State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-290

§ 122C‑290.  Duties forfollow‑up on commitment order.

(a)        The area authorityor physician responsible for management and supervision of the respondent'scommitment and treatment may prescribe or administer to the respondentreasonable and appropriate treatment either on an outpatient basis or in a 24‑hourfacility.

(b)        If the respondentwhose treatment is provided on an outpatient basis fails to comply with all orpart of the prescribed treatment after reasonable effort to solicit therespondent's compliance or whose treatment is provided on an inpatient basis isdischarged in accordance with G.S. 122C‑205.1(b), the area authority orphysician may request the clerk or magistrate to order the respondent takeninto custody for the purpose of examination. Upon receipt of this request, theclerk or magistrate shall issue an order to a law enforcement officer to takethe respondent into custody and to take him immediately to the designated areaauthority or physician for examination. The custody order is valid throughoutthe State. The law enforcement officer shall turn the respondent over to thecustody of the physician or area authority who shall conduct the examinationand release the respondent or have the respondent taken to a 24‑hourfacility upon a determination that treatment in the facility will benefit therespondent. Transportation to the 24‑hour facility shall be provided asspecified in G.S. 122C‑251, upon notice to the clerk or magistrate thattransportation is necessary, or as provided in G.S. 122C‑408(b). Ifplacement in a 24‑hour facility is to exceed 45 consecutive days, thearea authority or physician shall notify the clerk of court by the 30th day andrequest a supplemental hearing as specified in G.S. 122C‑291.

(c)        If the respondentintends to move or moves to another county within the State, the area authorityor physician shall notify the clerk of court in the county where the commitmentis being supervised and request that a supplemental hearing be calendared.

(d)        If the respondentmoves to another state or to an unknown location, the designated area authorityor physician shall notify the clerk of superior court of the county where thecommitment is supervised and the commitment shall be terminated. (1983, c. 638, s. 16; c. 864,s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c. 863, s. 32; 1987, c. 674,s. 2; c. 750; 2004‑23, s. 2(c).)