LegalFix

Section 1205 - Proceeding for essential treatment -- Duties of court -- Disposition.

UT Code § 62A-15-1205 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) A district court shall review the assertions contained in the verified petition described in Section 62A-15-1203.

(2) If the court determines that the assertions, if true, are sufficient to order the respondent to undergo essential treatment, the court shall: (a) set an expedited date for a time-sensitive hearing to determine whether the court should order the respondent to undergo essential treatment for a substance use disorder; (b) provide notice of: (i) the contents of the petition, including all assertions made; (ii) a copy of any order for detention or examination; (iii) the date of the hearing; (iv) the purpose of the hearing; (v) the right of the respondent to be represented by legal counsel; and (vi) the right of the respondent to request a preliminary hearing before submitting to an order for examination; (c) provide notice to: (i) the respondent; (ii) the respondent's guardian, if any; and (iii) the petitioner; and (d) subject to the right described in Subsection (2)(b)(vi), order the respondent to be examined before the hearing date: (i) by two essential treatment examiners; or (ii) by one essential treatment examiner, if documentation before the court demonstrates that the respondent received emergency, life saving treatment: (A) within 30 days before the day on which the petition for essential treatment and intervention was filed; or (B) during the pendency of the petition for essential treatment and intervention.

(a) set an expedited date for a time-sensitive hearing to determine whether the court should order the respondent to undergo essential treatment for a substance use disorder;

(b) provide notice of: (i) the contents of the petition, including all assertions made; (ii) a copy of any order for detention or examination; (iii) the date of the hearing; (iv) the purpose of the hearing; (v) the right of the respondent to be represented by legal counsel; and (vi) the right of the respondent to request a preliminary hearing before submitting to an order for examination;

(i) the contents of the petition, including all assertions made;

(ii) a copy of any order for detention or examination;

(iii) the date of the hearing;

(iv) the purpose of the hearing;

(v) the right of the respondent to be represented by legal counsel; and

(vi) the right of the respondent to request a preliminary hearing before submitting to an order for examination;

(c) provide notice to: (i) the respondent; (ii) the respondent's guardian, if any; and (iii) the petitioner; and

(i) the respondent;

(ii) the respondent's guardian, if any; and

(iii) the petitioner; and

(d) subject to the right described in Subsection (2)(b)(vi), order the respondent to be examined before the hearing date: (i) by two essential treatment examiners; or (ii) by one essential treatment examiner, if documentation before the court demonstrates that the respondent received emergency, life saving treatment: (A) within 30 days before the day on which the petition for essential treatment and intervention was filed; or (B) during the pendency of the petition for essential treatment and intervention.

(i) by two essential treatment examiners; or

(ii) by one essential treatment examiner, if documentation before the court demonstrates that the respondent received emergency, life saving treatment: (A) within 30 days before the day on which the petition for essential treatment and intervention was filed; or (B) during the pendency of the petition for essential treatment and intervention.

(A) within 30 days before the day on which the petition for essential treatment and intervention was filed; or

(B) during the pendency of the petition for essential treatment and intervention.

(3) An essential treatment examiner shall examine the respondent to determine: (a) whether the respondent meets each of the criteria described in Section 62A-15-1204; (b) the severity of the respondent's substance use disorder, if any; (c) what forms of treatment would substantially benefit the respondent, if the examiner determines that the respondent has a substance use disorder; and (d) the appropriate duration for essential treatment, if essential treatment is recommended.

(a) whether the respondent meets each of the criteria described in Section 62A-15-1204;

(b) the severity of the respondent's substance use disorder, if any;

(c) what forms of treatment would substantially benefit the respondent, if the examiner determines that the respondent has a substance use disorder; and

(d) the appropriate duration for essential treatment, if essential treatment is recommended.

(4) An essential treatment examiner shall certify the examiner's findings to the court within 24 hours after completion of the examination.

(5) The court may, based upon the findings of an essential treatment examiner, terminate the proceedings and dismiss the petition.

(6) The parties may, at any time, make a binding stipulation to an essential treatment plan and submit that plan to the court for court order.

(7) At the hearing, the petitioner and the respondent may testify and may cross-examine witnesses.

(8) If, upon completion of the hearing, the court finds that the criteria in Section 62A-15-1204 are met, the court shall order essential treatment for an initial period that: (a) does not exceed 360 days, subject to periodic review as provided in Section 62A-15-1206; and (b) (i) is recommended by an essential treatment examiner; or (ii) is otherwise agreed to at the hearing.

(a) does not exceed 360 days, subject to periodic review as provided in Section 62A-15-1206; and

(b) (i) is recommended by an essential treatment examiner; or (ii) is otherwise agreed to at the hearing.

(i) is recommended by an essential treatment examiner; or

(ii) is otherwise agreed to at the hearing.

(9) The court shall designate the facility for the essential treatment, as: (a) described in the petition; (b) recommended by an essential treatment examiner; or (c) agreed to at the hearing.

(a) described in the petition;

(b) recommended by an essential treatment examiner; or

(c) agreed to at the hearing.

(10) The court shall issue an order that includes the court's findings and the reasons for the court's determination.

(11) The court may order the petitioner to be the respondent's personal representative, as described in 45 C.F.R. Sec. 164.502(g), for purposes of the respondent's essential treatment.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 1205 - Proceeding for essential treatment -- Duties of court -- Disposition.