Steps of the Involuntary Hospitalization Hearing Process
A petition (link) for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.
The District Court of the county must set a preliminary hearing date within six (6) days of holding or examination.
Notice of the involuntary hospitalization hearing must be given to the mentally ill individual and, if applicable, to the individual’s guardian, spouse, parents, nearest relative or friend, if known.
The District Court will examine the person filing the petition [“petitioner”] under oath about why he or she believes it is necessary to involuntarily hospitalize the mentally ill individual.
If the Court finds probable cause to involuntarily hospitalize the mentally ill individual, the court will order the person to a facility and set a final hearing within twenty-one (21) days from the examination in the county where the individual is hospitalized.
After the final hearing, the court can involuntarily hospitalize the individual for a period of sixty (60) to three hundred sixty (360) consecutive days from date of the court order, depending on what was requested in the petition.
If the court finds that no probable cause exists to involuntarily hospitalize, the proceedings must be dismissed and the individual will be released.