§ 25.5-10-233 — Court-ordered sterilization

(1) A person with an intellectual
and developmental disability who has been determined to be incompetent to give
consent, the person's legal guardian, or the parents of a minor with an intellectual
and developmental disability, may petition the court to hold a hearing to determine
whether said person should be ordered to be sterilized. The petition shall set forth
the following:

(a) The name, age, and residence of the person to be sterilized;

(b) The name, address, and relation to said person of the petitioner;

(c) The names and addresses of any parents, spouse, legal guardian, or
custodian of said person;

(d) The mental condition of the person to be sterilized;

(e) A statement that the sterilization is medically necessary to preserve the
life or physical or mental health of the person, including a short and plain
description of the reasons behind the determination of medical necessity;

(f) A statement that other less intrusive measures were considered and the
reasons behind the determination that less intrusive means would not protect the
interests of the person.

(2) Upon petition to the court, the court shall appoint an attorney who will
represent the interests of the person with an intellectual and developmental
disability and one or more experts in the intellectual and developmental disability
field to examine the person and to give testimony at the hearing regarding the
person's mental and physical status and other relevant matters.

(3) The hearing on the petition must be held promptly. The person with an
intellectual and developmental disability must be represented by an attorney and
must have the opportunity to present testimony and to cross-examine witnesses.

(4) Copies of the petition and notices of the time and place of the hearing
shall be mailed, not less than ten days prior to the hearing, to the person with an
intellectual and developmental disability, that person's attorney, a parent or next of
kin, and legal guardian or custodian.

(5) Reasonable fees and costs incurred pursuant to this section shall be paid
by the court for a person who is indigent.

(6) Prior to ordering sterilization, the court must find:

(a) That the person lacks the capacity to effectively participate in the
decision-making process regarding sterilization or is a minor with an intellectual
and developmental disability;

(b) That the court has heard from the person regarding that person's desires,
if possible, and the court has considered the desires of the person;

(c) That the person lacks the capacity to make a decision regarding
sterilization and that the person's capacity to make such a decision is unlikely to
improve in the future;

(d) That the person is capable of reproduction and is likely to engage in
activities at the present or in the near future which could result in pregnancy;

(e) By clear and convincing evidence, that the sterilization is medically
necessary to preserve the life or physical or mental health of the person, including
a short and plain description of the reasons behind the determination of medical
necessity;

(f) That other less intrusive measures were considered and the reasons
behind the determination that less intrusive means would not protect the interests
of the person.

Legislative History

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