Petition

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RS 68 - Petition

A. The petition shall contain the facts which are the basis of the assertion that the respondent meets each of the criteria in R.S. 28:66 that he is present or reasonably believed to be present in the parish where filed, and provide the respondent with adequate notice and knowledge relative to the nature of the proceeding.

B.(1) In addition to the content specified in Subsection A of this Section, the petition shall contain the following information regarding the respondent:

(a) Name.

(b) Date of birth.

(c) Alias names, if any.

(d) Social security number.

(e) Sex.

(f) Race.

(2) If the petitioner is unable to provide any of the information listed in this Subsection, the petitioner shall include in the petition the reasons why that information cannot be provided.

C. The petition shall be accompanied by a Physician's Report to Court or an affidavit of a physician, psychiatric mental health nurse practitioner, or psychologist and shall state either of the following:

(1) Such physician, psychiatric mental health nurse practitioner, or psychologist has examined the respondent no more than ten days prior to the filing of the petition, he recommended involuntary outpatient treatment for the respondent, and he is willing and able to testify at the hearing on the petition.

(2) No more than ten days prior to the filing of the petition, such physician, psychiatric mental health nurse practitioner, or psychologist, or a designee of such clinician, has made appropriate attempts to elicit the cooperation of the respondent but has not been successful in persuading him to submit to an examination, that such physician, psychiatric mental health nurse practitioner, or psychologist has reason to suspect that the respondent meets the criteria for involuntary outpatient treatment, and he is willing and able to examine the respondent and testify at the hearing on the petition.

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


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