Necesidad de un modelo de Reglas de Negocio

No

• petition is initially fi led, due to circumstances of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.40.700.

Peace Offi cer, psychiatrist, or physician with probable cause to believe •

person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others and is in need of care or treatment, initiates a peace offi cer’s hold and take respondent to nearest evaluation facility. AS 47.30.705 & MC -105 Peace Offi cer/Mental Health Professional Application For Examination.

Mental health professional contacts judicial offi cer and requests an ex-parte •

order. AS 47.30.710 (b) & .700.

Within 48 hours after the completion of the screening investigation, a judge •

may issue an ex parte order orally or in writing, stating that there is probable cause to believe the respondent to be gravely disabled or presents the likelihood of serious harm to self or others. The order shall be provided to respondent and made part of the respondent’s clinical record. AS 47.30.700(a).

The court must confi rm an oral order in writing within 24 hours after it is •

issued. AS 47.30.700(a).

The court must provide fi ndings on which the conclusion is based, •

appoint an attorney, and may direct that a peace offi cer take respondent into custody and deliver respondent to the nearest appropriate facility for emergency examination or treatment (if that has not already occurred). AS 47.30.700(a).

MC-105 is signed by Peace Offi cer or Mental Health Professional. AS •

47.30.705(a).

The evaluation facility completes a Notice of Respondents Arrival at •

Evaluation Facility (MC-400). The person completing the form must note the name of the judicial offi cer who issued the telephonic ex parte order along with the time and date on the form.

The Petition for Initiation of Involuntary Commitment MC-100, AS 47.30.700, •

& .710 requests that the court or mental health professional conduct a screening investigation and if determined that respondent is mentally ill and that condition causes respondent to be gravely disabled or to present a likelihood of serious harm to self or others, and that the court issue an ex parte order for the temporary custody and detention for emergency examination.

The Petition must state name and address of respondent and the facts •

which make the respondent a person in need of screening investigation or hospitalization for evaluation and specify the factual information on which that belief is based including the names and addresses of all persons

known to the petitioner who have knowledge of those facts through personal observation. MC-100, AS 47.30.700.

The treatment facility is required to fax the following documents to AG’s •

offi ce and original copy to Court: MC-100, 105, 400 and 405.

Ex Parte Order (Temporary Custody for Emergency Exam/Treatment MC- •

305) is assigned to a superior court judge for signature, along with an appointment of counsel for respondent, and written authority for treatment facility to take respondent into custody.

Notice of 30-Day Commitment Hearing (MC-200) that includes date, time, •

and location for the 30-day commitment hearing if needed is prepared by the court and forwarded to the AG, treatment facility, and counsel for respondent.

NOTICE

See Appendix 2 NOTICE RIGHTS

See Appendix 3 RIGHTS

MC-405 Notice of Rights Upon Detention for Evaluation TIMEFRAMES

A respondent who is delivered under AS 47.30.700 - 47.30.705 to an •

evaluation facility for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility. AS 47.10.710(a).

Unless a respondent is released or voluntarily admitted for treatment within

• 72

hours of arrival at the facility or, if the respondent is evaluated by evaluation personnel, within 72 hours from the beginning of the respondent’s meeting with evaluation personnel, the respondent is entitled to a court hearing to be set for not later than the end of that 72-hour period to determine whether there is cause for detention after the 72 hours have expired for up to an additional 30 days on the grounds that the respondent is mentally ill, and as a result presents a likelihood of serious harm to the respondent or others, or is gravely disabled. The facility or evaluation personnel shall give notice to the court of the releases and voluntary admissions under AS 47.30.700 - 47.30.815. AS 47.30.725(b).

Respondent, if represented by counsel, may waive, orally or in writing, the •

72-hour time limit on the 30-day commitment hearing and have the hearing set for a date no more than seven calendar days after arrival at the facility.

1

The respondent’s counsel shall immediately notify the court of the waiver. AS 47.30.725(f).

Within 48 hours

• after the completion of the screening investigation, a judge may issue an ex parte order orally or in writing, stating that there is probable cause to believe the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others. AS 47.30.700(a).

When a facility receives a proper order for evaluation, it must accept the order •

and the respondent for an evaluation period not to exceed 72 hours. The facility must promptly notify the court of the date and time of the respondent’s arrival. The court sets a date, time and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent’s arrival, and the court notifi es the facility, the respondent, the respondent’s attorney, and the prosecuting attorney of the hearing arrangements. Evaluation personnel, when used, shall similarly notify the court of the date and time when they fi rst met with the respondent. AS 47.30.715.

Computing Periods of Time. Except when respondent is voluntarily •

absent or fails to appear in violation of an order under AS 47.30.66, computations of a 72-hour evaluation period under AS 47.30.715 or a 48-hour detention period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the respondent to the treatment facility. AS 47.30.805.