26-6b-7 - Periodic review of individuals under court order.
26-6b-7. Periodic review of individuals under court order.
(1) At least two weeks prior to the expiration of the designated period of any court orderstill in effect, the petitioner shall inform the court that issued the order that the order is about toexpire. The petitioner shall immediately reexamine the reasons upon which the court's order wasbased. If the petitioner determines that the conditions justifying that order no longer exist, it shalldischarge the individual from involuntary quarantine, isolation, or treatment and report its actionto the court for a termination of the order. Otherwise, the court shall schedule a hearing prior tothe expiration of its order and proceed under Sections 26-6b-4 through 26-6b-6.
(2) The petitioner responsible for the care of an individual under a court order ofinvoluntary quarantine, isolation, or treatment for an indeterminate period shall at six-monthintervals reexamine the reasons upon which the order of indeterminate duration was based. If thepetitioner determines that the conditions justifying that the court's order no longer exist, thepetitioner shall discharge the individual from involuntary quarantine, isolation, or treatment andimmediately report its action to the court for a termination of the order. If the petitionerdetermines that the conditions justifying the involuntary quarantine, isolation, or treatmentcontinue to exist, the petitioner shall send a written report of those findings to the court. Thepetitioner shall notify the individual and his counsel of record in writing that the involuntaryquarantine, isolation, or treatment will be continued, the reasons for that decision, and that theindividual has the right to a review hearing by making a request to the court. Upon receiving therequest for a review, the court shall immediately set a hearing date and proceed under Sections26-6b-4 through 26-6b-6.
Enacted by Chapter 211, 1996 General Session