Failure to Appear at Hearing — Custody Order — Transportation to Hospital — Admission — Notice to Attorney or Other Representative

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IF

  1. the qualified mental health professional has filed an affidavit showing that:
    1. the person with mental illness or serious emotional disturbance is required to be participating in outpatient treatment,
    2. the person is, without good cause, not complying with the treatment plan, AND
    3. the qualified mental health professional believes the noncompliance is not likely to be corrected voluntarily, AND
  2. the person does not respond to the order to appear,

    THEN

  3. the court shall order the person taken into custody, AND
  4. the sheriff shall immediately transport the person to the hospital from which the person was discharged, AND
  5. the hospital shall admit the person and give notice of the temporary recommitment and that a hearing under § 33-6-610 will be held to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the court that ordered the temporary recommitment of the person, and to the court where the hospital is located that has the same jurisdiction as the recommitting court.


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