Title 25 — Mental and Physical Illness or Disability

1. The superintendent or director of a treatment facility may transfer, or authorize the transfer of, an involuntary patient from a hospital to another facility if the superintendent or director determines it would be consistent with the medical needs of the patient to do so. Due…

The commissioner of the department of health and human services or designee, a county, a city, or a local law enforcement agency may enter into reciprocal agreements with the appropriate authorities of any other state regarding the mutual exchange, return, and transportation of i…

1. If a respondent under this chapter is eligible for treatment by any agency of the United States, the court, upon receipt of notice from that agency showing that facilities are available and that the individual is eligible for care or treatment therein, may order the respondent…

If any patient escapes from a treatment facility, the superintendent or director may cause an immediate search to be made. If the patient cannot be found, the superintendent or director shall cause notice of the escape to be given forthwith to the court of the county of residence…

The superintendent or director of a treatment facility, by means of nonidentifying data, shall notify the department of all admissions under this chapter to the state hospital or facility. In addition to the specific authority granted under the provisions of this chapter, the dep…

All expenses of the district court serving Stutsman County involving patients in residence at the state hospital must be paid by the state hospital under the direction of the department.

Whenever an individual is about to be involuntarily hospitalized under the provisions of this chapter, an official or person designated by the court shall arrange for the individual's transportation to the treatment facility with suitable medical or nursing attendants and by such…

Each patient of a treatment facility retains the following rights, subject only to the limitations and restrictions authorized by section 25-03.1-41. A patient has the right: 1. To receive appropriate treatment for mental and physical ailments and for the prevention of illness or…

The rights enumerated in subsections 5, 6, 7, and 8 of section 25-03.1-40 may be limited or restricted by the treating physician, physician assistant, psychiatrist, advanced practice registered nurse, or psychologist trained in a clinical program, if in that individual's professi…

1. A person acting in good faith upon either actual knowledge or reliable information which makes the petition for involuntary treatment of an individual under this chapter is not subject to civil or criminal liability. 2. A physician, physician assistant, psychiatrist, psycholog…

All information and records obtained in the course of an investigation, an evaluation, an examination, or treatment under this chapter and the presence or past presence of a patient in a treatment facility are confidential, but the information and records may be disclosed to and …

Repealed by S.L. 2003, ch. 225, § 6.

Following the discharge of a respondent from a treatment facility or the state hospital or the issuance of a court order denying a petition for commitment, a respondent may at any time move to have all court records pertaining to the proceedings expunged on condition that the res…

The department shall, under chapter 28-32, adopt and enforce such rules as may be necessary for the implementation of this chapter. The supreme court, in consultation with the department, the associations of district judges and state's attorneys, and other affected organizations,…

In this chapter, unless the context otherwise requires: 1. "Child" or "children" means a person or persons under the age of twenty-one. 2. "Clinical supervision" means the oversight responsibility for individual treatment plans and individual service delivery. 3. "Department" mea…

The operator of a publicly or privately operated psychiatric residential treatment facility for children shall meet the requirements for licensure and shall secure a license from the department.

The department shall issue a license for the operation of a psychiatric residential treatment facility for children upon a showing that: 1. The premises to be used are in fit, safe, and sanitary condition and properly equipped to provide good care and treatment; 2. The program di…

Conviction of an offense by an owner or operator of a facility does not disqualify the psychiatric residential treatment facility for children from licensure unless the department determines that the offense has a direct bearing upon a person's ability to serve the public as an o…

1. Each psychiatric residential treatment facility for children shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record info…

The license to operate a psychiatric residential treatment facility for children must specify: 1. The name of the licensee. 2. The premises to which the license is applicable. 3. The number of children who may be received in the premises at any one time. 4. The date of expiration…

A child may be admitted to a psychiatric residential treatment facility for children if: 1. The child has been diagnosed by a psychiatrist or psychologist as suffering from a mental illness or emotional disturbance; 2. The child's situation meets the definition of serious risk of…

A psychiatric residential treatment facility for children shall provide for the development of an individual treatment plan, based upon a comprehensive interdisciplinary diagnostic assessment, which includes the role of the family, identifies the goals and objectives of the thera…

The department may revoke a license or deny an application for a license under this chapter if: 1. Any requirement and condition of this chapter for the issuance of a license is not met, or has ceased to be met; 2. The license was issued or requested upon fraudulent or untrue rep…

In any case in which the department determines that a license should be revoked or an application for a license should be denied, written reasons for the revocation or denial must be provided to the licensee or applicant. The licensee or applicant is entitled to a hearing before …

The department may adopt rules for the conduct of psychiatric residential treatment facilities for children and shall adopt rules defining which professionals may provide clinical supervision and review, and may develop, update, and sign an individual treatment plan within a psyc…

In this chapter, unless the context otherwise requires: 1. "Committed individual" means an individual committed for custody and treatment pursuant to this chapter. 2. "Intellectual disability" means mental retardation as defined in the "Diagnostic and Statistical Manual of Mental…

The district court has original jurisdiction over the proceedings governed by this chapter. A proceeding pursuant to this chapter may be tried in any county in which the respondent resides or is located, or has committed any sexually predatory conduct, or if the respondent is an …

1. If it appears that an individual is a sexually dangerous individual, the state's attorney may file a petition in the district court alleging that the individual is a sexually dangerous individual and stating sufficient facts to support the allegation. 2. The petition and any p…

1. The department of corrections and rehabilitation shall maintain treatment records for any inmate who has been convicted of an offense that includes sexually predatory conduct. Approximately six months before the projected release date of the inmate, the department shall comple…

Notwithstanding any other provision of law, all adult and juvenile case files and court records of an alleged offense defined by chapters 12.1-20 and 12.1-27.2 must be retained for twenty-five years and made available to any state's attorney for purposes of investigation or proce…

1. Notwithstanding any other provision of law requiring confidentiality of information about individuals receiving care, custody, education, treatment, or any other services from the state or any political subdivision, any confidential information about a respondent or committed …

Upon request, any confidential records provided to the state's attorney pursuant to this chapter must be made available to the respondent or committed individual, the attorney of the respondent or committed individual, a qualified expert charged with examining the respondent or c…

At any stage of a proceeding under this chapter, on application of any individual or on its own motion, the court may appoint a guardian ad litem for a minor or an individual with an intellectual disability who is a respondent or witness or otherwise involved in the proceeding, i…

1. Upon the filing of a petition pursuant to this chapter, the court shall determine whether to issue an order for detention of the respondent named in the petition. The petition may be heard ex parte. The court shall issue an order for detention if there is cause to believe that…

1. Every respondent is entitled to legal counsel. Unless an appearance has been entered on behalf of the respondent, the court, within twenty-four hours from the time the petition was filed, exclusive of weekends or holidays, shall appoint counsel to represent the respondent. If …

If a respondent is detained pursuant to section 25-03.3-08, the state's attorney shall provide the respondent, or the respondent's guardian, if appropriate, with a copy of the petition filed with the court. The state's attorney shall provide the respondent with written notice of …

The respondent is entitled to a preliminary hearing within seventy-two hours of being taken into custody pursuant to an order of the court, excluding weekends and holidays, unless the respondent knowingly waives the preliminary hearing pursuant to section 25-03.3-09. The responde…

The evaluation must be conducted by one or more experts chosen by the commissioner. Whenever a respondent is subject to an evaluation pursuant to this chapter, the respondent may retain an expert to perform an evaluation or testify on the respondent's behalf. When the respondent …

If a committed individual also has been committed to the legal and physical custody of the department of corrections and rehabilitation, the director of the department of corrections and rehabilitation and the commissioner may consult one another and determine the appropriate pla…

Notwithstanding any other provision of law, in any proceeding pursuant to this chapter, evidence of prior sexually predatory conduct or criminal conduct, including a record of the juvenile court, is admissible.

Any determination made pursuant to this chapter regarding whether a respondent is a sexually dangerous individual or has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction is inadmissible in …

1. A committed individual must remain in the care, custody, and control of the commissioner until, in the opinion of the commissioner, the individual is safe to be at large. 2. Each committed individual must have an examination of that individual's mental condition at least once …

1. Annually, the commissioner shall provide the committed individual with written notice that the individual has a right to petition the court for discharge. The notice must explain to the committed person when the committed person has a right to a hearing on the petition. The no…

The respondent has the right to an appeal from an order of commitment or an order denying a petition for discharge. Upon entry of an appealable order, the court shall notify the respondent of the right to appeal and the right to counsel. The notice of appeal must be filed within …

A person acting in good faith upon either actual knowledge or reliable information, who provides information to the state's attorney or the court pursuant to this chapter, is not subject to civil or criminal liability.

The department of health and human services, to the extent it has expended sums or provided services pursuant to this title, may seek civil recovery from the property of the respondent or committed individual. The department of health and human services must commence the action w…

The department of health and human services may adopt rules under chapter 28-32 to implement this chapter, but the rules may not restrict or limit the rights guaranteed by this chapter.

For so long as a committed individual is placed in and resides at a treatment facility, the committed individual has the same rights as other residents of the facility, subject to the following limitations and restrictions: 1. The individual's rights are subordinate to legitimate…

1. Following commitment of a sexually dangerous individual, the commissioner may conduct a risk management assessment of the committed individual for the purpose of determining whether the individual may be treated safely in the community on an outpatient basis. The commissioner …

In this chapter, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Provider agency" means an entity providing services to individuals with developmental disabilities and licensed by the department to pr…