Originally published: . Volume 12, No. 8. Source pages: 11.
Existing law, Part III-A of Chapter 1 of Title 28 of the La. R.S., provides relative to civil involuntary outpatient treatment for persons suffering from mental illness; for petitions for court orders authorizing involuntary outpatient treatment; and for procedures of courts with respect to such petitions. Act 329 makes changes to prior law, including the following as described in the Digest:
New law changes the term "patient" to "respondent" throughout existing law.
New law deletes prior law which required that a person's history of noncompliance with mental health treatment result in certain outcomes in order to qualify him for court-ordered involuntary outpatient treatment.
New law provides that the person's history of noncompliance with mental health treatment, ipso facto, qualifies him for court-ordered involuntary outpatient treatment pursuant to existing law and new law.
Prior law provided that a petition to obtain an order authorizing involuntary outpatient treatment may be initiated by several authorized persons including any interested person through counsel with written concurrence of the coroner in the jurisdiction in which the person is found. New law deletes from prior law the requirement for written concurrence of the coroner.
New law requires the coroner in the jurisdiction in which the respondent was found to provide a written concurrence to the allegations for the respondent's involuntary outpatient treatment if ordered by the court.
New law defines "interested person" as anyone of legal age who has an interest in the outcome of a particular case, which may include but shall not be limited to any adult relative or friend of the respondent, any official or representative of a public or private agency, corporation, or association that is concerned with the respondent's welfare, or any other person found suitable by the court.
New law adds to existing law items of information to be included in petitions to the court for orders authorizing involuntary outpatient treatment.
New law requires that as soon as is practical after the filing of the petition for an order authorizing involuntary outpatient treatment, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the respondent is suffering from mental illness which renders him unlikely to voluntarily participate in the recommended treatment and, in view of the treatment history and current behavior of the respondent, he is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in him becoming dangerous to self or others or gravely disabled as defined in existing law.
New law requires that if the court determines that probable cause exists, it shall appoint a physician, psychiatric mental health nurse practitioner, or psychologist to examine the respondent and to furnish a report provided for in existing law (Physician's Report to Court) and testify at the hearing.
New law requires that the report set forth specifically the objective factors leading to the conclusion that the person has a mental illness that renders him unlikely to voluntarily participate in the recommended treatment and, in view of the treatment history and current behavior of the respondent, he is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in harm of self or others or him becoming gravely disabled defined in existing law.
New law stipulates that the report shall also include recommendations for a treatment plan. New law revises existing law concerning procedures of courts with respect to petitions for orders authorizing involuntary outpatient treatment.
New law adds a requirement stating that when a physician, psychiatric mental health nurse practitioner, or psychologist determines the respondent has failed to comply with the ordered treatment, the local governing entity, case manager, or treatment provider shall make reasonable efforts to solicit the compliance of the respondent.
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