NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 171

SENATE BILL 291

 

 

AN ACT TO AMEND ARTICLES 3 AND 4 OF CHAPTER 122 TO CLARIFY THE PROCEDURES FOR THE VOLUNTARY ADMISSION OF MINORS TO MENTAL HEALTH FACILITIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 122-56.7 is hereby rewritten 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. No petition shall be necessary; the written application for voluntary admission shall serve as the initiating document for the hearing.

(b)        The court shall determine whether such person is mentally ill or an inebriate and is in need of further treatment at the treatment facility. Further treatment at the treatment facility should be undertaken only when lesser measures will be insufficient. If the court finds by clear, cogent, and convincing evidence, that these requirements have been met, the court shall concur with the voluntary admission of the minor or person adjudicated non compos mentis. If the court finds that these requirements have not been met, it shall order that the person be released. A finding of dangerousness to self or others is not necessary to support the determination that further treatment should be undertaken.

(c)        Mental illness in a minor shall have the meaning provided in G.S. 122-36(d)(2). Mental illness for an adult adjudicated non compos mentis shall have the meaning provided in G.S. 122-36(d)(1). The word 'inebriate' shall have the meaning provided in G.S. 122-36(c).

(d)        When, in the case of a minor, it appears that an extended period of inpatient diagnostic evaluation is necessary before a recommendation can be made to the court, the chief clinical officer or his designee may request hospitalization not to exceed 30 days for diagnosis and evaluation. The following procedures shall apply:

(1)        At least 48 hours in advance of the regularly calendared hearing provided in subsection (a) above, the chief clinical officer or his designee shall give written notice to the clerk of superior court, the respondent, the parent or parents, guardian, or person standing in loco parentis, and the attorneys for all parties, that diagnosis and evaluation of the minor cannot be completed prior to the calendared hearing, and that he will request that the court authorize a period of hospitalization not to exceed 30 days for the purpose of diagnosing and evaluating the minor.

(2)        The court will determine whether there exists reasonable grounds to believe: (1) that the minor is probably mentally ill or an inebriate and; (2) that the minor may, upon diagnosis and evaluation, be found to meet the criteria for admission as set out in (b) above; and, (3) that additional time is required to complete the diagnosis and evaluation.

(3)        If the court finds that the criteria set out in subdivision (d)(2) above have been met, it shall authorize a period of hospitalization for diagnosis and evaluation, not to exceed 30 days, and establish a new date for the hearing provided in subsection (a) above, to occur by the end of the specified period. During this period, medical, psychiatric, psychological, educational, and social evaluation shall be undertaken and reasonable and appropriate medication and treatment administered, consistent with Part 3 of Article 3 of this Chapter, and accepted medical standards. (4) If the court does not make findings of fact as set out in subdivision (d)(2) above, the minor shall be ordered released.

(e)        Unless otherwise provided in 122-56.7, the hearings specified in (b) and (d) above, and all subsequent proceedings shall be governed by the involuntary commitment procedures of Article 5A of Chapter 122 of the General Statutes. 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 counsel.

(f)         After admission, only the court or the treatment facility may release the minor or person adjudicated non compos mentis at any time when either determines that such person does not need further hospitalization.

(g)        In addition to the notice of hearings and rehearings to the respondent and his counsel required under G.S. 122-58.5 and G.S. 122-11(a) respectively, notice shall be given by the clerk to the person who signed the application for voluntary admission, or his successor, in accordance with the provisions of G.S. 122-58.20. The person who signed the application for voluntary admission, or his successor, may also file a written waiver of his right to receive notice with the clerk of court."

Sec. 2.  G.S. 122-36(d) is hereby rewritten to read as follows:

"(d)      The words 'mental illness' shall mean: (1) when applied to an adult, an illness which so lessens the capacity of the person to use self-control, judgment, and discretion in the conduct of his affairs and social relations as to make it necessary or advisable for him to be under treatment, care, supervision, guidance or control. The words 'mentally ill' shall mean an adult person with a mental illness; or (2) when applied to a minor shall mean a mental condition, other than mental retardation alone, which so lessens or impairs the youth's capacity either to develop or exercise age appropriate or age adequate self-control, judgment, or initiative in the conduct of his activities and social relationships as to make it necessary or advisable for him to be under treatment, care, supervision, guidance or control."

Sec. 3.  G.S. 122-56.2(b) is hereby amended by rewriting that subsection to read as follows:

"The words 'treatment facility,' as used in this Article, mean any hospital or institution operated by the State of North Carolina and designated for the admission of any person in need of care and treatment due to mental illness or inebriety, any area mental health facility operated pursuant to Article 2F of this Chapter, and any private hospital for the mentally disordered as described in G.S. 122-72 and G.S. 122-72.1."

Sec. 4.  This act shall become effective October 1, 1979.

In the General Assembly read three times and ratified, this the 21st day of March, 1979.