§ 8709 - Petition and notice of hearing
§ 8709. Petition and notice of hearing
(a) Any mentally retarded adult, his or her parent, private guardian, near relative, as defined in section 8821 of this title, or physician, may file a petition in the superior court alleging that the person is mentally retarded and in need of sterilization.
(b) The petition shall set forth:
(1) the name, age and residence of the person to be sterilized;
(2) the names and addresses of the petitioner and parents, guardians, spouse and nearest relative of said person;
(3) the mental condition of said person;
(4) a statement of said person's ability to give informed consent to the sterilization;
(5) said person's ability to pay for legal counsel;
(6) the relation of said person to the petitioner;
(7) the reasons and supporting facts why sterilization is in the best interest of said person.
(c) Upon filing of the petition the court shall fix a time and place for the hearing not more than 45 days from the receipt of the petition. Not less than 20 days prior to the date set for the hearing, the court shall cause petitioner to serve respondent with the petition and notice of hearing. The court shall also mail a copy of the petition and notice of the hearing to respondent's counsel, his legal guardian and nearest relative. (Added 1981, No. 142 (Adj. Sess.), § 1.)