NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 839

HOUSE BILL 1275

 

 

AN ACT TO PROVIDE FOR JUDICIAL DETERMINATION OF MINORS AND PERSONS ADJUDICATED NON COMPOS MENTIS ADMITTED TO TREATMENT FACILITIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 122, Article 4, of the General Statutes as the same appears in the 1974 Cumulative Supplement to the 1974 Replacement Volume 3B of the General Statutes is amended by adding a new section to be designated G.S. 122-56.7 and to read as follows:

"§ 122-56.7.  Judicial determination. — (a) A hearing shall be held in district court in the county in which the treatment facility is located within 10 days of the day a minor or a person adjudicated non compos mentis is admitted to a treatment facility pursuant to G.S. 122-56.5.

(b)        The court shall determine whether

(1)        such person is mentally ill or inebriate and

(2)        is in need of further treatment at the treatment facility.

(c)        The initial hearing and all subsequent proceedings shall be governed by the involuntary commitment procedures of Chapter 122, Article 5A of the General Statutes. Provided that in a case involving an indigent respondent, located at a regional psychiatric facility for the care and treatment of the mentally ill and inebriate, special counsel authorized by G.S. 122-58.12 shall act as his counsel at the initial hearing."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of June, 1975.