Sec. 17a-498. (Formerly Sec. 17-178). Hearing on commitment application. Notice. Rights of respondent. Examination by physicians. Order of commitment. Election of voluntary status prior to adjudicatio
Sec. 17a-498. (Formerly Sec. 17-178). Hearing on commitment application.
Notice. Rights of respondent. Examination by physicians. Order of commitment.
Election of voluntary status prior to adjudication. Review of confinement. (a) Upon
such application being filed in the Probate Court, such court shall assign a time, not
later than ten business days thereafter, and a place for hearing such application, and
shall cause reasonable notice thereof to be given to the respondent and to such relative
or relatives and friends as it deems advisable. Said notice shall inform such respondent
that he or she has a right to be present at the hearing; that he or she has a right to counsel;
that he or she, if indigent, has a right to have counsel appointed to represent him or her;
and that he or she has a right to cross-examine witnesses testifying at any hearing upon
such application.
(b) If the court finds such respondent is indigent or otherwise unable to pay for
counsel, the court shall appoint counsel for such respondent, unless such respondent
refuses counsel and the court finds that the respondent understands the nature of his or
her refusal. The court shall provide such respondent a reasonable opportunity to select
his or her own counsel to be appointed by the court. If the respondent does not select
counsel or if counsel selected by the respondent refuses to represent such respondent or
is not available for such representation, the court shall appoint counsel for the respondent
from a panel of attorneys admitted to practice in this state provided by the Probate
Court Administrator in accordance with regulations promulgated by the Probate Court
Administrator in accordance with section 45a-77. The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial
Department, however, if funds have not been included in the budget of the Judicial
Department for such purposes, such compensation shall be established by the Probate
Court Administrator and paid from the Probate Court Administration Fund. Prior to
such hearing, such respondent or his or her counsel, in accordance with the provisions of
sections 52-146d to 52-146i, inclusive, shall be afforded access to all records including,
without limitation, hospital records if such respondent is hospitalized, and shall be entitled to take notes therefrom. If such respondent is hospitalized at the time of the hearing,
the hospital shall make available at such hearing for use by the patient or his or her
counsel all records in its possession relating to the condition of the respondent. Notwithstanding the provisions of sections 52-146d to 52-146i, inclusive, all such hospital records directly relating to the patient shall be admissible at the request of any party or the
Court of Probate in any proceeding relating to confinement to or release from a hospital
for psychiatric disabilities. Nothing herein shall prevent timely objection to the admissibility of evidence in accordance with the rules of civil procedure.
(c) The court shall require the certificates, signed under penalty of false statement, of
at least two impartial physicians selected by the court, one of whom shall be a practicing
psychiatrist, both of whom shall be licensed to practice medicine in the state of Connecticut and shall have been practitioners of medicine at least one year and shall not be
connected with the hospital for psychiatric disabilities to which the application is being
made, or related by blood or marriage to the applicant, or to the respondent. Such certificates shall indicate that they have personally examined such person within ten days of
such hearing. The court shall appoint such physicians from a panel of physicians and
psychiatrists provided by the Commissioner of Mental Health and Addiction Services
and such appointments shall be made in accordance with regulations to be promulgated
by the Probate Court Administrator in accordance with section 45a-77. Each such physician shall make a report on a separate form provided for that purpose by the Department
of Mental Health and Addiction Services and shall answer such questions as may be set
forth on such form as fully and completely as reasonably possible. Such form shall
include, but not be limited to questions relating to the specific psychiatric disabilities
alleged, whether or not the respondent is dangerous to himself or herself or others,
whether or not such illness has resulted or will result in serious disruption of the respondent's mental and behavioral functioning, whether or not hospital treatment is both
necessary and available, whether or not less restrictive placement is recommended and
available and whether or not respondent is incapable of understanding the need to accept
the recommended treatment on a voluntary basis. Any such physician shall state upon
the form the reasons for his or her opinions. Such respondent or his or her counsel shall
have the right to present evidence and cross-examine witnesses who testify at any hearing
on the application. If such respondent notifies the court not less than three days before
the hearing that he or she wishes to cross-examine the examining physicians, the court
shall order such physicians to appear. The court shall cause a recording of the testimony
of such hearing to be made, to be transcribed only in the event of an appeal from the
decree rendered hereunder. A copy of such transcript shall be furnished without charge
to any appellant whom the Court of Probate finds unable to pay for the same. The cost
of such transcript shall be paid from funds appropriated to the Judicial Department.
If, on such hearing, the court finds by clear and convincing evidence that the person
complained of has psychiatric disabilities and is dangerous to himself or herself or others
or gravely disabled, it shall make an order for his or her commitment, considering
whether or not a less restrictive placement is available, to a hospital for psychiatric
disabilities to be named in such order, there to be confined for the period of the duration
of such psychiatric disabilities or until he or she is discharged or converted to voluntary
status pursuant to section 17a-506 in due course of law. Such court order shall further
command some suitable person to convey such person to such hospital for psychiatric
disabilities and deliver him or her, with a copy of such order and of such certificates,
to the keeper thereof. In appointing a person to execute such order, the court shall give
preference to a near relative or friend of the person with psychiatric disabilities, so far
as it deems it practicable and judicious. Notice of any action taken by the court shall be
given to the respondent and his or her attorney, if any, in such manner as the court
concludes would be appropriate under the circumstances.
(d) If the respondent refuses to be examined by the court-appointed physicians as
herein provided, the court may issue a warrant for the apprehension of the respondent
and a police officer for the town in which such court is located or if there is no such
police officer then the state police shall deliver the respondent to a general hospital
where the respondent shall be examined by two physicians one of whom shall be a
psychiatrist, in accordance with subsection (c) of this section. If as a result of such
examination, the respondent is committed under section 17a-502, transportation of the
respondent to any such hospital, if such respondent is a female, shall be in accordance
with the provisions of section 17a-505. If the respondent is not committed under section
17a-502, he shall be released and the reports of such physicians shall be sent to the Court
of Probate to satisfy the requirement of examination of two physicians under subsection
(c) of this section.
(e) The respondent shall be given the opportunity to elect voluntary status under
section 17a-506 at any time prior to adjudication of the application, subject to the following provisions: (1) In the event that a patient is in the hospital, the patient shall be
informed by a member of the hospital staff within twenty-four hours prior to the time
an application is filed with the court, that he or she may continue in the hospital on a
voluntary basis under the provisions of section 17a-506, and any application for involuntary commitment by the hospital shall include a statement that such voluntary status has
been offered to the respondent and refused, and (2) in the event that a respondent is not
hospitalized the notice of hearing shall inform the respondent that he or she has the right
to enter the hospital on a voluntary basis under the provisions of section 17a-506, and
if the respondent enters the hospital under said section, the application for involuntary
commitment shall be withdrawn. When any patient who has elected voluntary status
following the filing of an application but prior to adjudication in any proceeding for
involuntary commitment thereafter notifies the hospital that he or she wants to be released, a new application for involuntary commitment may be filed. If such application
is filed within forty-five days after the patient's election of voluntary status on a prior
application, the application for involuntary commitment may, at the discretion of the
judge, be heard on the merits, notwithstanding the patient's subsequent request to remain
a voluntary patient under the provisions of section 17a-506. Notwithstanding the provisions of sections 17a-29, 17a-540, 17a-543, 17a-544, subsection (f) of section 17a-547
and section 17a-548, in the event that a patient under section 17a-506 refuses to accept
medication or treatment in accordance with the treatment plan prescribed by the attending physician and such patient is imminently dangerous to himself or others, an
application for involuntary commitment may be filed for such patient in accordance
with the provisions of this section.
(f) The respondent shall be present at any hearing for his or her commitment under
this section. If the respondent is medicated at that time, the court shall be notified by
the hospital in writing of such fact and of the common effects of such medication.
(g) The hospital shall notify each patient at least annually that such patient has a
right to a further hearing pursuant to this section. In the event that the patient requests
such hearing it shall be held by the court of probate which ordered the confinement of
such patient. Any such request shall be immediately filed with the appropriate court by
the hospital. After such request is filed with the Probate Court, it shall proceed in the
manner provided in subsections (a), (b), (c) and (f) of this section. In addition, the hospital
shall furnish each court of probate on a monthly basis with a list of all patients confined
therein involuntarily by such court who have been confined without release for one year
since the last annual review under this section of the patient's commitment or since the
original commitment. The hospital shall include in such notification the type of review
which the patient last received. If the patient's last annual review had a hearing, the
probate court notified shall, within fifteen business days thereafter, appoint an impartial
physician who is a psychiatrist from the list provided by the Commissioner of Mental
Health and Addiction Services as set forth in subsection (c) of this section and not
connected with the hospital in which the patient is confined nor related by blood or
marriage to the original applicant or to the respondent, which physician shall see and
examine each such patient within fifteen business days after his appointment and make
a report forthwith to such court of the condition of the patient on forms provided by the
Department of Mental Health and Addiction Services. If the Court of Probate concludes
that the confinement of any such patient should be reviewed by such court for possible
release of the patient, the court, on its own motion, shall proceed in the manner provided
in subsections (a), (b), (c) and (f) of this section, except that the examining physician
shall be considered one of the physicians required by subsection (c) of this section. If
the patient's last annual review did not result in a hearing, and in any event at least every
two years, the probate court notified shall, within fifteen business days, proceed with a
hearing in the manner provided in subsections (a), (b), (c) and (f) of this section. All costs
and expenses, including Probate Court entry fees provided by statute, in conjunction with
the annual psychiatric review and the judicial review under this subsection, except costs
for physicians appointed pursuant to this subsection, shall be established by, and paid
from funds appropriated to, the Judicial Department, however, if funds have not been
included in the budget of the Judicial Department for such costs and expenses, such
payment shall be made from the Probate Court Administration Fund. Compensation of
any physician appointed to conduct the annual psychiatric review, to examine a patient
for any hearing held as a result of such annual review or for any other biennial hearing
required pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive,
17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be paid by the state from funds appropriated to the Department of Mental Health and Addiction Services in accordance with
rates established by the Department of Mental Health and Addiction Services.
(1949 Rev., S. 2645; 1963, P.A. 199; 1971, P.A. 760, S. 1; P.A. 76-227, S. 3, 7; P.A. 77-4, S. 1, 2; 77-595, S. 3, 9; 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-515, S. 3; P.A. 80-304, S. 1; 80-483, S. 75, 186; P.A. 81-307, S.
1, 2; P.A. 82-347, S. 2; 82-472, S. 54, 183; P.A. 83-295, S. 19; P.A. 85-523, S. 4, 9; P.A. 89-326, S. 2, 3, 7; P.A. 94-27,
S. 4, 17; 94-204, S. 4, 5; P.A. 95-257, S. 11, 48, 58; P.A. 96-170, S. 5, 11, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 10; P.A.
00-196, S. 16.)
History: 1963 act required that one of physicians selected by court be a practicing psychiatrist and clarified that physicians not be connected with hospital to which commitment is being made rather than with any hospital for mental illness;
1971 act added provisions re appointment of counsel, access to records cross-examination of committing physicians and
transcripts; P.A. 76-227 added provisions re contents of hearing notice, required that person have reasonable opportunity
to select counsel to be appointed by court, clarified and expanded provisions re access to records, required physicians
making out certificates to have been practitioners for one year rather than three years, required certificate to state that
person is dangerous to self or others or gravely disabled rather than "a fit subject for confinement in a hospital for mental
illness", added provisions re persons under medication at time of hearing, replaced "committing" with "examining" physicians, restated provisions re court's findings and order and added Subsec. (b) re notification of right to further hearing;
P.A. 77-4 changed effective date of P.A. 76-227 from March 1 to October 1, 1977; P.A. 77-595 divided former Subsec.
(a) into Subsecs. (a) to (c), replaced "complaint" with "application" and "person" with "respondent", removed provisions
in Subsec. (a) re warrants and procedure against person at large and alleged to be dangerous, expanded provisions re
appointment of counsel, clarified and expanded provisions re physician's testimony, deleted specific provisions re medicated respondents, required notice to respondent and his attorney of any court action, inserted new Subsecs. (d) to (f) re
refusal to be examined by court-appointed physicians, volunteering to enter hospital and respondent's presence at court,
made former Subsec. (b) Subsec. (g) and expanded provisions re review of cases; P.A. 77-614 and P.A. 78-303 made state
police department a division within the department of public safety, effective January 1, 1979; P.A. 79-515 amended
Subsec. (b) to release court from duty of appointing counsel if respondent refuses counsel and understands the nature of
his refusal and to clarify what evidence is admissible, rewrote Subsec. (e) re election of admission voluntarily and clarified
Subsecs. (f) and (g); P.A. 80-304 deleted provision in Subsec. (c) re revocation of commitment order by court; P.A. 80-483 made technical changes; P.A. 81-307 amended Subsec. (g) to include probate court entry fee in costs and expenses
paid by the state; P.A. 82-347 added "business" before "days" and "impartial" before "physicians"; P.A. 82-472 made
technical correction in Subsec. (g); P.A. 83-295 amended Subsec. (b) to provide that the compensation of appointed counsel
shall be established by the judicial department rather than "the court"; P.A. 85-523 revised Subsec. (g) by providing that
compensation of physicians appointed pursuant to section shall be paid by judicial department and compensation for
physician for annual psychiatric review or any biennial hearing shall be paid by department of mental health; P.A. 89-326
amended Subsec. (b) to provide that the compensation of appointed counsel shall be established by the probate court
administrator, rather than the judicial department, and be paid from the probate court administration fund, rather than from
funds appropriated to the judicial department, and amended Subsec. (g) to provide that costs for appointed physicians shall
be paid from the probate court administration fund, rather than from funds appropriated to the judicial department, and
shall be in accordance with rates established by the probate court administrator, rather than by the judicial department;
Sec. 17-178 transferred to Sec. 17a-498 in 1991; P.A. 94-27 amended Subsec. (g) to delete reference to Secs. 17a-580 to
17a-603, inclusive, effective July 1, 1994; P.A. 94-204 added provision re conversion to voluntary status, effective June
7, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of
Mental Health and Addiction Services and specified variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995; P.A. 96-170 amended Subsecs. (b) and (g) by changing funding of compensation
of counsel and of expenses of annual psychiatric and judicial review from Probate Court Administration Fund to funds
appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective
July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 99-84 amended
Subsec. (c) by deleting "sworn" and inserting "signed under penalty of false statement"; P.A. 00-196 made technical
changes in Subsec. (c).
See Sec. 17a-507 re admission to general hospital having psychiatric facilities.
Annotations to former section:
Father of insane person liable for expense incurred by town. 23 C. 356. Residence of pauper; what town chargeable
with support. 69 C. 1. Pauper defined; history of law. 84 C. 549. The legal presumption of insanity created by commitment
removed upon discharge. Under insanity commitment, contracts of party committed are voidable only. 113 C. 604. No
duty on trustee of beneficiary who was inmate in state institution to use discretionary trust fund for support of inmate. 133
C. 31. Town where pauper has settlement is liable at statutory rate for his care as a patient in a state hospital from time of
the initial existence of his pauper status. 139 C. 469. Cited. Id., 474.
Former statute construed. 4 CS 286.
Annotations to former section 17-178:
Confinement rightly continued where dementia praecox patient threatened further self-mutilation because of religious
delusions. 157 C. 56. Cited. 169 C. 13. Cited. 173 C. 473. Cited. 174 C. 464. Cited. 192 C. 520; Id., 532. Cited. 224 C. 168.
Cited. 43 CA 592.
Cited. 30 CS 320. Cited. 33 CS 193; Id., 268. Probate court lacks jurisdiction over mental health commitment of children
or youths. Superior court has jurisdiction pursuant to section 46b-121. 35 CS 241. Commitment order for minor was null
and void since probate court lacks jurisdiction to entertain and determine matters involving the mental health commitment
of children or youths. Id.
Subsec. (c):
Cited. 199 C. 609. Cited. 211 C. 591.
Annotations to present section:
Cited. 224 C. 168. Cited. 230 C. 400. Cited. 236 C. 625.
Cited. 43 CA 592.
Subsec. (c):
Cited. 233 C. 44.