§ 25-03.1-09 — Review of petition for involuntary treatment - Probable cause established - Respondent notified - Rights

North Dakota § 25-03.1-09

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-03.1: Commitment Procedures

Text

Respondent notified - Rights.
1. Upon the filing of a petition for involuntary treatment, the clerk of court shall
immediately notify the magistrate who shall review the petition and accompanying
documentation to determine whether it complies with requirements of section
25-03.1-08 and whether it establishes probable cause to believe the respondent is a
person requiring treatment. If probable cause has not been so established, the petition
must be dismissed unless an amendment would cure the defect.

2. If probable cause has been established, the magistrate shall cause to be served on
the respondent and the respondent's nearest relative or guardian or, if none, a friend of
the respondent:
a. A copy of the petition and supporting documentation.
b. A notice informing the respondent of the procedures required by this chapter.
c. A notice of the respondent's right to a preliminary and a treatment hearing when
in custody under section 25-03.1-25 and if mental illness or a combination of
mental illness and a substance use disorder of the respondent is alleged in the
petition, or, if not in custody or if in custody and a substance use disorder alone is
alleged in the petition, the right to a treatment hearing; of the right to be present
at the hearings; of the right to have counsel before the hearings and any
court-ordered examination; of the right to an independent evaluation; and, if the
respondent is indigent, of the right to counsel and to an independent expert
examiner, each at the expense of the county which is the respondent's place of
residence.
d. Notice that if an independent expert examiner is to be appointed, the respondent
must be given an opportunity to select that examiner.