North Carolina General Statutes 122C-202.2. LME/MCO community crisis services plan; commitment examiners; transporting agencies; training; collaboration
(a) Every LME/MCO shall adopt a community crisis services plan in accordance with this section to facilitate first examination in conjunction with a health screening at the same location required pursuant to Parts 7 and 8 of this Article within its catchment area. The community crisis services plan for the LME/MCO’s catchment area shall be comprised of separate plans, known as “local area crisis services plans” for each of the local areas or regions within the catchment area that the LME/MCO identifies as an appropriate local planning area, taking into consideration the available resources and interested stakeholders within a particular geographic area or region of the catchment area. Each LME/MCO may determine the number and geographic boundaries of the local planning areas within its catchment area. Each local area crisis services plan shall, for the local area covered by the local plan, do at least all of the following:
(1) Incorporate the involuntary commitment transportation agreement adopted pursuant to N.C. Gen. Stat. § 122C-251(g) for the cities and counties within the local planning areas which identifies the law enforcement officers, designees under N.C. Gen. Stat. § 122C-251(g), or individuals or entities otherwise required to provide custody and transportation of a respondent for a first examination in conjunction with a health screening at the same location required by N.C. Gen. Stat. § 122C-263(a) and N.C. Gen. Stat. § 122C-283 Notwithstanding the foregoing, counties and cities shall retain the responsibilities for custody and transportation set forth in this Article, except as otherwise set forth in a plan developed, agreed upon, and adopted in compliance with this section and N.C. Gen. Stat. § 122C-251(g).
Terms Used In North Carolina General Statutes 122C-202.2
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
(2) Identify one or more area facilities or other locations in accordance with N.C. Gen. Stat. § 122C-263 and N.C. Gen. Stat. § 122C-283 Each LME/MCO shall contract with one or more facilities or other locations described in N.C. Gen. Stat. § 122C-263 and N.C. Gen. Stat. § 122C-283 for the provision of health screenings and first examinations required by N.C. Gen. Stat. § 122C-263 and N.C. Gen. Stat. § 122C-283 for the provision of first examination in conjunction with a health screening required by N.C. Gen. Stat. § 122C-263 and N.C. Gen. Stat. § 122C-283, to meet the needs of its local planning area.
(3) Identify available training for law enforcement personnel and other persons designated or required under N.C. Gen. Stat. § 122C-251(g) to provide transportation and custody of involuntary commitment respondents. Law enforcement officers may request to participate in the training program identified by the LME/MCO. Persons who are designated in compliance with N.C. Gen. Stat. § 122C-251(g) to provide all or part of the transportation and custody required for involuntary commitment proceedings under this Article and who are not law enforcement officers shall participate in the training. To the extent feasible, the identified training shall address the use of de-escalation strategies and techniques, the safe use of force and restraint, respondent rights relevant to custody and transportation, the location of any area facilities identified by the LME/MCO pursuant to subdivision (1) of this subsection, and the completion and return of the custody order to the clerk of superior court. The training identified by the LME/MCO may be comprised of one or more programs and may include a Crisis Intervention Team program or other mental health training program or a combination of these programs.
(b) Law enforcement agencies, acute care hospitals, magistrates, area facilities with identified commitment examiners, and other affected agencies shall participate with the LME/MCO in the development of the local area crisis services plans described in this section. Other stakeholders and community partners identified by the LME/MCO may be invited to participate in the planning. No local area crisis services plan developed under this section shall be adopted or thereafter be effective or implemented unless such plan first has been mutually agreed upon in writing by all entities identified in the plan pursuant to subsection (a) of this section. If any member of the Crisis Planning Committee fails to agree to the plan in writing, the Secretary shall develop a procedure to attempt to resolve the conflict in order to achieve approval of the Plan.
(c) The plans adopted under this section may, by mutual agreement of all entities identified in the plan, address any other matters necessary to facilitate the custody, transportation, examination, and treatment of respondents to commitment proceedings under Parts 7 and 8 of this Article. (2018-33, s. 8.)