§ 25.5-10-232 — Competency to give consent to sterilization

(1) If the
competency of the person with an intellectual and developmental disability to give
consent to sterilization is disputed by the intellectual and developmental
disabilities professional, the psychiatrist or psychologist, or physician, said person
may file a petition for declaration of competency to give consent to sterilization
with the court. Upon the filing of a petition which shows that said person is over
eighteen years of age and desires to give consent to sterilization, the court shall
immediately set a hearing to determine the person's competency to give such
consent. For the purpose of determining competency, the court shall appoint two or
more independent professional persons with expertise in the field of intellectual
and developmental disabilities who do not provide services and supports to said
person to examine said person and to present their findings as to said person's
competency to give consent to sterilization at the competency hearing.

(2) If the court determines that the person has given consent to sterilization
and is competent to give such consent, the court may order that the sterilization be
performed unless the person withdraws consent to sterilization prior to the
sterilization being performed. If the court determines that the person is
incompetent to give consent to sterilization, the court shall order that no
sterilization be performed without further court proceedings pursuant to section
25.5-10-233.

(3) Determination of competency in these proceedings is specific to the
ability to give consent to sterilization and does not determine legal competency for
any other purpose.

Legislative History

Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1778, � 1, effective March 1, 2014.