§ 135-C:31 — Involuntary Emergency Admission Hearing; Rules

New Hampshire § 135-C:31

• Jurisdiction: New Hampshire
• Title X: PUBLIC HEALTH
• Ch. 135-C: NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
• Subdivision: Involuntary Emergency Admissions

Text

I. Within 3 days after an involuntary emergency admission, not including Sundays and holidays, and subject to the notice requirements of RSA 135-C:24, there shall be a probable cause hearing in the district court having jurisdiction to determine if there was probable cause for involuntary emergency admission. The burden shall be on the petitioner to show that probable cause existed. The court shall render its written decision as soon as possible after the close of the hearing, but not later than the end of the court's next regular business day.
II. The person sought to be admitted or the petitioner may request a continuance of the probable cause hearing. Such requests shall be granted only for good cause but in no case shall continuance be granted for more than 2 days. Any continuance granted for good cause shall not extend the period of involuntary emergency admission.
III. The person sought to be admitted may, in writing, waive the probable cause hearing required under this section. Such waiver shall state that the person sought to be admitted has made an informed decision to waive the probable cause hearing and that he or she understands that such a waiver shall result in his or her admission on an emergency basis for a period not to exceed 10 days, not including Saturdays and Sundays, except as specified in RSA 135-C:32. The waiver shall be executed before a justice of any district or municipal court. If the person sought to be admitted is found by the court to be incapable of making an informed decision to waive probable cause, then the waiver may be executed by that person's attorney subject to the review of the court.
IV. For 48 hours prior to the hearing the person sought to be admitted shall not be given medication or treatment that would adversely affect his judgment or limit his ability to prepare for the hearing unless the person sought to be admitted makes an informed decision to consent to treatment or unless a medical or psychiatric emergency exists. If medication is given to the person sought to be admitted prior to the probable cause hearing, it shall be the affirmative obligation of the physician prescribing the medication to advise the district court of the nature of the medication, the reason for it, and its probable effect upon the person. Such notice may be transmitted to the court in writing prior to the hearing or may be presented by the physician at the hearing. The jurisdiction for the probable cause hearing shall be in the district court in the city or town where the person is detained. Upon the request of the person sought to be admitted or that person's attorney, a change of venue or transfer may be granted for good cause shown.
V. If a receiving facility has not been designated to receive or maintain custody following a probable cause hearing of a person admitted under RSA 135-C:27-33, the facility shall, within 24 hours, transfer the person to a receiving facility which has the proper designation. A receiving facility may transfer a person admitted under RSA 135-C:27-33 to another receiving facility if that receiving facility can better provide the degree of security and treatment required for the person. All transfers shall receive prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons to be transferred.

Legislative History

1986, 212:1. 1992, 218:2. 1995, 310:86. 2010, 293:2, eff. Sept. 11, 2010.