§ 122C-292 — Rehearings

North Carolina § 122C-292

• Jurisdiction: North Carolina
• Ch. 122C: Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
• Art. 5: Procedure for Admission and Discharge of Clients

Text

(a) Fifteen days before the end of the initial or subsequent periods of commitment if the area facility or physician determines that the respondent continues to meet the criteria specified in G.S. 122C-283(d)(1), the clerk of superior court of the county where commitment is supervised shall be notified. The clerk, at least 10 days before the end of the commitment period, on order of the district court, shall calendar the rehearing. If the respondent no longer meets the criteria, the area facility or physician shall so notify the clerk who shall dismiss the case.
(b) Rehearings are governed by the same notice and procedures as initial hearings, and the respondent has the same rights that were available to the respondent at the initial hearing including the right to appeal.
(c) If the court finds that the respondent no longer meets the criteria of G.S. 122C-283(d)(1), it shall unconditionally discharge him. A copy of the discharge order shall be furnished by the clerk to the designated area facility or physician. If the respondent continues to meet the criteria of G.S. 122C-283(d)(1), the court may order commitment for additional periods not in excess of 365 days each. (1973, c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s. 9; 1979, c. 915, ss. 9, 17; 1981, c. 537, ss. 2-4; 1983, c. 638, ss. 18-19; 864, s. 4; 1985, c. 589, s. 2; 2018-33, s. 41.)