New Hampshire Revised Statutes 135-C:27 – Involuntary Emergency Admission; Criteria
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A person shall be eligible for involuntary emergency admission if he is in such mental condition as a result of mental illness to pose a likelihood of danger to himself or others.
I. As used in this section “danger to himself” is established by demonstrating that:
(a) Within 40 days of the completion of the petition, the person has inflicted serious bodily injury on himself or has attempted suicide or serious self-injury and there is a likelihood the act or attempted act will recur if admission is not ordered;
(b) Within 40 days of the completion of the petition, the person has threatened to inflict serious bodily injury on himself and there is likelihood that an act or attempt of serious self-injury will occur if admission is not ordered; or
(c) The person’s behavior demonstrates that he so lacks the capacity to care for his own welfare that there is a likelihood of death, serious bodily injury, or serious debilitation if admission is not ordered.
(d) The person meets all of the following criteria:
(1) The person has been determined to be severely mentally disabled in accordance with rules authorized by N.H. Rev. Stat. § 135-C:61 for a period of at least one year;
(2) The person has had at least one involuntary admission, within the last 2 years, pursuant to N.H. Rev. Stat. § 135-C:34-54;
(3) The person has no guardian of the person appointed pursuant to RSA 464-A;
(4) The person is not subject to a conditional discharge granted pursuant to N.H. Rev. Stat. § 135-C:49, II;
(5) The person has refused the treatment determined necessary by a mental health program approved by the department; and
(6) A psychiatrist at a mental health program approved by the department has determined, based upon the person’s clinical history, that there is a substantial probability that the person’s refusal to accept necessary treatment will lead to death, serious bodily injury, or serious debilitation if admission is not ordered.
II. As used in this section “danger to others” is established by demonstrating that within 40 days of the completion of the petition, the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another.
I. As used in this section “danger to himself” is established by demonstrating that:
Terms Used In New Hampshire Revised Statutes 135-C:27
- Conditional discharge: means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission. See New Hampshire Revised Statutes 135-C:2
- Department: means the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mental illness: means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. See New Hampshire Revised Statutes 135-C:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Psychiatrist: means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc. See New Hampshire Revised Statutes 135-C:2
- Severely mentally disabled: means having a mental illness which is either so acute or of such duration as to cause a substantial impairment of a person's ability to care for himself or to function normally in society in accordance with rules authorized by N. See New Hampshire Revised Statutes 135-C:2
- Treatment: means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. See New Hampshire Revised Statutes 135-C:2
(a) Within 40 days of the completion of the petition, the person has inflicted serious bodily injury on himself or has attempted suicide or serious self-injury and there is a likelihood the act or attempted act will recur if admission is not ordered;
(b) Within 40 days of the completion of the petition, the person has threatened to inflict serious bodily injury on himself and there is likelihood that an act or attempt of serious self-injury will occur if admission is not ordered; or
(c) The person’s behavior demonstrates that he so lacks the capacity to care for his own welfare that there is a likelihood of death, serious bodily injury, or serious debilitation if admission is not ordered.
(d) The person meets all of the following criteria:
(1) The person has been determined to be severely mentally disabled in accordance with rules authorized by N.H. Rev. Stat. § 135-C:61 for a period of at least one year;
(2) The person has had at least one involuntary admission, within the last 2 years, pursuant to N.H. Rev. Stat. § 135-C:34-54;
(3) The person has no guardian of the person appointed pursuant to RSA 464-A;
(4) The person is not subject to a conditional discharge granted pursuant to N.H. Rev. Stat. § 135-C:49, II;
(5) The person has refused the treatment determined necessary by a mental health program approved by the department; and
(6) A psychiatrist at a mental health program approved by the department has determined, based upon the person’s clinical history, that there is a substantial probability that the person’s refusal to accept necessary treatment will lead to death, serious bodily injury, or serious debilitation if admission is not ordered.
II. As used in this section “danger to others” is established by demonstrating that within 40 days of the completion of the petition, the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another.