4E-1 Involuntary Commitment: The Patient’s Rights

All mental health patients have rights. Those rights include: 

• Receiving copies of all petitions, motions, orders, exam results and notices of hearings.
• Receive notice with the procedures required for involuntary commitments.
• The right to attend all hearings.
• The right to an attorney. 
• The right to speak with the attorney before hearings and court-ordered examinations.
• The right to an independent evaluation with the medical professional of their choosing.
• The right to appeal involuntary commitments and treatment orders.
• The right to petition for a discharge provided the patient receives treatment once a year. The treatment must include a mental health provider’s evaluation.
• The county will pay exam and attorney fees if the wardA person determined by the court to be incapacitated.  LEGAL DEFINITION: A person for whom a guardian or limited guardian has been appointed. (NDCC 30.1-26-01(6))   Click or tap term for more. cannot afford them.

Note: 

1. Patients who enter facilities voluntarily can ask to leave at any time. The facility determines whether or not the patient can leave. 
2. If someone files a petition for an involuntary treatment hearing, the hearing must take place within seven days