631.140. Additional detention may be requested--contents of petition.
Additional detention may be requested--contents of petition.
631.140. 1. At the expiration of the ninety-six-hour period, therespondent may be detained and treated involuntarily for an additional twojudicial days only if the head of the alcohol or drug abuse facility or amental health coordinator has filed a petition for additional detention notto exceed thirty days.
2. Within ninety-six hours following initial detention, the head ofthe facility or the mental health coordinator may file, or cause to befiled, a petition for a thirty-day involuntary detention, treatment, orrehabilitation period provided he has reasonable cause to believe that theperson abuses alcohol or drugs and presents a likelihood of serious harm tohimself or others as a result of alcohol or drug abuse, or both. The courtshall serve the petition and list of prospective witnesses for thepetitioner upon the respondent and his attorney at least twenty-four hoursbefore the hearing. The head of the facility shall also notify the mentalhealth coordinator if the petition is not filed by the mental healthcoordinator. The petition shall:
(1) Allege that the respondent, by reason of alcohol or drug abuse,or both, presents a likelihood of serious harm to himself or to others;
(2) Allege that the respondent is in need of continued detention,treatment, and rehabilitation;
(3) Allege the specific behavior of the respondent or the facts whichsupport such conclusion;
(4) Allege that an alcohol or drug abuse facility which isappropriate to handle the respondent's condition has agreed to accept therespondent; and
(5) Be signed by a licensed physician who has examined therespondent.
(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)