Utah Code 26B-7-311. Court determination for an order of restriction after examination period
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(1) The court shall set a hearing regarding the involuntary order of restriction of an individual or group of individuals, to be held within 10 business days of the issuance of its order of restriction issued pursuant to Section 26B-7-310 , unless the petitioner informs the court prior to this hearing that the individual or group of individuals:
Terms Used In Utah Code 26B-7-311
- Dangerous public health condition: means any of the following:(2)(a) cholera;(2)(b) pneumonic plague;(2)(c) severe acute respiratory syndrome;(2)(d) smallpox;(2)(e) tuberculosis;(2)(f) any viral hemorrhagic fever;(2)(g) measles; or(2)(h) any infection:(2)(h)(i) that is new, drug resistant, or reemerging;(2)(h)(ii) that evidence suggests is likely to cause either high mortality or morbidity; and(2)(h)(iii) only if the relevant legislative body of the county where the infection is located approves as needing containment. See Utah Code 26B-7-301
- 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.
- Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Threat to public health: means a situation where a dangerous public health condition could spread to other individuals. See Utah Code 26B-7-301
(1)(a) are not subject to restriction; or(1)(b) have stipulated to the issuance of an order of restriction.(2) If the individual or an individual in a group of individuals has stipulated to the issuance of an order of restriction, the court may issue an order as provided in Subsection (6) for those individuals without further hearing.(3)(3)(a) If the examination report required in Section26B-7-310 proves the individual or group of individuals are not subject to restriction, the court may without further hearing terminate the proceedings and dismiss the petition.(3)(b) The court may, after a hearing at which the individual or group of individuals are present in person or by telephonic or other electronic means and have had the opportunity to be represented by counsel, extend its order of restriction for a reasonable period, not to exceed 90 days, if the court has reason to believe the individual or group of individuals are infected by or contaminated with a dangerous public health condition.(4) The petitioner shall, at the time of the hearing, provide the court with the following items, to the extent that they have been issued or are otherwise available:(4)(a) the order of restriction issued by the petitioner;(4)(b) admission notes if any individual was hospitalized; and(4)(c) medical records pertaining to the current order of restriction.(5) The information provided to the court under Subsection (4) shall also be provided to the individual’s or group of individual’s counsel at the time of the hearing, and at any time prior to the hearing upon request of counsel.(6)(6)(a) The court shall order the individual and each individual in a group of individuals to submit to the order of restriction if, upon completion of the hearing and consideration of the record, it finds by clear and convincing evidence that:(6)(a)(i) the individual or group of individuals are infected with a dangerous public health condition that poses a threat to public health;(6)(a)(ii) there is no appropriate and less restrictive alternative to a court order of examination, quarantine, isolation, and treatment, or any of them;(6)(a)(iii) the petitioner can provide the individual or group of individuals with treatment that is adequate and appropriate to the individual’s or group of individuals’ conditions and needs; and(6)(a)(iv) it is in the public interest to order the individual or group of individuals to submit to involuntary examination, quarantine, isolation, and treatment, or any of them after weighing the following factors:(6)(a)(iv)(A) the personal or religious beliefs, if any, of the individual that are opposed to medical examination or treatment;(6)(a)(iv)(B) the ability of the department to control the public health threat with treatment alternatives that are requested by the individual;(6)(a)(iv)(C) the economic impact for the department if the individual is permitted to use an alternative to the treatment recommended by the department; and(6)(a)(iv)(D) other relevant factors as determined by the court.(6)(b) If upon completion of the hearing the court does not find all of the conditions listed in Subsection (6)(a) exist, the court shall immediately dismiss the petition.(7) The order of restriction shall designate the period, subject to Subsection (8), for which the individual or group of individuals shall be examined, treated, isolated, or quarantined.(8)(8)(a) The order of restriction may not exceed six months without benefit of a court review hearing.(8)(b)(8)(b)(i) The court review hearing shall be held prior to the expiration of the order of restriction issued under Subsection (7).(8)(b)(ii) At the review hearing the court may issue an order of restriction for up to an indeterminate period, if the court enters a written finding in the record determining by clear and convincing evidence that the required conditions in Subsection (6) will continue for an indeterminate period.