§ 30.1-28-17 — Involuntary treatment with prescribed medication hearing

medication may not be authorized by the court solely for the convenience of the facility
staff or for the purpose of punishment. The court in ruling on the requested
authorization to consent to involuntary treatment with prescribed mood stabilizer or
antipsychotic medication shall consider all relevant evidence presented at the hearing
including:
a. The danger the ward presents to self or others;
b. The ward's current conditions;
c. The ward's treatment history;
d. The results of previous medication trials;
e. The efficacy of current or past treatment modalities concerning the ward;
f. The ward's prognosis; and
g. The effect of the ward's mental condition on the ward's capacity to consent.
4. If the factors certified under subsection 2 have been demonstrated by clear and
convincing evidence, the court may include a finding in its findings on the petition, or
issue a separate order after notice and hearing, authorizing the guardian to provide
consent to the treating medical professional to involuntarily treat the ward with
prescribed mood stabilizer or antipsychotic medication. The order to consent to
involuntary treatment with prescribed mood stabilizer or antipsychotic medication may
not be in effect for more than ninety days, unless specifically authorized by the court.
30.1-28-17. Involuntary treatment with prescribed medication hearing.
1. The involuntary treatment with prescribed mood stabilizer or antipsychotic medication
hearing must be held within three business days of the date of the filing of the petition
unless waived by the ward or the ward has been released as a person not requiring
treatment. The court may extend the time for hearing for good cause.
2. The hearing must be held in the county of the ward's residence or location, or the
county in which the state hospital or treatment facility treating the ward is located.
3. At the hearing, evidence in support of the request must be presented by the guardian
or guardian's counsel. During the hearing, the guardian and the ward must be afforded
an opportunity to testify and to present and cross-examine witnesses. The court may
receive the testimony of any other interested person.
4. All individuals not necessary for the conduct of the proceeding must be excluded,
however, individuals having a legitimate interest in the proceeding may be admitted by
the court. The hearing must be conducted as informal as practicable, but the issue
must be tried as a civil matter.
5. Discovery and the power of subpoena permitted under the North Dakota Rules of Civil
Procedure are available to the ward. The court shall receive all relevant and material
evidence that may be offered as governed by the North Dakota Rules of Evidence.

There is a presumption in favor of the ward, and the burden of proof is upon the
petitioner to rebut the presumption in support of the petition. If the court finds that the
petition has not been sustained by clear and convincing evidence, the court shall deny
the petition.