Criteria for civil involuntary outpatient treatment

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RS 66 - Criteria for civil involuntary outpatient treatment

A. A respondent may be ordered to obtain civil involuntary outpatient treatment if the court finds that all of the following conditions apply:

(1) The respondent is eighteen years of age or older.

(2) The respondent is suffering from a mental illness.

(3) The respondent is unlikely to survive safely in the community without supervision.

(4) The respondent has a history of lack of compliance with treatment for mental illness.

(5) The respondent is, as a result of his mental illness, unlikely to voluntarily participate in treatment.

(6) In view of the treatment history and current behavior of the respondent, the respondent is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in the respondent's becoming dangerous to self or others or gravely disabled as defined in R.S. 28:2.

(7) It is likely that the respondent will benefit from involuntary outpatient treatment.

B.(1) If the respondent has executed an advance directive as defined in R.S. 28:221, any directions included in the directive shall be taken into account by the court in determining the written treatment plan.

(2) Nothing in this Section shall preclude a person with an advance directive from being subject to a petition pursuant to this Part.

Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.


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