reglab/housing_qa huggingface dataset:
18 V.S.A. § 7505
2021 Vermont Statutes|Title 18 - Health|Chapter 179 - Admission Procedures|§ 7505. Warrant and certificate for emergency examination

§ 7505. Warrant and certificate for emergency examination|(a) In emergency circumstances where certification by a physician is not available without serious and unreasonable delay, and when personal observation of the conduct of a person constitutes reasonable grounds to believe that the person is a person in need of treatment, and he or she presents an immediate risk of serious injury to himself or herself or others if not restrained, a law enforcement officer or mental health professional may make an application, not accompanied by a physician's certificate, to any Superior judge for a warrant for an emergency examination.(b) The law enforcement officer or mental health professional may take the person into temporary custody and shall apply to the court without delay for the warrant.(c) If the judge is satisfied that a physician's certificate is not available without serious and unreasonable delay, and that probable cause exists to believe that the person is in need of an emergency examination, he or she may order the person to submit to an evaluation by a physician for that purpose.(d) If necessary, the court may order the law enforcement officer or mental health professional to transport the person to a hospital for an evaluation by a physician to determine if the person should be certified for an emergency examination.(e) A person transported pursuant to subsection (d) of this section shall be evaluated as soon as possible after arrival at the hospital. If after evaluation the licensed physician determines that the person is a person in need of treatment, he or she shall issue an initial certificate that sets forth the facts and circumstances constituting the need for an emergency examination and showing that the person is a person in need of treatment. Once the physician has issued the initial certificate, the person shall be held for an emergency examination in accordance with section 7508 of this title. If the physician does not certify that the person is a person in need of treatment, he or she shall immediately discharge the person and cause him or her to be returned to the place from which he or she was taken, or to such place as the person reasonably directs. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 8; 2013, No. 192 (Adj. Sess.), § 6, eff. Nov. 1, 2014.)
18 V.S.A. § 7508
2021 Vermont Statutes|Title 18 - Health|Chapter 179 - Admission Procedures|§ 7508. Emergency examination and second certification

§ 7508. Emergency examination and second certification|(a) When an initial certification is issued for an emergency examination of a person in accordance with section 7504 or subsection 7505(e) of this title, he or she shall be examined and certified by a psychiatrist as soon as practicable, but not later than 24 hours after initial certification.(b) If the person is held for admission on an application and physician's certificate, the examining psychiatrist shall not be the same physician who signed the certificate.(c) If the psychiatrist does not issue a second certification stating that the person is a person in need of treatment, he or she shall immediately discharge or release the person and cause him or her to be returned to the place from which he or she was taken or to such place as the person reasonably directs.(d) If the psychiatrist does issue a second certification that the person is a person in need of treatment, the person may continue to be held for an additional 72 hours, at which time the person shall be discharged or released, unless within that period:  (1) the person has accepted voluntary admission under section 7503 of this title; or (2) an application for involuntary treatment is filed with the appropriate court under section 7612 of this title, in which case the patient shall continue to be held pending the court's finding of probable cause on the application.   (e)(1)(A) A person shall be deemed to be in the temporary custody of the Commissioner when the first of the following occurs:    (i) a physician files an initial certification for the person while the person is in a hospital; or (ii) a person is certified by a psychiatrist to be a person in need of treatment during an emergency examination.  (B) Temporary custody under this subsection shall continue until the court issues an order pursuant to subsection 7617(b) of this title or the person is discharged or released.  (2) The Commissioner shall make every effort to ensure that a person held for an emergency examination pending a hospital admission is receiving temporary care and treatment that:  (A) uses the least restrictive manner necessary to protect the safety of both the person and the public; (B) respects the privacy of the person and other patients; and (C) prevents physical and psychological trauma.  (3) All persons admitted or held for admission shall receive a notice of rights as provided for in section 7701 of this title, which shall include contact information for Vermont Legal Aid, the Office of the Mental Health Care Ombudsman, and the mental health patient representative. The Department of Mental Health shall develop and regularly update informational material on available peer-run support services, which shall be provided to all persons admitted or held for admission. (4) A person held for an emergency examination may be admitted to an appropriate hospital at any time. (Added 1977, No. 252 (Adj. Sess.), § 15; amended 2013, No. 192 (Adj. Sess.), § 7, eff. Nov. 1, 2014.)
18 V.S.A. § 7509
2021 Vermont Statutes|Title 18 - Health|Chapter 179 - Admission Procedures|§ 7509. Treatment; right of access

§ 7509. Treatment; right of access|(a) Upon admission to the hospital pursuant to section 7503, 7508, 7617, or 7624 of this title, the person shall be treated with dignity and respect and shall be given such medical and psychiatric treatment as is indicated.(b) All persons admitted or held for admission shall be given the opportunity, subject to reasonable limitations, to communicate with others, including visits by a peer or other support person designated by the person, presence of the support person at all treatment team meetings the person is entitled to attend, the reasonable use of a telephone, and the reasonable use of electronic mail and the Internet.(c) The person shall be requested to furnish the names of persons he or she may want notified of his or her hospitalization and kept informed of his or her status. The head of the hospital shall see that such persons are notified of the status of the patient, how he or she may be contacted and visited, and how they may obtain information concerning him or her. (Added 1977, No. 252 (Adj. Sess.), § 16; amended 1997, No. 114 (Adj. Sess.), § 1a; 2013, No. 192 (Adj. Sess.), § 8.)
18 V.S.A. § 7510
2021 Vermont Statutes|Title 18 - Health|Chapter 179 - Admission Procedures|§ 7510. Preliminary hearing

§ 7510. Preliminary hearing|(a) Within five days after a person is admitted to a designated hospital for emergency examination, he or she may request the Superior Court to conduct a preliminary hearing to determine whether there is probable cause to believe that he or she was a person in need of treatment at the time of his or her admission.(b) The court shall conduct the hearing within three working days of the filing of the request. The court shall cause timely notice of the preliminary hearing to be given to the patient or his or her attorney, the hospital, and the attorney for the applicant.(c) The individual has the right to be present and represented by legal counsel at the preliminary hearing.(d) If probable cause to believe that the individual was a person in need of treatment at the time of his or her admission is established at the preliminary hearing, the individual shall be ordered held for further proceedings in accordance with the law. If probable cause is not established, the individual shall be ordered discharged from the hospital and the court shall order him or her returned to the place from which he or she was transported or to his or her home.(e) Upon a showing of need, the court may grant a reasonable continuance to either the patient's attorney or the attorney for the State. (Added 1977, No. 252 (Adj. Sess.), § 17; amended 2009, No. 154 (Adj. Sess.), § 238; 2019, No. 167 (Adj. Sess.), § 20, eff. Oct. 7, 2020.)
18 V.S.A. § 7511
2021 Vermont Statutes|Title 18 - Health|Chapter 179 - Admission Procedures|§ 7511. Transportation

§ 7511. Transportation|(a) The Commissioner shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort a person subject to this chapter to and from any inpatient setting, including escorts within a designated hospital or the Vermont State Hospital or its successor in interest or otherwise being transported under the jurisdiction of the Commissioner in any manner which:  (1) prevents physical and psychological trauma; (2) respects the privacy of the individual; and (3) represents the least restrictive means necessary for the safety of the patient.   (b) The Commissioner shall have the authority to designate the professionals or law enforcement officers who may authorize the method of transport of patients under the Commissioner's care and custody.(c) When a professional or law enforcement officer designated pursuant to subsection (b) of this section decides an individual is in need of secure transport with mechanical restraints, the reasons for such determination shall be documented in writing.(d) It is the policy of the State of Vermont that mechanical restraints are not routinely used on persons subject to this chapter unless circumstances dictate that such methods are necessary. (Added 2003, No. 122 (Adj. Sess.), § 141e; amended 2005, No. 180 (Adj. Sess.), § 2; 2007, No. 15, § 14; 2011, No. 79 (Adj. Sess.), § 24, eff. April 4, 2012.)
18 V.S.A. § 7611
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7611. Involuntary treatment

§ 7611. Involuntary treatment|No person may be made subject to involuntary treatment unless he or she is found to be a person in need of treatment or a patient in need of further treatment. (Added 1977, No. 252 (Adj. Sess.), § 18.)
18 V.S.A. § 7612
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7612. Application for involuntary treatment

§ 7612. Application for involuntary treatment|(a) An interested party may, by filing a written application, commence proceedings for the involuntary treatment of an individual by judicial process.(b) The application shall be filed in the Family Division of the Superior Court.(c) If the application is filed under section 7508 or 7620 of this title, it shall be filed in the unit of the Family Division of the Superior Court in which the hospital is located. In all other cases, it shall be filed in the unit in which the proposed patient resides. In the case of a nonresident, it may be filed in any unit. The court may change the venue of the proceeding to the unit in which the proposed patient is located at the time of the trial.(d) The application shall contain:  (1) The name and address of the applicant. (2) A statement of the current and relevant facts upon which the allegation of mental illness and need for treatment is based. The application shall be signed by the applicant under penalty of perjury.   (e) The application shall be accompanied by:  (1) a certificate of a licensed physician, which shall be executed under penalty of perjury stating that he or she has examined the proposed patient within five days of the date the petition is filed and is of the opinion that the proposed patient is a person in need of treatment, including the current and relevant facts and circumstances upon which the physician's opinion is based; or (2) a written statement by the applicant that the proposed patient refused to submit to an examination by a licensed physician.   (f) Before an examining physician completes the certificate of examination, he or she shall consider available alternative forms of care and treatment that might be adequate to provide for the person's needs without requiring hospitalization. The examining physician shall document on the certificate the specific alternative forms of care and treatment that he or she considered and why those alternatives were deemed inappropriate, including information on the availability of any appropriate alternatives. (Added 1977, No. 252 (Adj. Sess.), § 19; amended 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 192 (Adj. Sess.), § 9.)
18 V.S.A. § 7612a
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7612a. Probable cause review

§ 7612a. Probable cause review|(a) Within three days after an application for involuntary treatment is filed, the Family Division of the Superior Court shall conduct a review to determine whether there is probable cause to believe that the person was a person in need of treatment at the time of his or her admission. The review shall be based solely on the application for an emergency examination and accompanying certificate by a licensed physician and the application for involuntary treatment.(b) If, based on a review conducted pursuant to subsection (a) of this section, the court finds probable cause to believe that the person was a person in need of treatment at the time of his or her admission, the person shall be ordered held in the temporary custody of the Commissioner for further proceedings in accordance with Part 8 of this title. If probable cause is not established, the person shall be ordered discharged or released from the hospital and returned to the place from which he or she was transported or to such place as the person may reasonably direct.(c) An application for involuntary treatment shall not be dismissed solely because the probable cause review is not completed within the time period required by this section if there is good cause for the delay. (Added 2013, No. 192 (Adj. Sess.), § 10.)
18 V.S.A. § 7613
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7613. Notice- Appointment of counsel

§ 7613. Notice- Appointment of counsel|(a) When the application is filed, the court shall appoint counsel for the proposed patient and transmit a copy of the application, the physician's certificate, if any, and a notice of hearing to the proposed patient, his or her attorney, guardian, or any person having custody and control of the proposed patient, the State's Attorney, or the Attorney General, and any other person the court believes has a concern for the proposed patient's welfare. A copy of the notice of hearing shall also be transmitted to the applicant and certifying physician.(b) The notice of hearing shall set forth the date and time of the hearing and shall contain a list of the proposed patient's rights at the hearing.(c) If the court has reason to believe that notice to the proposed patient will be likely to cause injury to the proposed patient or others, it shall direct the proposed patient's counsel to give the proposed patient oral notice prior to written notice under circumstances most likely to reduce likelihood of injury. (Added 1977, No. 252 (Adj. Sess.), § 20.)
18 V.S.A. § 7614
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7614. Psychiatric examination

§ 7614. Psychiatric examination|As soon as practicable after notice of the commencement of proceedings is given, the court on its own motion or upon the motion of the proposed patient or his or her attorney or the State of Vermont shall authorize examination of the proposed patient by a psychiatrist other than the physician making the original certification. The examination and subsequent report or reports shall be paid for by the State of Vermont. The physician shall report his or her finding to the party requesting the report or to the court if it requested the examination. (Added 1977, No. 252 (Adj. Sess.), § 21.)
18 V.S.A. § 7616
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7616. Appearance by State; burden of proof

§ 7616. Appearance by State; burden of proof|(a) The State shall appear and be represented by the State's Attorney for the county in which the hearing takes place or by the Attorney General at his or her discretion.(b) The State shall have the burden of proving its case by clear and convincing evidence.(c) The Attorney for the State shall have the authority to dismiss the application at any stage of the proceeding. (Added 1977, No. 252 (Adj. Sess.), § 23.)
18 V.S.A. § 7617
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7617. Findings; order

§ 7617. Findings; order|(a) If the court finds that the proposed patient was not a person in need of treatment at the time of admission or application or is not a patient in need of further treatment at the time of the hearing, the court shall enter a finding to that effect and shall dismiss the application.(b) If the proposed patient is found to have been a person in need of treatment at the time of admission or application and a patient in need of further treatment at the time of the hearing, the court may order the person:  (1) hospitalized in a designated hospital; (2) hospitalized in any other public or private hospital if he or she and the hospital agree; or (3) to undergo a program of treatment other than hospitalization.   (c) Prior to ordering any course of treatment, the court shall determine whether there exists an available program of treatment for the person which is an appropriate alternative to hospitalization. The court shall not order hospitalization without a thorough consideration of available alternatives.(d) Before making its decision, the court shall order testimony by an appropriate representative of a hospital, a community mental health agency, public or private entity or agency, or a suitable person, who shall assess the availability and appropriateness for the individual of treatment programs other than hospitalization.(e) Prior to ordering the hospitalization of a person, the court shall inquire into the adequacy of treatment to be provided to the person by the hospital. Hospitalization shall not be ordered unless the hospital in which the person is to be hospitalized can provide him or her with treatment which is adequate and appropriate to his or her condition.(f) Preference between available hospitals shall be given to the hospital which is located nearest to the person's residence, except when the person requests otherwise or there are other compelling reasons for not following the preference. (Added 1977, No. 252 (Adj. Sess.), § 24.)
18 V.S.A. § 7617a
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7617a. Reporting; National Instant Criminal Background Check System

§ 7617a. Reporting; National Instant Criminal Background Check System|(a) If the court issues a hospitalization order pursuant to subdivision 7617(b)(1) or (2) of this title or a nonhospitalization order pursuant to subdivision 7617(b)(3), the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. § 922(g)(4).(b) A report required by this section shall be submitted notwithstanding section 7103 of this title or any other provision of law.(c) A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.(d) A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm. (Added 2015, No. 14, § 6, eff. Oct. 1, 2015.)
18 V.S.A. § 7618
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7618. Order; nonhospitalization

§ 7618. Order; nonhospitalization|(a) If the court finds that a treatment program other than hospitalization is adequate to meet the person's treatment needs, the court shall order the person to receive whatever treatment other than hospitalization is appropriate for a period of 90 days.(b) If at any time during the specified period it comes to the attention of the court either that the patient is not complying with the order or that the alternative treatment has not been adequate to meet the patient's treatment needs, the court may, after proper hearing:  (1) Consider other alternatives, modify its original order, and direct the patient to undergo another program of alternative treatment for the remainder of the 90-day period; or (2) Enter a new order directing that the patient be hospitalized for the remainder of the 90-day period. (Added 1977, No. 252 (Adj. Sess.), § 25.)
18 V.S.A. § 7619
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7619. Order; hospitalization

§ 7619. Order; hospitalization|An initial order of hospitalization shall be for a period of 90 days from the date of the hearing. (Added 1977, No. 252 (Adj. Sess.), § 26.)
18 V.S.A. § 7620
2021 Vermont Statutes|Title 18 - Health|Chapter 181 - Judicial Proceedings|§ 7620. Application for continued treatment

§ 7620. Application for continued treatment|(a) If, prior to the expiration of any order issued in accordance with section 7623 of this title, the Commissioner believes that the condition of the patient is such that the patient continues to require treatment, the Commissioner shall apply to the court for a determination that the patient is a patient in need of further treatment and for an order of continued treatment.(b) An application for an order authorizing continuing treatment shall contain a statement setting forth the reasons for the Commissioner's determination that the patient is a patient in need of further treatment, a statement describing the treatment program provided to the patient, and the results of that course of treatment.(c) Any order of treatment issued in accordance with section 7623 of this title shall remain in force pending the court's decision on the application.(d) If the Commissioner seeks to have the patient receive the further treatment in a secure residential recovery facility, the application for an order authorizing continuing treatment shall expressly state that such treatment is being sought. The application shall contain, in addition to the statements required by subsection (b) of this section, a statement setting forth the reasons for the Commissioner's determination that clinically appropriate treatment for the patient's condition can be provided safely only in a secure residential recovery facility.(e) As used in this chapter:  (1) "Secure," when describing a residential facility, means that the residents can be physically prevented from leaving the facility by means of locking devices or other mechanical or physical mechanisms. (2) "Secure residential recovery facility" means a residential facility, licensed as a therapeutic community residence as defined in 33 V.S.A. § 7102(11), for an individual who no longer requires acute inpatient care but who does remain in need of treatment within a secure setting for an extended period of time. A secure residential recovery facility shall not be used for any purpose other than the purposes permitted by this section. (Added 1977, No. 252 (Adj. Sess.), § 27; amended 1997, No. 114 (Adj. Sess.), § 2; 2011, No. 160 (Adj. Sess.), § 3, eff. May 17, 2012.)