A. A petition for an order authorizing assisted outpatient treatment may be filed in the district court for the county in which the respondent is present or reasonably believed to be present; provided that such district court is a party to a memorandum of understanding with a participating municipality or county.
B. A petition for an order authorizing assisted outpatient treatment may be filed only by the following persons:
(1) a person eighteen years of age or older who resides with the respondent;
(2) the parent or spouse of the respondent;
(3) the sibling or child of the respondent; provided that the sibling or child is eighteen years of age or older;
(4) the director of a hospital where the respondent is hospitalized;
(5) the director of a public or charitable organization or agency or a home where the respondent resides and that provides mental health services to the respondent;
(6) a qualified professional who either supervises the treatment of or treats the respondent for a mental disorder or has supervised or treated the respondent for a mental disorder within the past forty-eight months; or
(7) a surrogate decision-maker.
C. The petition shall be entitled "In the Matter of _______" and shall include:
(1) each criterion for assisted outpatient treatment as set forth in Section 43-1B-3 NMSA 1978;
(2) facts that support the petitioner's belief that the respondent meets each criterion; provided that the hearing on the petition need not be limited to the stated facts; and
(3) whether the respondent is present or is reasonably believed to be present within the county where the petition is filed.
D. The petition shall be accompanied by an affidavit of a qualified professional that shall state that:
(1) the qualified professional has personally examined the respondent no more than ten days prior to the filing of the petition, that the qualified professional recommends assisted outpatient treatment for the respondent and that the qualified professional is willing and able to testify at the hearing on the petition either in person or by contemporaneous transmission from a different location; or
(2) no more than ten days prior to the filing of the petition, the qualified professional or the qualified professional's designee has unsuccessfully attempted to persuade the respondent to submit to an examination, that the qualified professional has reason to believe that the respondent meets the criteria for assisted outpatient treatment and that the qualified professional is willing and able to examine the respondent and testify at the hearing on the petition either in person or by contemporaneous transmission from a different location.
History: Laws 2016, ch. 84, § 4; 2020, ch. 44, § 2.
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.
The 2020 amendment, effective May 20, 2020, in Subsection C, Paragraph C(1), changed "Section 3 of the Assisted Outpatient Treatment Act" to "Section 43-1B-3 NMSA 1978".