North Dakota Code 25-03.1-08 – Application to state’s attorney or retained attorney – Petition for involuntary treatment – Investigation by mental health professional
1. An individual eighteen years of age or over shall present, in good faith, the information necessary for the commitment of an individual for involuntary treatment to the state‘s attorney of the county in which the respondent is presently located, or which is the respondent’s place of residence, or to an attorney retained by the petitioner to represent the petitioner throughout the proceedings. The attorney shall assist the petitioner in completing the petition. The petition must be verified by affidavit of the petitioner and contain assertions that the respondent is a person requiring the treatment; the facts, in detail, that are the basis of that assertion; the names, telephone numbers, and addresses, if known, of any witnesses to those facts; and, if known, the name, telephone number, and address of the nearest relative or guardian of the respondent, or, if none, of a friend of the respondent.
Terms Used In North Dakota Code 25-03.1-08
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. The petition may be accompanied by any of the following:
a. A written statement supporting the petition from a tier 1 mental health professional or an addiction counselor who is practicing within the professional scope of practice and who has personally examined the respondent within forty-five days of the date of the petition.
b. One or more supporting affidavits otherwise corroborating the petition.
3. In assisting the petitioner in completing the petition, the state’s attorney may direct a tier 1 or tier 2 mental health professional designated by the regional human service center to investigate and evaluate the specific facts alleged by the petitioner. The investigation must be completed as promptly as possible and include observations of and conversation with the respondent, unless the respondent cannot be found or refuses to meet with the mental health professional. A written report of the results of the investigation must be delivered to the state’s attorney. Copies of the report must be made available upon request to the respondent, the respondent’s counsel, and any expert examiner conducting an examination under section 25-03.1-11. The state’s attorney or retained attorney shall file the petition if the information provided by the petitioner or gathered by investigation provides probable cause to believe the subject of the petition is a person requiring treatment. A state’s attorney who determines there are insufficient grounds for filing a petition may refer the individual to other community resources. A state’s attorney’s decision not to institute proceedings may be reviewed under section 11-16-06.