A. Prior to the expiration of the period of assisted outpatient treatment, a party or the respondent's surrogate decision-maker may apply to the court for a subsequent order authorizing continued assisted outpatient treatment for a period not to exceed one year. The application shall be served upon those persons required to be served with notice of a petition for an order authorizing assisted outpatient treatment and every specified provider.
B. If the court's disposition of the application does not occur prior to the expiration date of the current order, the current order shall remain in effect until the court's disposition. The disposition of the application shall occur no later than ten calendar days following the filing of the application.
C. A respondent may be ordered to participate in continued assisted outpatient treatment if the court finds by clear and convincing evidence that the respondent:
(1) continues to have a primary diagnosis of a mental disorder;
(2) is unwilling or unlikely, as a result of a mental disorder, to participate voluntarily in outpatient treatment that would enable the respondent to live safely in the community without court supervision;
(3) is in need of continued assisted outpatient treatment as the least restrictive appropriate alternative in order to prevent a relapse or deterioration likely to result in serious harm to self or likely to result in serious harm to others; and
(4) will likely benefit from, and the respondent's best interests will be served by, receiving continued assisted outpatient treatment.
History: Laws 2016, ch. 84, § 11.
ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler.
Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021.
Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.