§ 25-03.1-11 — Involuntary treatment - Examination - Report

North Dakota § 25-03.1-11

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

Text

1. The respondent must be examined within a reasonable time by an expert examiner as
ordered by the court. If the respondent is taken into custody under the emergency
treatment provisions of this chapter, the examination must be conducted within the
time limitations set forth in section 25-03.1-26. Any expert examiner conducting an
examination under this section may consult with or request participation in the
examination by any mental health professional and may include with the written
examination report any findings or observations by that mental health professional.
This examination report, and that of the independent examiner, if one has been
requested, must be filed with the court and immediately sent to the petitioner and the
respondent. The report must contain:
a. Evaluations of the respondent's physical condition and mental status.

b. A conclusion as to whether the respondent is a person requiring treatment, with a
clear explanation of how that conclusion was derived from the evaluation.
c. If the report concludes the respondent is a person requiring treatment, a list of
available forms of care and treatment that may serve as alternatives to
involuntary hospitalization.
d. The signature of the examiner who prepared the report.
2. For purposes of any examination conducted pursuant to this section:
a. An evaluation of a respondent's physical condition may be made only by a tier 1b
mental health professional.
b. An evaluation of a respondent's mental status may be made only by a tier 1
mental health professional.
c. An evaluation of whether the respondent is an individual with a substance use
disorder may be made only by a tier 1 mental health professional or a licensed
addiction counselor.
3. If the expert examiner concludes the respondent is not a person requiring treatment,
the court may without taking any other additional action terminate the proceedings and
dismiss the petition. If the expert examiner concludes the respondent is a person
requiring treatment, or makes no conclusion whether the respondent is a person
requiring treatment, the court shall set a date for hearing and shall give notice of
hearing to the persons designated in section 25-03.1-12. If the respondent is in
custody and is alleged to be a person who is mentally ill or a person who is both
mentally ill and has a substance use disorder, the preliminary hearing date must be
within five days, exclusive of weekends and holidays, of the date the respondent was
taken into custody through emergency commitment under section 25-03.1-25 unless a
delay or continuance is concurred in by the respondent or unless extended by the
magistrate for good cause shown. If a preliminary hearing is not required, the
treatment hearing must be held within five days, exclusive of weekends and holidays,
of the date the court received the expert examiner's report, not to exceed fourteen
days from the time the petition was served.