Probate Court

Mental Illness - Deferred Hearing

Formal Voluntary Admission

  • Individual has a right to terminate involuntary commitment proceedings by signing formal voluntary admission. (Sec. 406) The hospital is required to offer formal voluntary admission.
  • Court must dismiss any pending proceeding unless it finds that dismissal would not be in the best interest of the individual or the public.

H.B. 4918

  • Individual who is hospitalized pending the Court hearing shall within 72 hours excluding Sundays and holiday, meet with:
    • Legal counsel
    • Treatment team member assigned by the hospital director
    • Person assigned by the appropriate Community Mental Health board director
    • Person designated by the subject of the petition, if possible
  • Individual must be informed of all the following:
    • Proposed treatment plan in hospital.
    • The nature and possible consequences of commitment procedures.
    • The proposed plan of treatment in the community; either an alternative to hospitalization or a combination of hospitalization and alternative treatment with hospitalization not to exceed 60 days. (There may be no such plan if the condition of the patient only indicates hospitalization).
  • Individual may defer hearing for period of 60 days if the individual chooses to remain hospitalized for 90 days if the individual chooses alternative treatment or a combination of hospitalization and alternative treatment.
  • Individual may demand hearing during deferral period.
  • Individual must agree to accept proposed treatment during deferral period.
  • Original petition and certificates remain valid during deferral period.
  • If individual refuses proposed treatment at any time during deferral period, a hearing is held.
  • A hearing shall be convened under Sec. 452 if not earlier than 14 days nor later than 7 days before the expiration of the deferred period, if an appropriate party notifies the Court that the individual continues to need treatment. The individual must be given opportunity to accept treatment on a voluntary basis if suitable for voluntary treatment.