33-6-609. Failure to comply with outpatient treatment plan Action to enforce.
IF
(1) the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment proceeding of the service recipient, or the chief officer of the discharging facility files an affidavit with the court that committed the service recipient or any court with jurisdiction under chapter 6, part 5, of this title in the county where the person is being treated or is staying showing that:
(A) the person is required to be participating in outpatient treatment under § 33-6-602,
(B) the person is, without good cause, out of compliance with the treatment plan, and
(C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily,
THEN
(2) the court shall have jurisdiction to conduct original proceedings to enforce the outpatient treatment obligation, AND
(3) the court may order the person to appear before the court at a stated time not later than five (5) business days after the order is issued to determine whether the person is required by this part to be participating in the outpatient treatment and has failed, without good cause, to participate in the treatment as required, AND
(4) the order and a copy of the affidavit shall be served immediately on the person, the qualified mental health professional, and, if the discharge was under § 33-6-708, the district attorney general for the jurisdiction in which the committing court is located.
33-6-609. Failure to comply with outpatient treatment plan Action to enforce.
IF
(1) the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment proceeding of the service recipient, or the chief officer of the discharging facility files an affidavit with the court that committed the service recipient or any court with jurisdiction under chapter 6, part 5, of this title in the county where the person is being treated or is staying showing that:
(A) the person is required to be participating in outpatient treatment under § 33-6-602,
(B) the person is, without good cause, out of compliance with the treatment plan, and
(C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily,
THEN
(2) the court shall have jurisdiction to conduct original proceedings to enforce the outpatient treatment obligation, AND
(3) the court may order the person to appear before the court at a stated time not later than five (5) business days after the order is issued to determine whether the person is required by this part to be participating in the outpatient treatment and has failed, without good cause, to participate in the treatment as required, AND
(4) the order and a copy of the affidavit shall be served immediately on the person, the qualified mental health professional, and, if the discharge was under § 33-6-708, the district attorney general for the jurisdiction in which the committing court is located.
33-6-609. Failure to comply with outpatient treatment plan Action to enforce.
IF
(1) the parent, legal guardian, conservator, spouse, responsible relative, or qualified mental health professional of a service recipient who has been discharged subject to the obligation to participate in outpatient treatment, the person who initiated the commitment proceeding of the service recipient, or the chief officer of the discharging facility files an affidavit with the court that committed the service recipient or any court with jurisdiction under chapter 6, part 5, of this title in the county where the person is being treated or is staying showing that:
(A) the person is required to be participating in outpatient treatment under § 33-6-602,
(B) the person is, without good cause, out of compliance with the treatment plan, and
(C) the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily,
THEN
(2) the court shall have jurisdiction to conduct original proceedings to enforce the outpatient treatment obligation, AND
(3) the court may order the person to appear before the court at a stated time not later than five (5) business days after the order is issued to determine whether the person is required by this part to be participating in the outpatient treatment and has failed, without good cause, to participate in the treatment as required, AND
(4) the order and a copy of the affidavit shall be served immediately on the person, the qualified mental health professional, and, if the discharge was under § 33-6-708, the district attorney general for the jurisdiction in which the committing court is located.
