§ 25-10-110 — Involuntary hospitalization proceedings

Wyoming § 25-10-110

• Jurisdiction: Wyoming
• Title 25: Institutions of the State
• Ch. 10: HOSPITALIZATION OF MENTALLY ILL PERSONS
• Art. 1: GENERAL PROVISIONS

Text

(a) Proceedings for the involuntary hospitalization of a
person may be commenced by the filing of a written application
with the court in the county in which the person is initially
detained. Proceedings may also be initiated in the county in
which there is a designated hospital if there is a written
agreement executed by the county in which the person resides and
the designated hospital stating that the county in which the
person resides will be responsible for costs of treatment under
W.S. 25-10-112(e) that are not covered by the state. The
application shall be accompanied by either:
(i) A certificate of an examiner stating:
(A) That he has examined the proposed patient
not more than fifteen (15) days prior to the date that the
application was filed under this subsection;
(B) His findings and the proposed patient's
history; and
(C) His opinion that the proposed patient is
mentally ill; or
(ii) A written statement by the applicant and by an
examiner that the proposed patient has refused to submit to
examination by an examiner, together with a statement of the
facts and circumstances supporting the application.
(b) Unless the proposed patient is represented by counsel,
the court shall appoint an attorney to represent him.
(c) Proceedings under this section shall be entitled "In
the Interest of ....". The county attorney of the county where
the application is filed shall appear in the public interest.
The court shall expedite the proceedings.
(d) Upon receipt of an application, the court shall issue
notice thereof to the proposed patient, the person responsible
for the care or custody of the proposed patient, any gatekeeper
designated by the department and other persons designated by the
court. The notice shall be served as provided by the Wyoming
Rules of Civil Procedure. The notice shall apprise the proposed
patient:
(i) Of the purpose of the proceeding;
(ii) Of the identity of the appointed examiner, and
his authority to conduct an examination;
(iii) Of his right to counsel, the identity of
counsel appointed by the court to represent him and his right to
counsel of his own selection;
(iv) Of the requirements for an involuntary
hospitalization order under subsection (j) of this section;
(v) Of the basis for the proposed hospitalization,
including a detailed statement of the facts and supporting
testimony;
(vi) That a hearing will be held if warranted by the
report of the examination of the proposed patient; and
(vii) Of the identity of any gatekeeper designated by
the department pursuant to W.S. 25-10-112(g).
(e) The court shall appoint one (1) or more examiners to
examine the proposed patient and to make a written report to the
court of the findings as to the history and mental illness of
the proposed patient. The court may order the proposed patient
to appear for examination and if the proposed patient does not
appear the court may compel his appearance. The examination
shall be held at a hospital, a medical facility, the home of the
proposed patient or any other suitable place which will not have
a harmful effect on his health. The examination shall be
conducted no later than seven (7) days from the date of the
notice. If the examination is conducted by an examiner other
than a licensed physician, licensed psychiatrist or licensed
psychologist, the court shall appoint a licensed physician,
licensed psychiatrist or licensed psychologist to review the
findings of the examiner and conduct a further examination, if
indicated, and to report to the court.
(f) If the examiner reports the proposed patient is not
mentally ill, the court shall terminate the proceedings. If the
examiner reports the proposed patient is mentally ill, the court
shall fix a date for and give notice of a hearing to be held as
soon as possible. The notice shall satisfy the requirements of
paragraphs (d)(i) through (vii) of this section.
(g) Within five (5) days of receipt of the notice of
hearing, the proposed patient or his counsel may request a
hearing before a jury. If upon the basis of the appointed
examiner's report or from other information available to the
court, the court concludes that the proposed patient does not
understand his rights, the court may call a jury upon its own
motion or upon the request of the person responsible for the
care and custody of the proposed patient. A jury shall be
selected pursuant to W.S. 1-11-101 through 1-11-129, and the
proceedings shall follow the Wyoming Rules of Civil Procedure.
(h) The proposed patient, the applicant, and all others to
whom notice is required may appear at the hearing to testify and
may present witnesses. The court shall consider the testimony of
any gatekeeper designated by the department and may receive the
testimony of other persons. The proposed patient shall be
present at the hearing unless he waives his right to appear. All
persons not necessary to protect the rights of the parties shall
be excluded from the hearing. The hearing shall be conducted in
as informal a manner as is consistent with orderly procedure and
in a physical setting which will not have a harmful effect on
the mental health of the proposed patient. Any hearing conducted
under this subsection shall be recorded by the court reporter or
by electronic, mechanical or other appropriate means.
(j) If, upon completion of the hearing and consideration
of the record, the court or the jury finds by clear and
convincing evidence that the proposed patient is mentally ill
the court shall consider the least restrictive and most
therapeutic alternatives, give consideration to any
recommendations by the gatekeeper and shall:
(i) Order his hospitalization, assign him to a
hospital, and:
(A) Send to the hospital, with the patient a
certified copy of the findings of fact and order and a copy of
the examiner's report;
(B) Specify where he will be detained pending
transportation to the hospital. No person shall be detained in a
nonmedical facility used for detention of persons charged with
or convicted of penal offenses except during an extreme
emergency;
(C) Order his transportation to the hospital
with proper clothing and personal effects;
(D) Notify his next of kin or the person
responsible for his care and custody and the proposed treatment
provider or hospital of the court's order;
(E) Make findings as to his competence to make
informed choices regarding treatment and his need for prescribed
psychotropic medication. If the court finds the person
incompetent to make an informed decision, the court may order
the administration of prescribed psychotropic medication. The
order for medication shall be reviewed by a physician upon
commitment and by a psychiatrist upon admission to the hospital.
The prescribed medication shall be continued if found medically
appropriate by the investigation review committee of the
hospital or institution, subject to review by the medical
director of the hospital or institution. Any action by the
medical director of the hospital or institution shall be
reviewable pursuant to the Wyoming Administrative Procedure Act.
All orders for prescribed medication or a summary of all orders
shall be provided to the gatekeeper designated by the department
under W.S. 25-10-112(g).
(ii) Repealed by Laws 2016, ch. 102, § 3.
(iii) Order the proposed patient be treated in a
directed outpatient commitment pursuant to W.S. 25-10-110.1 if
the court finds continuous inpatient hospitalization is not
required and the proposed patient would be more appropriately
treated in a directed outpatient commitment; or
(iv) Order any disposition for which private
resources are available and which is consistent with the best
interests of the proposed patient and with public safety.
(k) The court is authorized to appoint a special
commissioner to assist in the conduct of hospitalization
proceedings. In proceedings under this act, regularly appointed
court commissioners may exercise the authority granted by W.S.