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Request For Hearing Form. This is a North Carolina form and can be use in Special Proceedings Statewide.
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Tags: Request For Hearing, DMH 5-76-01, North Carolina Statewide, Special Proceedings
REQUEST FOR HEARING
STATE OF NORTH CAROLINA
Department of Health and Human Services
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
House Bill 95
Yes
No If “Yes”, Clerk of Court notified by phone on Date: ____________
File #__________ Film #__________
Facility Name: _______________________________________________________________________________
Facility Address: _____________________________________________________________________________
COUNTY
IN THE MATTER OF:
Respondent’s name: _________________________________________________ Client Record Number: _____________
Unit/ Building/ Ward (when applicable): ___________________________________________________________________
TO: Clerk of Superior Court of _____________________ County
This serves as official notice that an ❏ initial hearing,
supplemental hearing,
first rehearing, or
subsequent rehearing needs to be scheduled for the above named respondent for the following reason:
Inpatient
Outpatient
Combination Inpatient-Outpatient
Substance Abuse treatment will be necessary beyond ________________________(Commitment Expiration Date)
Attached is the Examination and Recommendation to Determine Necessity for Involuntary Commitment (DMH 572-01).
A hearing is required to determine the appropriateness of the respondent’s:
Continued inpatient treatment
Outpatient treatment
Discharge
Conditional release and the respondent was committed as a result of conduct resulting in his being charged with a
violent crime including a crime involving an assault with a deadly weapon, and the respondent was found not guilty by
reason of insanity or incapable of proceeding to trial
The respondent has failed to comply or clearly refuses to comply with all or part of the prescribed 0utpatient treatment.
A report of reasonable efforts made to solicit the respondent’s compliance is attached.
The respondent is an
outpatient
substance abuse commitment and intends to move or has moved to another
county within the state. Attached is the Examination and Recommendation to Determine Necessity for Involuntary
Commitment (DMH 572-01).
The respondent is currently under inpatient commitment but now meets the criteria for outpatient commitment. Attached
is the Examination and Recommendation to Determine Necessity for Involuntary Commitment (DMH 572-01).
The respondent is a
minor
incompetent adult in a restrictive 24-hour facility as a hearing needs to be scheduled to
determine whether the court concurs with the voluntary admission/continued stay. Treatment will be necessary beyond
__________________ (Expiration date). Attached is the Evaluation for Admission/Continued Stay (DMH 573-01). If
initial hearing, please attach copy of Application for Admission.
The respondent was transferred to the above named facility on ____________(date) from
__________________________________ (transferring facility) in ________________ County prior to the
initial judicial commitment hearing
initial judicial determination (involuntary minors and voluntary incompetent
adults).
The respondent, who is under substance abuse commitment, will require treatment in a 24-hour facility beyond 45
consecutive days. The 45 days will expire on _______________ (date). Attached is the Examination and
Recommendation to Determine Necessity for Involuntary Commitment.
Clerk: Please issue Subpoena To Testify to respondent for hearing requested above.
DISTRIBUTION WHEN REQUEST TO RETURN IS ISSUED:
Original: Clerk of Superior Court where facility is located
_______________________________________________________
Outpatient or Substance Abuse – Clerk of Superior Court
Signature & Title
Where commitment is supervised
CC:
Medical Records
NOTE: If current status is:
Respondent’s Attorney, when applicable
- Inpatient Commitment – must be signed by Attending Physician
State’s Attorney, when applicable
- Outpatient or Substance Abuse Commitment -- must be signed by
* Respondant ** Petitioner
Responsible Professional
DMH 5-76-01
Revised September 2001
REQUEST FOR HEARING
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