§ 28:54 — Judicial commitment; procedure

Louisiana § 28:54

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§54. Judicial commitment; procedure
A. The department or any person of legal age may file with the court a petition which
asserts his belief that a person is suffering from mental illness which contributes or causes
that person to be a danger to himself or others or to be gravely disabled, or is suffering from
a substance-related or addictive disorder which contributes or causes that person to be a
danger to himself or others or to be gravely disabled and may thereby request a hearing. The
petition may be filed in the judicial district in which the respondent is confined, or if not
confined, in the judicial district where he resides or may be found. The hearing shall not be
transferred to another district except for good cause shown. A petitioner who is unable to
afford an attorney may seek the assistance of any legal aid society or similar agency if
available.
B.(1) The petition shall contain the facts that are the basis of the assertion and
provide the respondent with adequate notice and knowledge relative to the nature of the
proceedings.
(2)(a) In addition, the petition shall contain the following information regarding the
respondent:
(i) Name.
(ii) Date of birth.
(iii) Alias names, if any.
(iv) Social security number.
(v) Sex.
(vi) Race.
(b) If the petitioner is unable to provide any of the information listed in this
Subparagraph, the petitioner shall include in the petition the reasons why that information
cannot be provided.
C.(1) Upon the filing of the petition, the court shall assign a time, not later than
eighteen calendar days thereafter, and a place for a hearing upon the petition, and shall cause
reasonable notice thereof to be delivered at least ten days prior to the hearing to the
respondent, respondent's attorney, the petitioner, and the Louisiana Department of Health,
bureau of legal services. The court may overrule any objections made as to notice being
delivered less than ten days prior to the hearing, if there is good cause shown as to why the
notice was delivered untimely.
(2) The notice shall inform the respondent of all of the following:
(a) That he has a right to be present at the hearing.
(b) That he has a right to counsel.
(c) That he, if indigent or otherwise qualified, has the right to have counsel appointed
to represent him by the Mental Health Advocacy Service.
(d) That he has the right to cross-examine witnesses testifying at any hearing on the
application.
D.(1) As soon as practical after the filing of the petition, 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 contributes to his being or
causes him to be a danger to himself or others or gravely disabled, or is suffering from a
substance-related or addictive disorder which contributes to his being or causes him to be a
danger to himself or others or gravely disabled. If the court determines that probable cause
exists, the court shall appoint a physician, preferably a psychiatrist, or medical psychologist
to examine the respondent and make a written report to the court and the respondent's
attorney on the form provided by the office of behavioral health of the Louisiana Department
of Health. The court-appointed physician or medical psychologist may be the respondent's
treating physician or medical psychologist. The written report shall be made available to
counsel for the respondent at least three days before the hearing. This report shall set forth
specifically the objective factors leading to the conclusion that the person has a mental illness
or suffers from a substance-related or addictive disorder, the actions or statements by the
person leading to the conclusion that the mental illness or substance-related addictive
disorder causes the person to be dangerous to himself or others or to be gravely disabled and
in need of immediate treatment as a result of such illness or disorder, and why involuntary
confinement and treatment are indicated. The following criteria should be considered by the
physician or medical psychologist:
(a) The respondent is suffering from serious mental illness which contributes or
causes him to be dangerous to himself or others or to be gravely disabled or from a
substance-related or addictive disorder which contributes or causes him to be dangerous to
himself or others or to be gravely disabled.
(b) The respondent's condition is likely to deteriorate needlessly unless he is
provided appropriate medical treatment.
(c) The respondent's condition is likely to improve if he is provided appropriate
medical treatment.
(2) The respondent or his attorney shall have the right to seek an additional
independent medical opinion, when necessary, in their discretion. If the respondent is
indigent, this opinion may be paid for by the Mental Health Advocacy Service, upon the
approval of its executive director. Reasonable compensation of the appointed examining
physicians and all court costs shall be established by the court and ordered paid by
respondent or petitioner in the discretion of the court. If it is determined by the court that the
costs shall not be borne by the respondent or the petitioner, then compensation to the
physicians and all court costs shall be paid from funds appropriated to the judiciary, but such
court costs shall not exceed the sum of one hundred twenty-five dollars.
(3) If the respondent refuses to be examined by the court-appointed physician or
medical psychologist as herein provided, or if the judge, after reviewing the petition and an
affidavit filed pursuant to R.S. 28:53.2 or the report of the treating physician or medical
psychologist or the court-appointed physician or medical psychologist, finds that the
respondent has a mental illness or is suffering from a substance-related or addictive disorder
and is in need of immediate hospitalization to protect the person or others from physical
harm, or that the respondent's condition may be markedly worsened by delay, then the court
may issue a court order for custody of the respondent, and a peace officer shall deliver the
respondent to a treatment facility designated by the court. The court shall also issue an order
to the treatment facility authorizing detention of the respondent until the commitment hearing
is completed, unless he is discharged by the director or administrator.
(4) Unless the individual is currently hospitalized or under an emergency certificate,
he shall be allowed to remain in his home or other place of residence pending an ordered
examination and to return to his home or other place of residence upon completion of the
examination. An examining physician may execute an emergency certificate pursuant to R.S.
28:53 if he deems that action appropriate. In such a case, the respondent shall be admitted
pursuant to R.S. 28:53 pending the hearing on the petition.
E.(1) Public and private general hospitals and their personnel who provide services
in good faith for commitments defined in this Part shall not be liable for damages suffered
by the patient as a result of the commitment or damages caused by the patient during the term
of the commitment, unless the damage or injury was caused by willful or wanton negligence
or gross misconduct. This limitation shall only apply to public and private general hospital
personnel who within the preceding twelve-month period have received appropriate training
in nonviolent crisis intervention and such training has been documented in their personnel
files. The training shall be provided by an instructor who has attended a course in crisis
intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S.
40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C.
1395dd.

Legislative History

Amended by Acts 1972, No. 154, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1980, No. 682, §1; Acts 1982, No. 209, §1; Acts 1990, No. 204, §1; Acts 1993, No. 899, §1; Acts 2005, No. 480, §1; Acts 2013, No. 220, §10, eff. June 11, 2013; Acts 2013, No. 403, §2, eff. Jan. 1, 2014; Acts 2013, No. 404, §2, eff. Jan. 1, 2014; Acts 2014, No. 181, §1; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017.