Louisiana Revised Statutes 28:454.6 – Judicial hearings; commitments
Terms Used In Louisiana Revised Statutes 28:454.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dangerous to others: means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future. See Louisiana Revised Statutes 28:451.2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
- Developmental disabilities services: means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services. See Louisiana Revised Statutes 28:451.2
- Developmental disability: means either:
(a) A severe, chronic disability of a person that:
(i) Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments. See Louisiana Revised Statutes 28:451.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Most integrated setting: is a n environment that includes the full range of service and support options that reflect the desires and goals of the person and that address the needs of the person and which promotes the full participation in daily life and activities. See Louisiana Revised Statutes 28:451.2
- Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
- 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
- Support plan: means an individualized plan that coordinates supports and services to assist the person in reaching his desired outcomes and reflects the vision, personal preferences, life goals, and diverse formal and informal support needs of the person. See Louisiana Revised Statutes 28:451.2
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. The hearing shall take precedence over all other matters, except pending cases of the same type, and shall be a closed hearing. The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall adhere to the following:
(1) Admitting evidence according to the usual rules of evidence.
(2) Admitting first such witnesses and evidence that tend to show that the person who is the subject of the petition is a proper subject for involuntary commitment.
(3) The respondent has a right to be present unless the court finds that he knowingly, voluntarily, and intelligently has waived his presence.
(4) The respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing.
(5) If the department is not the petitioner, the department or its counsel may present evidence, call witnesses, and cross-examine any witness testifying at the hearing.
(6) If the respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects.
(7) The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment.
B. If the court finds by clear and convincing evidence that the respondent has a developmental disability and is either dangerous to himself or dangerous to others, it may render a judgment for his commitment. Courts committing persons to the custody of the department shall not make such commitments to specific private or public facilities but shall only commit such individuals to the department. If the department is not the petitioner, the parties shall first consult with the department or its counsel before entering into a judgment stipulating to a commitment of the respondent to the department. When the judgment results in a commitment of the respondent to the department, either ordered by the court or through stipulation of the parties, the court shall cause reasonable notice of the judgment thereof to be delivered to the department.
C. The department shall present a support plan to the committing court for its approval before formal admission into a specific residential living option or developmental disabilities services or both. The department shall present the support plan to the court annually for its review and approval. Any order of commitment to the department and any admission of a respondent in a residential living option shall be in the most integrated setting with consideration given the needs, desires and choice of the respondent, and shall be in accordance with the following conditions:
(1) The admission can be reasonably accommodated taking into account the resources available to the state and the needs of others with developmental disabilities.
(2) The respondent shall be subject to the admission criteria for that service setting.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2017, No. 370, §1, eff. June 23, 2017; Acts 2019, No. 307, §1, eff. June 11, 2019.