Louisiana Revised Statutes 28:66 – Criteria for civil involuntary outpatient treatment
Terms Used In Louisiana Revised Statutes 28:66
- Dangerous to self: means the condition of a person whose behavior, significant threats or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or sever emotional harm upon his own person. See Louisiana Revised Statutes 28:2
- Gravely disabled: means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, or shelter, as a result of serious mental illness or a substance-related or addictive disorder and is unable to survive safely in freedom or protect himself from serious physical harm or significant psychiatric deterioration. See Louisiana Revised Statutes 28:2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Petition: means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility. See Louisiana Revised Statutes 28:2
- Respondent: means a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and for whom an application for commitment to a treatment facility has been filed. See Louisiana Revised Statutes 28:2
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
A. A respondent may be ordered to obtain civil involuntary outpatient treatment if the court finds that all of the following conditions apply:
(1) The respondent is eighteen years of age or older.
(2) The respondent is suffering from a mental illness.
(3) The respondent is unlikely to survive safely in the community without supervision.
(4) The respondent has a history of lack of compliance with treatment for mental illness.
(5) The respondent is, as a result of his mental illness, unlikely to voluntarily participate in treatment.
(6) In view of the treatment history and current behavior of the respondent, the respondent is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in the respondent’s becoming dangerous to self or others or gravely disabled as defined in La. Rev. Stat. 28:2.
(7) It is likely that the respondent will benefit from involuntary outpatient treatment.
B.(1) If the respondent has executed an advance directive as defined in La. Rev. Stat. 28:221, any directions included in the directive shall be taken into account by the court in determining the written treatment plan.
(2) Nothing in this Section shall preclude a person with an advance directive from being subject to a petition pursuant to this Part.
Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.