66-406. JUDICIAL PROCEDURE FOR COMMITMENT TO DIRECTOR. (1) Proceedings for the involuntary care and treatment of developmentally disabled persons by the department may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative, spouse or guardian of the respondent, or by a licensed physician, prosecuting attorney or other public official, or the head of the facility in which the respondent may be.
(2) The application shall state the name and last known address of the respondent; the name and address of either the respondent’s spouse, guardian, next of kin or friend; whether the respondent can be cared for privately in the event commitment is not ordered; and a simple and precise statement of facts showing that the respondent is developmentally disabled and likely to injure himself or others.
(3) Any application shall be accompanied by a report of an evaluation committee stating that the committee has examined the respondent within the last fourteen (14) days and is of the opinion that the respondent is developmentally disabled and likely to injure himself or others; or a written statement by the committee that the respondent has refused to submit to examination.
(4) Upon receipt of an application for commitment not accompanied by an evaluation committee report, the court shall, within forty-eight (48) hours, order the respondent to submit to an examination. The evaluation committee shall report to the court its findings within three (3) working days of the order.
(5) If it is determined by the evaluation committee that the respondent is developmentally disabled and likely to injure himself or others pending the hearing, the court may issue an order authorizing a department employee, peace officer, or head of a facility to take the respondent to a facility in the community in which the respondent is residing or to the nearest facility to await the hearing and for good cause may authorize treatment during such period subject to the provisions of section 66-412(4), Idaho Code.
(6) Upon receipt of the application and evaluation committee report, the court shall appoint a time and place for a hearing which shall be held not more than seven (7) days from receipt of the report and give written notice of the time and place of the hearing together with a copy of the application, evaluation committee report, and notice of the respondent’s right to be represented by an attorney, or if indigent, to be represented by a court-appointed attorney, to the applicant, to the respondent, and to either the respondent’s spouse, guardian, next of kin or friend, if other than the applicant. With the consent of the respondent and his attorney, the hearing may be held immediately. Upon motion for good cause shown and with the respondent’s consent, the court may continue the hearing up to an additional fourteen (14) days.
(7) An opportunity to be represented by counsel shall be afforded to every respondent, and if neither the respondent nor others provide counsel, the court will appoint the counsel in accordance with chapter 8, title 19, Idaho Code.
(8) The hearing shall be held at a facility, at the respondent’s home, or at any other suitable place not likely to have a harmful effect on the respondent’s physical or mental health.
(9) In all proceedings under the provisions of this section, any existing provision of law prohibiting the disclosure of confidential communications between any member of the evaluation committee and the respondent shall not apply.
(10) The respondent, the applicant, and any other person to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The respondent shall be required to be present at the hearing free from drugs likely to impair the respondent’s ability to communicate or understand the proceedings, unless the court determines that the mental or physical state of the respondent is such that his presence at the hearing free from drugs would be detrimental to the respondent’s health or would unduly disrupt the proceedings. A record of the proceedings shall be made as for other civil hearings. The hearing shall be conducted in an informal manner consistent with orderly procedure and rules of evidence.
(11) If, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that the respondent:
(a) Is developmentally disabled; and
(b) Because of such condition is likely to injure himself or others; and
(c) Lacks capacity to make informed decisions about treatment;
the court shall order the respondent committed to the custody of the director for an indeterminate period of time not to exceed three (3) years. The director or his designee shall determine within forty-eight (48) hours the least restrictive available placement consistent with the needs of each respondent committed under the provisions of this section and make arrangement for placement in that setting.
(12) Nothing in the provisions of this chapter or in any rules or regulations adopted pursuant hereto shall be construed to authorize the commitment of an individual who can be properly cared for privately with the help of willing and able family or friends.
(13) The order of commitment shall state the name and address of the respondent’s attorney, and either the respondent’s spouse, guardian, adult next of kin or friend, if any.
History:
[66-406, added 1982, ch. 59, sec. 7, p. 101.]