§ 9-20-118 - Review hearings.

9-20-118. Review hearings.

(a) The Department of Human Services shall periodically review the case of an adult in the custody of the department, but not less often than one (1) time every six (6) months.

(b) The circuit court shall review the case of an adult in the custody of the department, either formally or informally as determined by the court, at least one (1) time every twelve (12) months.

(c) Notice for review hearings shall be by regular mail to the attorney for the respondent and to the administrator of the facility in which the respondent is placed.

(d) (1) Upon presentation of a statement under oath by a medical doctor that attendance at the hearing is not in the best interest of the adult based on the adult's mental incapacity or physical health, the court shall waive the presence of the adult at a review hearing unless there is a showing by the adult's attorney that the adult's attendance at the court hearing is necessary.

(2) If it is not in the adult's best interest to appear at court under subdivision (d)(1) of this section, the adult may submit a written statement or an audio or video statement for consideration by the court.