New Hampshire Revised Statutes 135-C:39 – Custody Prior to Hearing
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I. The person sought to be admitted for treatment on an involuntary basis shall be at liberty pending the hearing, unless:
(a) The person is under the protective custody of the department in accordance with N.H. Rev. Stat. § 135-C:27-33;
(b) The client has been admitted for voluntary care and wishes to remain so;
(c) The person is already in the custody of the department due to admission for treatment on an involuntary basis; or
(d) The person is in custody in the criminal justice system pursuant to N.H. Rev. Stat. § 135:17-a, I.
II. A period of involuntary admission ordered by a probate court pursuant to N.H. Rev. Stat. § 135-C:45 may be continued under subparagraph I (c), provided that a petition requesting a judicial hearing on the issue of subsequent involuntary admission has been filed with the appropriate probate court within the initial period of involuntary admission. Upon the filing of the petition, the period of involuntary admission may be extended until the issuance of the order of the probate court pursuant to N.H. Rev. Stat. § 135-C:45; provided that the probate court shall act upon the petition within 30 days of its filing.
(a) The person is under the protective custody of the department in accordance with N.H. Rev. Stat. § 135-C:27-33;
Terms Used In New Hampshire Revised Statutes 135-C:39
- Department: means the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- 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
- Probate: Proving a will
- 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
(b) The client has been admitted for voluntary care and wishes to remain so;
(c) The person is already in the custody of the department due to admission for treatment on an involuntary basis; or
(d) The person is in custody in the criminal justice system pursuant to N.H. Rev. Stat. § 135:17-a, I.
II. A period of involuntary admission ordered by a probate court pursuant to N.H. Rev. Stat. § 135-C:45 may be continued under subparagraph I (c), provided that a petition requesting a judicial hearing on the issue of subsequent involuntary admission has been filed with the appropriate probate court within the initial period of involuntary admission. Upon the filing of the petition, the period of involuntary admission may be extended until the issuance of the order of the probate court pursuant to N.H. Rev. Stat. § 135-C:45; provided that the probate court shall act upon the petition within 30 days of its filing.