IN THE CIRCUIT COURT OF _______________ COUNTY, WEST VIRGINIA IN RE: Involuntary Hospitalization of: Case No. ________- MH -________ ___________________________________ RESPONDENT ORDER REGARDING REQUEST OF POSTPONEMENT [W.Va. Code: §27-5-2(f)] On the _______ day of ____________________, 20_____, came the Respondent and/or Counsel for Respondent, _____________ _____________________________________________, and made request to this Court pursuant to West Virginia Code: § 27-5-2(f) to postpone the probable cause hearing in this matter for a period not to exceed forty-eight (48) hours. The Applicant: [Initial one] ________ objects to the request for postponement. ________ does NOT object to the request for postponement. After due consideration, it is hereby, ORDERED that: [Initial applicable disposition] _________ The probable cause hearing in this matter be and is hereby postponed, and the hearing is rescheduled for and shall be held on the _________ day of _________________________, 20________, at the hour of ____________________________M, not to exceed a period of forty-eight hours. _________ Respondent's request is hereby denied for the following reasons: ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ______________________________________________________________________________________ It is further ORDERED that: [Initial applicable provision] _______ Inasmuch as the Circuit Court has previously entered a standing administrative order, to-wit: number ________, establishing within _________________________ County/Circuit a program which assures the safety and humane treatment of respondents while awaiting a hearing, the Respondent shall be detained in said program during the period of postponement. __________ Inasmuch as ____________________________ County has a county facility for detention and custody meeting the requirements of West Virginia Code: § 27-1-14 , the Respondent shall be detained in said county facility during the period of postponement. SCA-MH 903P -1 /6-06 POSTPONEMENT ORDER Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com __________ Inasmuch as Respondent has agreed to VOLUNTARILY admit him or herself to the ________________ ___________________________________mental health/addiction treatment facility as an inpatient and remain VOLUNTARILY at said facility during the requested period of postponement, and said facility has agreed to accept Respondent as a voluntary inpatient during the period of postponement, the Sheriff shall transport Respondent to the ______________________________________________________ mental health/addiction treatment facility and release Respondent from custody upon inpatient admission to said facility. The Sheriff shall prior to the probable cause hearing scheduled hereinabove take Respondent into custody from said facility and bring Respondent before this Court for the scheduled hearing. If Respondent attempts/obtains voluntary discharge from the facility during the period of postponement, the Sheriff is to forthwith take Respondent into custody, and: [initial applicable disposition] ________ bring Respondent before this Court for forthwith hearing. ________ detain Respondent, until the scheduled hearing, in the program of placement which assures the safety and humane treatment of respondents while awaiting hearing as established by the previously entered standing administrative order of the Circuit Court, to-wit: number _____________. __________ detain Respondent, until the scheduled hearing, in the county facility for detention and custody permitted pursuant to the requirements of West Virginia Code: § 27-1-14. __________ [Insert any additional/alternative findings] ______________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ The Clerk shall enter the foregoing as of the date first above written and transmit attested copies thereof to the Sheriff of _________________________________ County; to ________________________________________ Mental Health Center; to Appointed Counsel for the Respondent; to the Applicant; and to the Prosecuting Attorney of _____________________________ County, West Virginia for determination of whether he or she deems it in the public interest to appear at the probable cause hearing. _______________________________________________________________________ MENTAL HYGIENE COMMISSIONER / CIRCUIT JUDGE / MAGISTRATE SCA-MH 903P -1 /6-06 POSTPONEMENT ORDER Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com