NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 1044

HOUSE BILL 550

AN ACT TO AMEND G.S. CHAPTER 108, ARTICLE 4A, CONCERNING PROTECTIVE SERVICES FOR DISABLED ADULTS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 108-104(d) is amended by adding the words "or autism" after the word "epilepsy" in line three.

Sec. 2.  G.S. 108-104(i) is amended by adding the word "psychological" after the word "psychiatric" in line two.

Sec. 3.  G.S. 108-104(l) is amended by adding the words "or mental health" after the word "health" on line three.

Sec. 4.  G.S. 108-104(m) is amended by deleting the word "and" and inserting in lieu thereof the word "or" after the word "mental" in line three, and by adding a new last sentence to read as follows:

"A person is not receiving services from his caretaker if, among other things and not by way of limitation, he is a resident of one of the State's hospitals for the mentally ill (Broughton Hospital, Dix Hospital, Cherry Hospital, and Umstead Hospital) or centers for the mentally retarded (Western Carolina Center, Murdoch Center, Caswell Center, and O'Berry Center), he is, in the opinion of the professional staff of that hospital or center, mentally incompetent to give his consent to medical treatment, he has no legal guardian appointed pursuant to G.S. Chapter 33, G.S. Chapter 35, or guardian as defined in G.S. 122-36(n), and he needs medical treatment."

Sec. 5.  G.S. 108-106.2(c) is amended by striking the next to last sentence thereof, inserting in its place the following:

"Within 60 days from the appointment of such an individual or organization, the court will conduct a review to determine if a petition should be initiated in accordance with G.S. Chapter 35, Article 1A, or G.S. 33-7, as appropriate; for good cause shown, the court may extend the 60-day period for an additional 60 days, at the end of which it shall conduct a review to determine if a petition should be initiated in accordance with G.S. Chapter 35, Article 1A, or G.S. 33-7, as appropriate."

Sec. 6.  This act shall become effective on July 1, 1979.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.