court-ordered treatment; continuation
What changed between versions
Added a new section (36-543.01) creating 'continuing court-ordered treatment' for patients after their second consecutive annual review, allowing treatment to continue indefinitely if specific criteria are met.
Modified the annual review process to require more detailed reports, including specific opinions on voluntary treatment alternatives and the patient's ability to follow recommendations with or without a court order.
Added a requirement that the medical director must file a written annual report with the court within 90 days of the anniversary date of the continuing treatment order, detailing treatment compliance and the medical director's opinion on whether to terminate or continue the order.
Added a specific burden of proof requirement stating that the mental health agency must prove by clear and convincing evidence that continuing treatment is necessary at the objection hearing.
Modified the timeline for hearings, requiring that if a patient objects to a continuing treatment order, the court must hold a hearing within 30 calendar days of the request.
Modified eligibility criteria to include a new finding that without the order, the patient is likely to suffer severe harm or be unable to provide for basic physical needs.
Added technical provisions regarding the appointment of attorneys for patients without representation and the right to request independent evaluations during the annual report process.
