4F. Treatment Hearings

Involuntary mental health commitment proceedings generally involve more than one court hearing.  Here are the differences between the hearings:

Preliminary Hearing

• If the patient is detained in a medical or mental health facility,  a preliminary hearing is held within 4 days of the date of the order of detention. 
• Before the hearing, an expert examinerMedical professional who gives a report to the court about the proposed ward’s condition, decision-making ability, and capacity to meet personal needs. LEGAL DEFINITION: "Expert examiner" means: a. A licensed... Click or tap term for more. must examine the person and file a Report of Examination  and Report Assessing the Availability and Appropriateness of Alternative Treatment with the Court.
• If the person decides to waive  the preliminary hearing, an order for temporary treatment is issued and a treatment hearing must be held within 14 days. 
• If the preliminary hearing is held and the court finds that the person requires treatment, and no less restrictive alternative is available, an order for temporary treatment is issued.
• A treatment hearing must be held within 14 days. 
• If alternative treatment is appropriate, an order for less restrictive treatment will be entered.   

Involuntary Treatment Hearing

• Treatment hearings must take place within 14 days of the preliminary hearing or waiver.
• The court may determine that a patient requires continued  treatment for up to 90 days. That treatment can happen at a hospital or through another program.

Medication Hearing

Sometimes mental health professionals need court orders to “force” a person to take medication, if the medication is necessary to effectively treat the person and they refuse to take it.  Court orders authorizing involuntary treatment with prescribed medication are only effective for up to 90 days. 

Treatment Modifications

During treatment under a 90-day order, the patient’s treatment provider may determine that a less restrictive form of treatment is more appropriate. The provider may request a modification of the treatment order. If the patient agrees, a hearing may not be necessary.

Continuing Treatment Hearing

Sometimes patients need treatment for longer than 90 days. That’s when the court may issue a continuing treatment order that lasts up to one year. 

A facility must petition the court for further treatment. The petition must describe the treatment, the patient’s progress, and an estimate of the length of time needed for more treatment. The court will appoint an attorney if the patient hasn’t already retained one.