2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:69. Procedure

RS 28:69 - Procedure
A.(1) Upon the filing of the petition authorized by R.S. 28:67, the court shall assign a time and place for a hearing as promptly as is practical, but in no case later than eighteen days after the filing of the petition, which may be conducted before any judge in the judicial district and shall cause reasonable notice thereof and a copy of the petition to be served upon the respondent, respondent's attorney, the petitioner, and the director of the local governing entity in the parish where the petition has been filed. The notice shall inform the respondent that he has a right to be present, a right to retain counsel, has the right to counsel appointed to represent him by the Mental Health Advocacy Service, and a right to cross-examine witnesses. Continuances shall be granted only for good cause shown.
(2) In addition to those persons entitled to notice pursuant to Paragraph (1) of this Subsection, if the respondent is interdicted, notice of the hearing and a copy of the petition shall also be served upon the curator for the interdict.
(3) The court may order the service of all pleadings, notices, and written treatment plans required in this Part pursuant to Code of Civil Procedure Article 1313(A), without regard to Article 1313(B).
B.(1) As soon as is practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the respondent is suffering from mental illness which renders him unlikely to voluntarily participate in the recommended treatment and, in view of the treatment history and current behavior of the respondent, he is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in him becoming dangerous to self or others or gravely disabled as defined in R.S. 28:2.
(2) If the court determines that probable cause exists, the court shall appoint a physician, psychiatric mental health nurse practitioner, or psychologist to examine the respondent and to provide a written Physician's Report to Court and testify at the hearing. The Physician's Report to Court shall be completed on the form provided by the office of behavioral health of the Louisiana Department of Health and provided to the court, the respondent's counsel, and the petitioner's counsel at least three days before the hearing. Nothing in this Paragraph shall prevent the court from appointing a willing and available physician, psychiatric mental health nurse practitioner, or psychologist who has been put forth by the petitioner or from accepting a Physician's Report to Court that has been completed pursuant to an examination of the respondent conducted within ten days prior to the filing of the petition.
(3) The Physician's Report to Court shall set forth specifically the objective factors leading to the conclusion that the respondent has a mental illness that renders him unlikely to voluntarily participate in the recommended treatment and, in view of the treatment history and current behavior of the respondent, he is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in his becoming dangerous to self or others or gravely disabled as defined in R.S. 28:2. The report shall also include recommendations for a treatment plan.
(4) The court-appointed physician, psychiatric mental health nurse practitioner, or medical psychologist may be the respondent's treating physician, treating psychiatric nurse practitioner, or treating medical psychologist.
C. The court shall conduct a hearing on the petition which shall take precedence over all other matters, except pending cases of the same type. The court shall admit evidence according to the Code of Evidence. Witnesses and evidence tending to show that the respondent is a proper subject for outpatient placement shall be presented first. If the respondent does not appear at the hearing, and service of process was proper and appropriate attempts to elicit attendance failed, the court may conduct the hearing in the absence of the respondent, but the court shall state the factual basis for conducting the hearing without the respondent.
D. The court shall not order involuntary outpatient treatment unless an examining physician, psychiatric mental health nurse practitioner, or psychologist, who has personally examined the respondent, testifies at the hearing, in person or via electronic means, with consent of all of the parties, regarding the categories of involuntary outpatient treatment recommended, the rationale for each category, facts which establish that such treatment is the least restrictive alternative, and, if recommended, the beneficial and detrimental physical and mental effects of medication and whether such medication should be self-administered or administered by an authorized professional.
E. If the respondent has refused to be examined by the court-ordered physician, psychiatric mental health nurse practitioner, or psychologist, the court shall order the sheriff's department to take the respondent into custody and transport him to a psychiatrist's office, behavioral health center, hospital, or emergency receiving center. Retention of the respondent in accordance with the court order shall not exceed twenty-four hours. The examining physician, psychiatric mental health nurse practitioner, or psychologist shall be authorized to consult with the respondent's treating physician, psychiatric mental health nurse practitioner, or psychologist.
F. A physician, psychiatric mental health nurse practitioner, or psychologist who testifies pursuant to Subsection D of this Section shall state the facts which support the allegation that the respondent meets each of the criteria for involuntary outpatient treatment, the treatment is the least restrictive alternative, the recommended involuntary outpatient treatment, and the rationale. If the recommended involuntary outpatient treatment includes medication, the testimony of the physician, psychiatric mental health nurse practitioner, or medical psychologist shall describe the types or classes of medication which should be authorized, the beneficial and detrimental physical and mental effects of such medication, and whether the medication should be self-administered or administered by authorized personnel.
G. The respondent shall be afforded an opportunity to present evidence, to call witnesses on his behalf, and to cross-examine adverse witnesses.
H. Each court shall keep a record of cases relating to persons who have a mental illness coming before the court pursuant to the provisions of this Title and the disposition of those cases. Each court shall also keep on file the original petition and certificates of physicians required by this Section, or a microfilm duplicate of such records. All records maintained in courts pursuant to the provisions of this Section shall be sealed and available only to the parties to the case, unless a court, after a hearing held with notice to the respondent, determines such records should be disclosed to a petitioner for cause shown. Any hearing conducted in accordance with this Subsection shall be closed to the public.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2013, No. 226, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1; Acts 2022, No. 382, §1.