§ 25-5-121 — Rights of proposed client and notified persons; confidentiality of hearing; admissibility of screening reports; findings by court or jury; amendment of admission order

Wyoming § 25-5-121

• Jurisdiction: Wyoming
• Title 25: Institutions of the State
• Ch. 5: LIFE RESOURCE CENTER

Text

(a) The proposed client has the right to appear, to be
heard and to participate in every stage of the hearing unless
the court finds that it would not be in the best interests of
the proposed client. The court shall not exclude the proposed
client from the hearing unless the application is accompanied by
a written statement from a licensed physician and a court
designated examiner, appointed at the time of the application,
who is in no other manner involved in the proceedings, that
attendance at the hearing would injure the proposed client's
health and well-being and describing his medical condition.
(b) The proposed client is entitled, upon request, to a
jury trial on the issue of his admission. The jury shall be
selected pursuant to W.S. 1-11-101 through 1-11-129.
(c) The court shall exclude all persons not having an
interest in the application. Unless the court orders an open
hearing or the proposed client requests a jury trial, the
hearing is confidential and shall be held in closed court.
(d) Any person to whom notice is required to be given by
W.S. 25-5-120 may testify and may present and cross-examine
witnesses. The court may receive the testimony of other persons
in its discretion. The screening and assessment report required
by W.S. 25-5-115, and any independent screening and assessment
made under W.S. 25-5-119, may be admitted as evidence and shall
not be excluded on the ground of hearsay alone.
(e) If the court or jury finds that specific care,
treatment and service alternatives are available which are more
appropriate than the center for the proposed client, the
application shall be denied. If the court or jury finds by clear
and convincing evidence that admission to the center would
provide the most appropriate services for the proposed client,
the court shall order the admission. In case of a nonjury
hearing, the court shall enter findings of fact with the order
of admission.
(f) The proposed client or if a minor or ward, his parents
or guardian or the center may petition the court to amend its
order of admission on the grounds that appropriate and necessary
services to the proposed client are available in a less
restrictive environment than the center. The court may amend its
order after notice and hearing pursuant to this act.