reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:10 - Eligibility of Programs; Monitoring.

135-C:10 Eligibility of Programs;  Monitoring. –
I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and the process of approval by the director of community mental health programs for their eligibility to:
(a) Receive municipal contributions under RSA 135-C:9.
(b) Make involuntary admissions under RSA 135-C:27-33 and RSA 135-C:34-54.
(c) Receive payments for services under RSA 415:18-a.
II. The rules may require community mental health programs to:
(a) Be accredited by the Joint Commission on Accreditation of Hospitals;
(b) Be making adequate progress as determined by the commissioner toward obtaining accreditation by the Joint Commission on Accreditation of Hospitals; or
(c) Meet standards, developed by the commissioner, which are comparable to those required for accreditation by the Joint Commission on Accreditation of Hospitals for programs choosing not to seek such accreditation.
III. The commissioner or his designee may conduct site visits and may otherwise audit and monitor any approved community mental health program to determine compliance with the standards established under subparagraph II(c).
III-a. The commissioner shall adopt rules, pursuant to RSA 541-A, establishing a reapproval process and shall require mental health programs to be subject to reapproval in accordance with such process every 5 years.
IV. The board of directors of community mental health programs approved by the commissioner and other nonprofit agencies primarily engaged in the provision of mental health services which provide services within the state mental health services system shall be generally representative of the geographic area served by such program and shall include representation of consumers or former consumers of mental health services and their families.
Source.
1986, 212:1. 1995, 310:183. 1997, 190:2. 1998, 168:1, eff. Aug. 14, 1998. 2019, 120:4, eff. Aug. 20, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:11 - Federal Funds.

135-C:11 Federal Funds. –
The commissioner may accept grants or other allocations of funds from the federal government for mental health services and may allocate, distribute, expend, or enter into contracts for the expenditure of such funds in accordance with the terms of the grants or allocations.
Source.
1986, 212:1. 1995, 310:85, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:12 - Application for Services.

135-C:12 Application for Services. –
I. Any person seeking services from the state mental health services system may apply to an approved community mental health program or to a receiving facility.
II. Application shall be made by, or with the consent of, the person seeking services. An application for a person 18 years of age or older who has been adjudicated incapacitated in accordance with RSA 464-A shall be made by, or with the consent of, his court appointed guardian. Application for a person under 18 years of age may be made by the person's parent or legal guardian.
III. The program or facility shall determine the eligibility of the applicant, pursuant to RSA 135-C:13, to receive services from the state mental health services system and shall notify the applicant of the eligibility decision within 15 days after receipt of the application.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:14 - Optional Services.

135-C:14 Optional Services. –
The department may provide services to persons in need of mental health treatment who are not severely mentally disabled and may provide prevention, emergency, information and referral, consultation, education and other services to individuals and organizations without regard to eligibility and shall give special emphasis to children and elderly who need mental health intervention.
Source.
1986, 212:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:15 - Placement Criteria.

135-C:15 Placement Criteria. –
Except for emergency treatment or involuntary admissions ordered under RSA 135-C:27-54, all placements of clients in the programs and services in the mental health system shall be voluntary and shall require the documented consent of the client or guardian. Placements shall be made into those programs and services which least restrict the client's freedom of movement, ability to make decisions, and participation in his community while achieving the purposes of habilitation and treatment.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:16 - Withdrawal From Services; Rules.

135-C:16 Withdrawal From Services;  Rules. –
Subject to RSA 135-C:17, any client receiving service or treatment on a voluntary basis may at any time withdraw from the service or treatment or from any specific form of treatment. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the rights of minors to withdraw from service or treatment. The commissioner may adopt rules, pursuant to RSA 541-A, which limit the right of a client to withdraw completely from a receiving facility at night or on weekends and holidays. When a withdrawal is made against medical advice, the client shall be notified in writing of that fact and a copy of the notice shall be made a part of the client's record.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:17 - Restriction on Withdrawal.

135-C:17 Restriction on Withdrawal. –
If a client admitted to a receiving facility on a voluntary basis informs the facility of his desire to withdraw completely from the facility, the administrator of the facility or his designee may order a mental and physical examination of the client to determine whether the criteria for involuntary emergency admission in RSA 135-C:27-33 are met. In such instances, the withdrawal of the client from the facility may be restricted for a period not to exceed 24 hours. If the physician conducting the examination determines that the criteria for involuntary emergency admission are not met or if no examination has occurred within the 24-hour period, the client shall be released immediately. Otherwise, the client shall be treated in accordance with the provisions of RSA 135-C:27-33.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:18 - Termination of Services; Rules.

135-C:18 Termination of Services;  Rules. –
Any program or facility in the mental health services system may at any time terminate or suspend services to the client when the termination or suspension is in the best interests of the client or when the client cannot benefit from the service. Services may also be terminated or suspended if the client endangers or threatens to endanger other clients or staff. A reasonable notice shall be given to the client or guardian, stating the effective date of the termination or suspension, the reasons for the termination or suspension, and the right to appeal the termination or suspension decision. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to termination or suspension criteria and procedures for administrative appeals.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:19 - Individual Service Plan; Rules.

135-C:19 Individual Service Plan;  Rules. –
There shall be an individual service plan for every client in the mental health services system. The program or facility into which the client was placed shall develop the individual service plan which shall be regularly reviewed and modified if necessary. To the extent feasible, the plan shall be developed with the participation of the client. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and process for development of individual service plans.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:20 - Jurisdiction.

135-C:20 Jurisdiction. –
I. For proceedings under RSA 135-C:27-33, jurisdiction is vested in the district court of the city or town where the person is detained.
II. For proceedings under RSA 135-C:34-54, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a client who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is vested in the probate court for the county where the receiving facility that has been treating the client most recently is located, unless the court making the initial involuntary admission order has specifically retained jurisdiction over such person.
Source.
1986, 212:1. 2009, 133:1, eff. June 29, 2009.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:21 - Representation by Attorney General.

135-C:21 Representation by Attorney General. –
The attorney general or his designee shall represent the state of New Hampshire in proceedings conducted pursuant to this chapter in which the state is an interested party.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:22 - Right to Legal Counsel.

135-C:22 Right to Legal Counsel. –
The right of a client or a person sought to be admitted to a program or facility to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any client or person sought to be admitted during any judicial proceeding conducted under this chapter shall be waived only if the client or person sought to be admitted makes an informed decision to do so.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:23 - Legal Services; Payment; Appointment.

135-C:23 Legal Services;  Payment;  Appointment. –
The client or person sought to be admitted shall pay the costs of the legal services in connection with hearings held under this chapter. If the client or person sought to be admitted is unable to pay for counsel, the court shall appoint either a member of New Hampshire Legal Assistance, or its successor organization, or another attorney who shall be compensated at a rate as determined by the supreme court.
Source.
1986, 212:1. 1997, 100:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:24 - Notice.

135-C:24 Notice. –
Before any judicial hearing commences, the client or the person sought to be admitted shall be given written and oral notice, in a language he understands, of his right to be represented by legal counsel and to have legal counsel appointed for him if he is indigent.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:25 - Appeals From Probate Court.

135-C:25 Appeals From Probate Court. –
Notwithstanding any other provision of law, any person aggrieved by an order or decree of the probate court has a right to a review by the supreme court in the same manner provided for the review of cases heard before the superior court.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:26 - Receiving Facility; Rules.

135-C:26 Receiving Facility;  Rules. –
I. New Hampshire hospital and any other facility approved by the commissioner shall be designated as receiving facilities for the care, custody, and treatment of persons subject to involuntary admissions. Any community mental health program, hospital, community residence, nursing home, or other treatment or sheltered care facility may apply to the commissioner for designation. No designation shall occur without the express written consent of the administrator of the facility to be designated.
II. A receiving facility may be designated by the commissioner for one or more of the following purposes:
(a) To receive clients under RSA 135-C:27-33 beginning with initial custody and continuing through the day following the probable cause hearing.
(b) To receive clients under RSA 135-C:27-33 for the period of involuntary emergency admission after the probable cause hearing.
(c) To receive clients for involuntary admission under RSA 135-C:34-54.
III. New Hampshire hospital shall be a receiving facility for purposes of RSA 135-C:26, II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and procedures for designation as a receiving facility.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:27 - Involuntary Emergency Admission; Criteria.

135-C:27 Involuntary Emergency Admission;  Criteria. –
A person shall be eligible for involuntary emergency admission if he is in such mental condition as a result of mental illness to pose a likelihood of danger to himself or others.
I. As used in this section "danger to himself" is established by demonstrating that:
(a) Within 40 days of the completion of the petition, the person has inflicted serious bodily injury on himself or has attempted suicide or serious self-injury and there is a likelihood the act or attempted act will recur if admission is not ordered;
(b) Within 40 days of the completion of the petition, the person has threatened to inflict serious bodily injury on himself and there is likelihood that an act or attempt of serious self-injury will occur if admission is not ordered; or
(c) The person's behavior demonstrates that he so lacks the capacity to care for his own welfare that there is a likelihood of death, serious bodily injury, or serious debilitation if admission is not ordered.
(d) The person meets all of the following criteria:
(1) The person has been determined to be severely mentally disabled in accordance with rules authorized by RSA 135-C:61 for a period of at least one year;
(2) The person has had at least one involuntary admission, within the last 2 years, pursuant to RSA 135-C:34-54;
(3) The person has no guardian of the person appointed pursuant to RSA 464-A;
(4) The person is not subject to a conditional discharge granted pursuant to RSA 135-C:49, II;
(5) The person has refused the treatment determined necessary by a mental health program approved by the department; and
(6) A psychiatrist at a mental health program approved by the department has determined, based upon the person's clinical history, that there is a substantial probability that the person's refusal to accept necessary treatment will lead to death, serious bodily injury, or serious debilitation if admission is not ordered.
II. As used in this section "danger to others" is established by demonstrating that within 40 days of the completion of the petition, the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another.
Source.
1986, 212:1. 1997, 150:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:29 - Delivery to Receiving Facility.

135-C:29 Delivery to Receiving Facility. –
I. Upon completion of an involuntary emergency admission certificate under RSA 135-C:28, a law enforcement officer shall, except as provided in paragraph II, take custody of the person to be admitted and shall immediately deliver such person to the receiving facility identified in the certificate. The mode and circumstances of transport to the receiving facility shall be determined in accordance with paragraph II.
II. The health care provider who is authorized to order involuntary emergency admission under RSA 135-C:28, I shall determine which transport option should be used to transport the person to New Hampshire hospital or the designated receiving facility. The transport options shall be by ambulance or by law enforcement. The transporting agency shall deliver the person to the designated receiving facility or New Hampshire hospital and shall determine whether restraint is necessary to protect the safety of the person, personnel conducting the transport, property, or the public. In the case of ambulance transport, such determination shall be in writing and shall state the factual basis for the conclusion that physical restraints are necessary. Physical restraints shall be used only to transport a person being admitted to New Hampshire hospital or a designated receiving facility, if necessary, to protect the safety of the person, personnel conducting the transport, property, or the public. For the purpose of this paragraph, "physical restraints" means the use of mechanical devices or other means to restrict the movement of a person or the movement or normal function of a portion of his or her body.
III. When the person being admitted to New Hampshire hospital or a designated receiving facility is a child under age 18, the health care provider shall consult with the parent, guardian, or legal custodian of the child prior to making the determination required under paragraph II.
IV. Each designated receiving facility and the chief executive officer of New Hampshire hospital shall submit an annual report regarding the use of restraint and the use of different modes of transportation to their facility. The report shall be submitted on or before November 1 of each year to the oversight committee on health and human services, established in RSA 126-A:13, and shall document the 12 months ending on September 30 of each year. The first report shall be for the 9 months ending on September 30, 2020. The report shall detail the number of admissions of children and adults, broken down by mode of transport, how often restraints were used in each mode of transport, and if the restraint was applied before or during transport.
Source.
1986, 212:1. 2000, 231:1, eff. Jan. 1, 2001. 2019, 239:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:29-a - Rescission of Involuntary Admission.

135-C:29-a Rescission of Involuntary Admission. –
I. Following completion of an involuntary emergency admission certificate under RSA 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to RSA 135-C:29, the certificate may be rescinded and the person who is the subject of the certificate released in any of the following circumstances:
(a) A mobile crisis team under contract with the department of health and human services accepts transfer of the person's care.
(b) An assertive community treatment team operated by a community mental health program accepts transfer of the person's care.
(c) A community-based provider accepts transfer of the person's care.
II. Following completion of an involuntary emergency admission certificate under RSA 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to RSA 135-C:29, the certificate shall be rescinded and the person who is the subject of the certificate released if the physician , PA, or APRN who completed the certificate, or any other physician, PA, or APRN authorized to complete such certificates, finds that the person no longer meets the criteria of RSA 135-C:27.
III. No civil action shall be maintained against a person who rescinds an involuntary admission pursuant to paragraph I or II, provided that the person is acting in good faith within the limits of his or her authority.
Source.
2018, 343:10, eff. July 1, 2018. 2019, 278:4, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:30 - Notice.

135-C:30 Notice. –
At the receiving facility, any person sought to be involuntarily admitted for involuntary emergency admission shall be given immediate notice by the facility administrator or his designee in simple language he may understand, and written notice within 12 hours, of the following rights:
I. To be represented by legal counsel.
II. To have legal counsel appointed for him if he is indigent.
III. To apply for admission on a voluntary basis.
IV. To consult with legal counsel prior to a change in admission status.
V. That involuntary emergency admission cannot exceed a period of 10 days, not including Saturdays and Sundays, unless the period is extended pursuant to RSA 135-C:32.
VI. That no treatment shall be administered during involuntary emergency admission unless he makes an informed decision, as defined in RSA 135-C:2, IX, to consent to treatment, or unless a medical or psychiatric emergency exists in accordance with RSA 135:21-b.
Source.
1986, 212:1. 2010, 293:1, eff. Sept. 11, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:31-a - Annulment of Certain Records.

135-C:31-a Annulment of Certain Records. –
I. If the district court finds that the petitioner has failed to meet the burden specified in RSA 135-C:31, I, all court documents pertaining to the petition, including the physician's, PA's, or APRN's certificate, and the complaint shall be sealed and the involuntary emergency admission shall be annulled.
II. Upon entry of an order of annulment:
(a) The person whose record is annulled shall be treated in all respects as if the person had never been the subject of an involuntary emergency admission.
(b) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous involuntary emergency admission only in terms such as "Have you ever been the subject of an involuntary emergency admission that has not been annulled by a court?"
Source.
2002, 235:1, eff. Jan. 1, 2003. 2019, 278:5, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:32 - Ten-Day Limitation; Petition for Involuntary Admission.

135-C:32 Ten-Day Limitation;  Petition for Involuntary Admission. –
No person shall be admitted for an involuntary emergency admission under RSA 135-C:27-33 for longer than a 10-day period, not including Saturdays and Sundays, unless a subsequent petition for involuntary emergency admission which contains allegations of specific acts or actions which occurred subsequent to the initial involuntary emergency admission is completed and the admission is ordered by a physician, PA, or APRN, as defined in RSA 135-C:2, II-a, in accordance with RSA 135-C:28, or unless a petition requesting a judicial hearing on the issue of involuntary admission under RSA 135-C:34-54 has been filed with the appropriate probate court within the involuntary admission period. Upon the filing of the petition with the probate court, the period of involuntary emergency admission may be extended until the issuance of the order of the probate court pursuant to RSA 135-C:45.
Source.
1986, 212:1. 1995, 310:19. 2001, 184:4. 2009, 54:4. 2010, 293:3, eff. Sept. 11, 2010. 2019, 278:6, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:33 - Discharge.

135-C:33 Discharge. –
I. At any time during the period of involuntary emergency admission the administrator of the receiving facility or designee in such facility shall discharge the person admitted if the administrator decides that the person no longer meets the criteria established by RSA 135-C:27. If a discharge occurs, under this section or pursuant to a finding of no probable cause by the court, the receiving facility shall, with the consent of the person admitted, return such person to the place where the person resided at the time the petition and physician's certificate were completed and signed. Unless the discharge is pursuant to a finding of no probable cause by the court, the receiving facility shall give notice of the discharge to the community mental health program in the region from which the person was admitted and to the community mental health program in the region to which the person is being discharged. The person discharged or the person's guardian shall be given written notice of such action taken by the receiving facility.
II. The petition, police record, transport request, and medical record established as a result of the involuntary emergency admission shall remain with the accepting agency and shall only be released upon informed written consent of the individual.
III. The receiving facility shall either arrange the transportation within 24 hours of such notice or shall be liable for the cost of such transportation.
Source.
1986, 212:1. 2002, 235:2, eff. Jan. 1, 2003.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:34 - Involuntary Treatment Standard.

135-C:34 Involuntary Treatment Standard. –
The standard to be used by a court, physician, or psychiatrist in determining whether a person should be admitted to a receiving facility for treatment on an involuntary basis shall be whether the person is in such mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or to others.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:35 - Petition of Responsible Person.

135-C:35 Petition of Responsible Person. –
Any responsible person may petition for a hearing relative to the need for admission on an involuntary basis of another person due to mental illness under RSA 135-C:36.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.