(a) A respondent may be committed to outpatient treatment if the judge of probate, based upon clear and convincing evidence, finds all of the following: (1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder.
(2) As a result of the mental illness or mental illness with secondary diagnosis of co-occurring substance use disorder, the respondent, if not treated, will suffer mental distress and experience deterioration of the ability to function independently.
(3) The respondent is unable to maintain consistent engagement with outpatient treatment on a voluntary basis, as demonstrated by either of the following:
a. The respondent’s actions occurring within the two-year period immediately preceding the hearing.
b. Specific aspects of the respondent’s clinical condition that significantly impair the respondent’s ability to consistently make rational and informed decisions as to whether to participate in treatment for mental illness.
(b) Upon a recommendation made by the designated mental health facility currently providing outpatient treatment that the respondent’s outpatient commitment order should be renewed, a judge of probate may enter an order to renew the commitment order
upon the expiration of time allotted for treatment by the original outpatient treatment order if the judge of probate finds, based upon clear and convincing evidence, all of the following:
(1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder.
(2) As a result of the mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder, the respondent, if treatment is not continued, will suffer mental distress and experience deterioration of the ability to function independently.
(3) The respondent remains unable to maintain consistent engagement with outpatient treatment on a voluntary basis.
History: (Acts 1991, No. 91-440, p. 783, §12; Act 2019-398, §1; Act 2022-202, §1; Act 2024-193, §1.)