Louisiana Revised Statutes 28:67 – A petition for an order authorizing involuntary outpatient treatment may be filed in the judicial district in the parish in which the respondent is present or reasonably believed to
Terms Used In Louisiana Revised Statutes 28:67
- administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local governing entity: means an integrated human services delivery system with local accountability and management and which provides behavioral health and developmental disabilities services through local human services districts and authorities. See Louisiana Revised Statutes 28:2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Petition: means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility. See Louisiana Revised Statutes 28:2
- Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners in active practice or an individual in a post-graduate medical training program of an accredited medical school in Louisiana or a medical officer similarly qualified by the government of the United States while in the state in the performance of his official duties. See Louisiana Revised Statutes 28:2
- Respondent: means a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and for whom an application for commitment to a treatment facility has been filed. See Louisiana Revised Statutes 28:2
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
A petition for an order authorizing involuntary outpatient treatment may be filed in the judicial district in the parish in which the respondent is present or reasonably believed to be present. A petition to obtain an order authorizing involuntary outpatient treatment may be initiated by one of the following persons:
(1) The director, administrator, or treating physician of a hospital in which the respondent is hospitalized.
(2) The director, administrator, or treating physician of an emergency receiving center in which the respondent is receiving services.
(3) The director of the local governing entity, or his designee, in the parish in which the respondent is present or reasonably believed to be present.
(4)(a) Any interested person through counsel. The court may order the coroner in the jurisdiction in which the respondent is found to provide written concurrence to the allegations found in the petition to authorize involuntary outpatient treatment.
(b) For the purposes of this Section, “interested person” means anyone of legal age who has an interest in the outcome of a particular case, which may include but shall not be limited to any adult relative or friend of the respondent, any official or representative of a public or private agency, corporation, or association that is concerned with the respondent’s welfare, or any other person found suitable by the court.
(5) The Louisiana Department of Health.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2013, No. 226, §1; Acts 2017, No. 369, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.