall send acopy of the court's order directing the continuation of outpatient treatmentunder new supervision to the newly designated outpatient treatment physician orcenter.

(e)        At any time duringthe term of an outpatient commitment order, a respondent may apply to the courtfor a supplemental hearing for the purpose of discharge from the order. Theapplication shall be made in writing by the respondent to the clerk of superiorcourt of the county where the outpatient commitment is being supervised. At thesupplemental hearing the court shall determine whether the respondent continuesto meet the criteria specified in G.S. 122C‑263(d)(1). The court mayeither reissue or change the commitment order or discharge the respondent anddismiss the case.

(f)         At supplementalhearings requested pursuant to G.S. 122C‑277(a) for transfer frominpatient to outpatient commitment, the court shall determine whether therespondent meets the criteria for either inpatient or outpatient commitment. Ifthe court determines that the respondent continues to meet the criteria forinpatient commitment, it shall order the continuation of the original commitmentorder. If the court determines that the respondent meets the criteria foroutpatient commitment, it shall order outpatient commitment for a period oftime not in excess of 90 days. If the court finds that the respondent does notmeet either criteria, the respondent shall be discharged and the casedismissed. (1983, c. 638, s. 17; c. 864, s. 4; 1985, c. 589, s.2; c. 695, s. 2; 1989 (Reg. Sess., 1990), c. 823, s. 10.)