New Hampshire Revised Statutes 135-C:47 – Amended Orders
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I. The court issuing an order for treatment, other than inpatient treatment at a receiving facility, shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, any person may petition the probate court having jurisdiction for a hearing on whether the order should be amended or the person should be involuntarily admitted to a receiving facility.
II. The court issuing an order for inpatient treatment at a receiving facility may retain jurisdiction of the case for the duration of the order. The court may include in its order a provision requiring the petitioner or the receiving facility to show cause upon a date set by the court as to why the person has not been granted a conditional discharge under N.H. Rev. Stat. § 135-C:50.
(a) At such a proceeding, the burden shall be upon the petitioner or the receiving facility to demonstrate by a preponderance of the evidence that either:
(1) The person has been offered a conditional discharge, the conditions of the discharge were reasonable and appropriate, and the person has not consented to those conditions; or
(2) The person requires further inpatient treatment at the receiving facility.
(b) After hearing all the evidence, the court may order the respondent to be released, or to submit to continued inpatient treatment on an involuntary basis. The court may set a new date upon which the petitioner or receiving facility shall show cause as to why the person has not been granted a conditional discharge under N.H. Rev. Stat. § 135-C:50. No order made pursuant to this paragraph shall be valid for longer than the period of time remaining on the original order of involuntary admission.
(c) At any show cause hearing held under this paragraph, the respondent shall have the right to legal counsel, to present evidence on his own behalf, to have a closed hearing unless he requests otherwise, and to cross-examine witnesses. A transcript, which may consist only of any audio recording of the proceedings, shall be made of the entire proceeding.
II. The court issuing an order for inpatient treatment at a receiving facility may retain jurisdiction of the case for the duration of the order. The court may include in its order a provision requiring the petitioner or the receiving facility to show cause upon a date set by the court as to why the person has not been granted a conditional discharge under N.H. Rev. Stat. § 135-C:50.
Terms Used In New Hampshire Revised Statutes 135-C:47
- Conditional discharge: means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission. See New Hampshire Revised Statutes 135-C: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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probate: Proving a will
- Receiving facility: means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system. See New Hampshire Revised Statutes 135-C:2
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Treatment: means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. See New Hampshire Revised Statutes 135-C:2
(a) At such a proceeding, the burden shall be upon the petitioner or the receiving facility to demonstrate by a preponderance of the evidence that either:
(1) The person has been offered a conditional discharge, the conditions of the discharge were reasonable and appropriate, and the person has not consented to those conditions; or
(2) The person requires further inpatient treatment at the receiving facility.
(b) After hearing all the evidence, the court may order the respondent to be released, or to submit to continued inpatient treatment on an involuntary basis. The court may set a new date upon which the petitioner or receiving facility shall show cause as to why the person has not been granted a conditional discharge under N.H. Rev. Stat. § 135-C:50. No order made pursuant to this paragraph shall be valid for longer than the period of time remaining on the original order of involuntary admission.
(c) At any show cause hearing held under this paragraph, the respondent shall have the right to legal counsel, to present evidence on his own behalf, to have a closed hearing unless he requests otherwise, and to cross-examine witnesses. A transcript, which may consist only of any audio recording of the proceedings, shall be made of the entire proceeding.