North Dakota Code 25-03.1-09 – Review of petition for involuntary treatment – Probable cause established – Respondent notified – Rights
1. Upon the filing of a petition for involuntary treatment, the clerk of court shall immediately notify the magistrate who shall review the petition and accompanying documentation to determine whether it complies with requirements of section 25-03.1-08 and whether it establishes probable cause to believe the respondent is a person requiring treatment. If probable cause has not been so established, the petition must be dismissed unless an amendment would cure the defect.
Terms Used In North Dakota Code 25-03.1-09
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- 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.
- 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.
2. If probable cause has been established, the magistrate shall cause to be served on the respondent and the respondent’s nearest relative or guardian or, if none, a friend of the respondent:
a. A copy of the petition and supporting documentation.
b. A notice informing the respondent of the procedures required by this chapter.
c. A notice of the respondent’s right to a preliminary and a treatment hearing when in custody under section 25-03.1-25 and if mental illness or a combination of mental illness and a substance use disorder of the respondent is alleged in the petition, or, if not in custody or if in custody and a substance use disorder alone is alleged in the petition, the right to a treatment hearing; of the right to be present at the hearings; of the right to have counsel before the hearings and any court-ordered examination; of the right to an independent evaluation; and, if the respondent is indigent, of the right to counsel and to an independent expert examiner, each at the expense of the county which is the respondent’s place of residence.
d. Notice that if an independent expert examiner is to be appointed, the respondent must be given an opportunity to select that examiner.