A. If a mental health evaluation is not attached to a petition alleging a person to be a person requiring treatment at the time the petition is filed, the court shall order the person who is the subject of the petition to undergo a mental health evaluation by two licensed mental health professionals, and a mental health evaluation to be completed and filed with the court prior to the hearing.
1. The mental health evaluation shall be conducted on an outpatient basis unless the court has issued an order for prehearing detention.
2. A copy of all petitions, orders, affidavits, powers of attorney, advance health care directives, treatment advocate designations, mental health advance directives, guardianships, police reports and other relevant documents shall accompany the person to the place where the mental health evaluation is to be conducted.
3. Upon completion of the mental health evaluation, the facility shall transmit a copy of the evaluation prepared by the licensed mental health professionals to the court and to the attorney of record for the person evaluated.
B. The report of the licensed mental health professionals conducting the mental health evaluation pursuant to this section shall include written findings as to whether:
1. The person being evaluated appears to be a person requiring treatment as defined in this title, and is reasonably likely to benefit from mental health or substance abuse treatment; and
2. Based on the following, inpatient treatment is the least restrictive alternative that meets the needs of the person:
a.reasonable efforts have been made to provide for the mental health or substance abuse treatment needs of the person through the provision of less restrictive alternatives and the alternatives have failed to meet the treatment needs of the person, or
b.after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the person is such that less restrictive alternatives are unlikely to meet the treatment needs of the person.
Added by Laws 1997, c. 387, § 8, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 41, eff. Nov. 1, 2002; Laws 2006, c. 97, § 21, eff. Nov. 1, 2006; Laws 2013, c. 3, § 1, eff. Nov. 1, 2013; Laws 2013, c. 217, § 4, eff. Nov. 1, 2013.
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