Findings Necessary for Outpatient Treatment.

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Section 22-52-10.2

Findings necessary for outpatient treatment.

(a) A respondent may be committed to outpatient treatment if the probate court finds, based upon clear and convincing evidence, all of the following:

(1) The respondent is mentally ill.

(2) As a result of the mental illness, the respondent will, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently.

(3) The respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable.

(b) Upon a recommendation made by the designated mental health facility currently providing outpatient treatment that the respondent's outpatient commitment order should be renewed, a probate court may enter an order to renew the commitment order upon the expiration of time allotted for treatment by the original outpatient treatment order if the probate court finds, based upon clear and convincing evidence, all of the following:

(1) The respondent is mentally ill.

(2) As a result of mental illness, the respondent will, if treatment is not continued, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently.

(3) The respondent is unable to independently make a rational and informed decision as to whether or not he or she needs treatment for mental illness.

(Acts 1991, No. 91-440, p. 783, §12; Act 2019-398, §1.)


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