Louisiana Children’s Code 1437 – Probable cause; order for examination
Terms Used In Louisiana Children's Code 1437
- Department: means the Louisiana Department of Health. See Louisiana Children's Code 1404
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Respondent: means a person alleged to be mentally ill or suffering from substance abuse and for whom an application for commitment to a treatment facility has been filed. See Louisiana Children's Code 1404
- Substance abuse: means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled. See Louisiana Children's Code 1404
A. As soon as practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the minor respondent is suffering from mental illness which contributes or causes him to be a danger to himself or others, or to be gravely disabled, or is suffering from substance abuse which contributes or causes him to be a danger to himself or others or to be gravely disabled.
B. If the court determines that probable cause exists, the court may appoint the minor respondent’s treating physician if available or, if none, then another physician, preferably a psychiatrist, to examine the minor and make a written report to the court and respondent’s attorney on the form provided by the office of behavioral health of the Louisiana Department of Health.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2013, No. 220, §25, eff. June 11, 2013.