reglab/housing_qa huggingface dataset:
NH Rev Stat § 135-C:36 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:36 - Petition.

    135-C:36 Petition. –||I. The petition for admission on an involuntary basis shall include:||(a) The name of the person sought to be admitted and his last known address.||(b) The specific acts or actions that the petitioner alleges satisfy RSA 135-C:34.||(c) A certificate from a physician, physician assistant, or advanced practice registered nurse who is approved by either a designated receiving facility or a community mental health program approved by the commissioner, who has examined the person sought to be admitted within 5 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies the standard set forth in RSA 135-C:34.||(d) The names and addresses of witnesses who can testify to the occurrence of the specific acts or actions of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 135-C:34.||II. The certificate of the examining physician, physician assistant, or advanced practice registered nurse made upon admission, if the person sought to be admitted is currently voluntarily admitted to a receiving facility, or a certificate of the examining physician, physician assistant, or advanced practice registered nurse made prior to the admission of the person sought to be admitted to involuntary emergency admission in accordance with RSA 135-C:27-33, shall be sufficient as the certificate for the petition for involuntary admission, if made within 5 days of the date of the filing of the petition.||III. The petition for admission on an involuntary basis may include a request for appointment of a guardian over the person for the limited purpose of providing for the respondent's health care. If such a request is made, the petition shall include:||(a) The petitioner's connection with or relationship to the respondent;||(b) When appropriate, the name and address of the person or institution having care or custody over the respondent;||(c) The names and addresses of adult spouses, parents, children and siblings of the respondent, so far as they are known to the petitioner;||(d) The name, address, occupation and relationship to the respondent, if any, of the proposed guardian; and||(e) A statement containing facts which show the necessity for appointment of a guardian of the person for the purpose of providing health care, including specific allegations as to the respondent's personal actions or actual occurrences which are claimed to demonstrate his or her inability to provide for personal needs for health care.|||Source. 1986, 212:1. 1992, 218:3. 1995, 310:18, eff. Nov. 1, 1995. 2015, 144:1, 2, eff. June 12, 2015. 2019, 278:7, eff. Sept. 17, 2019.|
NH Rev Stat § 135-C:37 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:37 - Hearing Date.

    135-C:37 Hearing Date. –||The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 15 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition.|||Source. 1986, 212:1. 1995, 212:3, eff. Jan. 1, 1996.|
NH Rev Stat § 135-C:38 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:38 - Copies of Petition.

    135-C:38 Copies of Petition. –||Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted with notice to the appropriate receiving facility.|||Source. 1986, 212:1. 2011, 88:20, eff. July 1, 2011. 2016, 187:1, eff. June 3, 2016.|
NH Rev Stat § 135-C:39 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:39 - Custody Prior to Hearing.

    135-C:39 Custody Prior to Hearing. –||I. The person sought to be admitted for treatment on an involuntary basis shall be at liberty pending the hearing, unless:||(a) The person is under the protective custody of the department in accordance with RSA 135-C:27-33;||(b) The client has been admitted for voluntary care and wishes to remain so;||(c) The person is already in the custody of the department due to admission for treatment on an involuntary basis; or||(d) The person is in custody in the criminal justice system pursuant to RSA 135:17-a, I.||II. A period of involuntary admission ordered by a probate court pursuant to RSA 135-C:45 may be continued under subparagraph I (c), provided that a petition requesting a judicial hearing on the issue of subsequent involuntary admission has been filed with the appropriate probate court within the initial period of involuntary admission. Upon the filing of the petition, the period of involuntary admission may be extended until the issuance of the order of the probate court pursuant to RSA 135-C:45; provided that the probate court shall act upon the petition within 30 days of its filing.|||Source. 1986, 212:1. 1990, 266:2. 1995, 212:1, eff. Jan. 1, 1996; 310:175, eff. Nov. 1, 1995.|
NH Rev Stat § 135-C:40 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:40 - Examination by Psychiatrist.

    135-C:40 Examination by Psychiatrist. –||Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court on or before the day of the hearing. The report shall include the following:||I. Whether, in the opinion of the examining psychiatrist, the person sought to be admitted meets the standard in RSA 135-C:34.||II. Whether, in the opinion of the examining psychiatrist, involuntary admission is necessary for treatment of the person, and if so, the appropriate period of time, in the opinion of the examining psychiatrist, for such an admission. In determining the appropriate period of time, the examining psychiatrist shall include, to the extent that he considers it appropriate, time to allow for conditional discharge. Conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.||III. The form of treatment best suited to the needs of the person, if, in the opinion of the examining psychiatrist, involuntary admission is not necessary.||IV. The receiving facility which can best provide the degree of security and treatment needed for the person.||V. Possible alternatives, including the least restrictive alternative, considered by the examining psychiatrist.|||Source. 1986, 212:1. 1992, 218:4, eff. Oct. 1, 1992.|
NH Rev Stat § 135-C:41 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:41 - Recommendations; Copy to Person.

    135-C:41 Recommendations;  Copy to Person. –||No later than on the day before the hearing, 2 copies of the report prepared pursuant to RSA 135-C:40 shall be made available to the person sought to be admitted and to his or her attorney.|||Source. 1986, 212:1. 2000, 294:2, eff. Aug. 20, 2000.|
NH Rev Stat § 135-C:42 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:42 - Continuance.

    135-C:42 Continuance. –||Either party may apply to the court for a continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown.|||Source. 1986, 212:1, eff. Jan. 1, 1987.|
NH Rev Stat § 135-C:43 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:43 - Conduct of Hearing.

    135-C:43 Conduct of Hearing. –||I. For hearings held under this chapter, the person sought to be admitted shall have the right to legal counsel, to present evidence on his or her own behalf, to have a closed hearing and a closed file unless he or she requests otherwise, and to cross-examine witnesses. He or she shall also have the right to summon as a witness the psychiatrist who filed the report pursuant to RSA 135-C:40 and to cross-examine him or her. A transcript, which may consist only of any audio recording of the proceedings, and at the court's discretion, shall be made of the entire proceeding. The transcript may serve as the basis for an appeal and the costs of the transcript shall be apportioned, within the judge's discretion, between the state and the person sought to be admitted. The transcript or recording shall be retained by the court for 2 years or until official notice is received of discharge, if the person is admitted on an involuntary basis and subsequently discharged.||II. If the court determines that involuntary admission to a receiving facility is necessary, the court, at the nonemergency involuntary admission hearing, shall determine if the psychiatric evaluation performed by the psychiatrist designated by the court shall be available to the designated receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. Before the court determines whether to provide the psychiatric evaluation to the designated receiving facility or to the secure psychiatric unit, the court shall provide the person sought to be admitted with an opportunity to object. The court shall consider the person's privacy interest in the content of the psychiatric evaluation and the receiving facility's or the secure psychiatric unit's need to review the psychiatric evaluation for purposes of treatment.|||Source. 1986, 212:1. 2009, 244:2. 2011, 110:1, eff. May 31, 2011.|
NH Rev Stat § 135-C:44 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:44 - Change of Venue.

    135-C:44 Change of Venue. –||In hearings held under this chapter, upon the request of the person sought to be admitted, a change of venue or transfer may be granted at the court's discretion.|||Source. 1986, 212:1, eff. Jan. 1, 1987.|
NH Rev Stat § 135-C:45 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:45 - Order of Court.

    135-C:45 Order of Court. –||I. In hearings held under this chapter, after hearing all the evidence, the court may order the respondent to be released, notwithstanding expert testimony, or it may order the person to submit to some form of treatment other than inpatient treatment on an involuntary basis, which may include treatment at a community mental health program approved by the commissioner. If the examining psychiatrist recommends involuntary admission to a receiving facility as the most desirable form of treatment, the court may so order. The court may furnish a copy of the psychiatric evaluation, pursuant to RSA 135-C:43, II, performed by the psychiatrist designated by the court to the designated receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. If the court determines that involuntary admission to a receiving facility is necessary, but the examining psychiatrist finds otherwise in his report under RSA 135-C:40, the court may overrule the recommendation of the psychiatrist only after the court finds that treatment other than involuntary admission to a receiving facility would not be in the best interests of the person and the community.||II. In any order of admission to a receiving facility, the court shall include in the duration of said order an appropriate period of time, if any, to allow for conditional discharge. Admission for purposes of conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition. When a notice of decision is issued by the court, a copy of the order shall be provided electronically, or in another manner which shall provide notice at the earliest practicable time, to the appropriate receiving facility.||III. If the respondent is on a conditional discharge at the time of the hearing, the court may order involuntary admission to a receiving facility, or renew such an order, for the purpose of permitting the respondent to remain on conditional discharge if such treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.|||Source. 1986, 212:1. 1992, 218:5. 1995, 310:183. 2011, 110:2, eff. May 31, 2011. 2016, 187:2, eff. June 3, 2016.|
NH Rev Stat § 135-C:45-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:45-a - Appointment of Limited Guardian.

    135-C:45-a Appointment of Limited Guardian. –||I. In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove beyond a reasonable doubt that the respondent is incapacitated and in need of a guardian.||II. At the hearing, the court shall:||(a) Inquire into the nature and extent of the functional limitations of the respondent; and||(b) Ascertain his or her capacity to care for himself or herself with respect to his or her health care.||III. If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the court shall deny the request for appointment of a guardian.||IV. Alternatively, the court may appoint a guardian of the person with respect to health care as requested in the petition and confer specific powers of guardianship on the proposed guardian after finding in the record based on evidence beyond a reasonable doubt that:||(a) The person for whom a guardian is to be appointed is incapacitated; and||(b) The guardianship is necessary as a means of providing appropriate health care for the incapacitated person; and||(c) There are no available alternative resources which are suitable with respect to the incapacitated person's welfare, safety, and rehabilitation; and||(d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the respondent.||V. If a guardian is appointed, letters of guardianship shall be issued, as provided in RSA 464-A:11.||VI. Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in RSA 464-A:25, I(d).||VII. The provisions of RSA 464-A:10 shall govern who may be a guardian.||VIII. Upon appointment, the guardian shall give bond to the court as provided in RSA 464-A:21.||IX. Compensation to the guardian shall be allowed as provided in RSA 464-A:23.||X. The provisions of RSA 464-A:24 shall govern the appointment of agents by guardians.||XI. The guardian shall file biennial reports as provided in RSA 464-A:35, give annual notice to the ward as provided in RSA 464-A:38, file a final accounting report as provided in RSA 464-A:40, and be subject to the provisions and sanctions of RSA 464-A:37 for failure to make or file any report within the time provided by law.||XII. The provisions of RSA 464-A:39 shall govern the removal or resignation of the guardian.||XIII. The guardian may at any time file a petition pursuant to RSA 464-A:4 for a finding of incapacity and expansion of his or her authority over the person or estate of the ward. Such a proceeding shall be governed by the provisions of RSA 464-A.|||Source. 1992, 218:6. 2005, 67:2, eff. Jan. 1, 2006.|
NH Rev Stat § 135-C:46 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:46 - Limitation of Order.

    135-C:46 Limitation of Order. –||No order made pursuant to RSA 135-C:45 for involuntary admission or any other type of treatment shall be valid for longer than 5 years. For the order to be renewed, another judicial hearing shall be held pursuant to RSA 135-C:34-54.|||Source. 1986, 212:1, eff. Jan. 1, 1987.|
NH Rev Stat § 135-C:47 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:47 - Amended Orders.

    135-C:47 Amended Orders. –||I. The court issuing an order for treatment, other than inpatient treatment at a receiving facility, shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, any person may petition the probate court having jurisdiction for a hearing on whether the order should be amended or the person should be involuntarily admitted to a receiving facility.||II. The court issuing an order for inpatient treatment at a receiving facility may retain jurisdiction of the case for the duration of the order. The court may include in its order a provision requiring the petitioner or the receiving facility to show cause upon a date set by the court as to why the person has not been granted a conditional discharge under RSA 135-C:50.||(a) At such a proceeding, the burden shall be upon the petitioner or the receiving facility to demonstrate by a preponderance of the evidence that either:||(1) The person has been offered a conditional discharge, the conditions of the discharge were reasonable and appropriate, and the person has not consented to those conditions; or||(2) The person requires further inpatient treatment at the receiving facility.||(b) After hearing all the evidence, the court may order the respondent to be released, or to submit to continued inpatient treatment on an involuntary basis. The court may set a new date upon which the petitioner or receiving facility shall show cause as to why the person has not been granted a conditional discharge under RSA 135-C:50. No order made pursuant to this paragraph shall be valid for longer than the period of time remaining on the original order of involuntary admission.||(c) At any show cause hearing held under this paragraph, the respondent shall have the right to legal counsel, to present evidence on his own behalf, to have a closed hearing unless he requests otherwise, and to cross-examine witnesses. A transcript, which may consist only of any audio recording of the proceedings, shall be made of the entire proceeding.|||Source. 1986, 212:1. 1992, 218:7, eff. Oct. 1, 1992.|
NH Rev Stat § 135-C:48 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:48 - Transfers; Rules.

    135-C:48 Transfers;  Rules. –||A receiving facility to which a person is ordered for involuntary admission pursuant to RSA 135-C:34-54 may transfer the person to another receiving facility if the receiving facility to which the person is to be transferred can better provide the degree of security and treatment required by the person. All transfers shall require prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons so transferred.|||Source. 1986, 212:1. 1995, 310:87, eff. Nov. 1, 1995.|
NH Rev Stat § 135-C:49 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:49 - Discharge by Administrator.

    135-C:49 Discharge by Administrator. –||I. When a person has been involuntarily admitted to a receiving facility pursuant to RSA 135-C:34-54, or conditionally discharged pursuant to paragraph IV of this section, the clinical staff of the receiving facility where the person has most recently received treatment may recommend to the administrator of the facility an absolute discharge for the person if the clinical staff determines that the person does not require the acute level of treatment available at the receiving facility.||II. The administrator, with the consent of the chief administrator of the state mental health services system or designee, shall have discretion to grant the absolute discharge based on the recommendation of the clinical staff; provided, that the examination upon which the recommendation was made was conducted within 3 days of the absolute discharge order.||III. The administrator shall, in writing, immediately notify the court entering the original order of commitment that the person has been given an absolute discharge prior to the expiration of the order of the commitment. Upon receipt of the notice, the court shall make the notice part of the person's file and shall enter the discharge and the date of discharge upon the docket.||IV. The administrator, or designee, of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge.|||Source. 1986, 212:1. 1995, 310:174. 1997, 316:1, eff. Aug. 20, 1997. 2020, 37:121, eff. July 1, 2020.|
NH Rev Stat § 135-C:50 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:50 - Conditions of Conditional Discharge.

    135-C:50 Conditions of Conditional Discharge. –||I. The administrator, or designee, of a receiving facility may grant a conditional discharge under this chapter to any person who consents, by an informed decision, to participate in continuing treatment on an out-patient basis, who agrees to be subject to any rules adopted by the commissioner relative to conditional discharge, and who understands the conditions of his or her discharge. The administrator of the facility or the administrator's designee shall prepare, deliver a copy of, and read to the person being conditionally discharged a written statement of the conditions of conditional discharge and a warning that violation of those conditions may result in revocation of the conditional discharge pursuant to RSA 135-C:51.||II. A conditional discharge shall not exceed the period of time remaining on the order of involuntary admission and shall become absolute at the end of its term.||III. During the term of conditional discharge, the person conditionally discharged shall be provided with continuing treatment on an out-patient basis by a community mental health program approved by the commissioner or by transitional housing program services.|||Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 343:6, eff. July 1, 2018. 2020, 37:122, eff. July 1, 2020.|
NH Rev Stat § 135-C:52 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 135-C - New Hampshire Mental Health Services System|Section 135-C:52 - Appeal.

    135-C:52 Appeal. –||A person whose conditional discharge is revoked, pursuant to RSA 135-C:51, may appeal the decision to the chief administrator of the state mental health services system. The person shall be entitled to a hearing on the appeal within 5 days, excluding weekends and holidays, of the administrator's receipt of request for the hearing. The commissioner shall adopt rules, in accordance with RSA 541-A, which shall include provision for legal counsel and procedures for waiver of the hearing.|||Source. 1986, 212:1. 1992, 218:8. 1995, 310:88, eff. Nov. 1, 1995.|