§ 135-C:36 — Petition

New Hampshire § 135-C:36

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

Text

I. The petition for admission on an involuntary basis shall include:
(a) The name of the person sought to be admitted and his last known address.
(b) The specific acts or actions that the petitioner alleges satisfy RSA 135-C:34.
(c) A certificate from a physician, physician associate, or advanced practice registered nurse who is approved by either a designated receiving facility or a community mental health program approved by the commissioner, who has examined the person sought to be admitted within 5 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies the standard set forth in RSA 135-C:34.
(d) The names and addresses of witnesses who can testify to the occurrence of the specific acts or actions of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 135-C:34.
II. The certificate of the examining physician, physician associate, or advanced practice registered nurse made upon admission, if the person sought to be admitted is currently voluntarily admitted to a receiving facility, or a certificate of the examining physician, physician associate, or advanced practice registered nurse made prior to the admission of the person sought to be admitted to involuntary emergency admission in accordance with RSA 135-C:27-33, shall be sufficient as the certificate for the petition for involuntary admission, if made within 5 days of the date of the filing of the petition.
III. The petition for admission on an involuntary basis may include a request for appointment of a guardian over the person for the limited purpose of providing for the respondent's health care. If such a request is made, the petition shall include:
(a) The petitioner's connection with or relationship to the respondent;
(b) When appropriate, the name and address of the person or institution having care or custody over the respondent;
(c) The names and addresses of adult spouses, parents, children and siblings of the respondent, so far as they are known to the petitioner;
(d) The name, address, occupation and relationship to the respondent, if any, of the proposed guardian; and
(e) A statement containing facts which show the necessity for appointment of a guardian of the person for the purpose of providing health care, including specific allegations as to the respondent's personal actions or actual occurrences which are claimed to demonstrate his or her inability to provide for personal needs for health care.

Legislative History

1986, 212:1. 1992, 218:3. 1995, 310:18, eff. Nov. 1, 1995. 2015, 144:1, 2, eff. June 12, 2015. 2019, 278:7, eff. Sept. 17, 2019. 2025, 105:1, eff. June 17, 2025.