Louisiana Revised Statutes 28:71 – A. If the court determines that the respondent does not meet the criteria for involuntary outpatient treatment, the court shall dismiss the petition.
Terms Used In Louisiana Revised Statutes 28:71
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- Psychiatric mental health nurse practitioner: means an advanced practice registered nurse licensed to practice as a nurse practitioner or clinical nurse specialist by the Louisiana State Board of Nursing, in accordance with the provisions of La. See Louisiana Revised Statutes 28:2
- Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with La. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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. If the court determines that the respondent does not meet the criteria for involuntary outpatient treatment, the court shall dismiss the petition.
B. If the court finds by clear and convincing evidence that the respondent meets the criteria for involuntary outpatient treatment, and no less-restrictive alternative is feasible, the court shall order that the respondent receive involuntary outpatient treatment for an initial period not to exceed one year. The court shall state reasons why the proposed treatment plan is the least restrictive treatment appropriate and feasible for the respondent. The order shall state the categories of involuntary outpatient treatment as set forth in La. Rev. Stat. 28:70, which the respondent is to receive, and the court may not order treatment that has not been recommended by the physician, psychiatric mental health nurse practitioner, or psychologist in consultation with the treatment team and included in the written treatment plan. The court shall not order an outpatient commitment unless it is certified to the court that the services are available.
C. If the court finds by clear and convincing evidence that the respondent meets the criteria for involuntary outpatient treatment, and a written proposed treatment plan has not been approved, the court shall order the director of the local governing entity to provide a plan and testimony within five days of the date of the order.
D. The court may order the respondent to self-administer psychotropic drugs or order the administration of such drugs by authorized personnel as part of an involuntary outpatient treatment program. The order shall specify the type of psychotropic drugs and it shall be effective for the duration of such involuntary outpatient treatment.
E. The treatment provider shall apply for court approval prior to instituting a proposed material change in the involuntary outpatient treatment order unless such change is contemplated in the order. For purposes of this Subsection, a material change shall mean an addition or deletion of a category of involuntary outpatient treatment service, or any deviation without the consent of the respondent from the terms of an existing order relating to the administration of psychotropic drugs, or a change of residence from one local governing entity to another. A material change shall not mean a change in the dosage or the specific psychotropic drug within the type ordered by the court. Any application for court approval shall be served upon all persons required to be served with notice of a petition for an order authorizing involuntary outpatient treatment. Either party may move for a hearing on the application. If a motion is not filed within five days from the date the application is filed, the court shall grant the application.
F. Failure to comply with an order of assistive outpatient treatment shall not be grounds, in and of itself, for involuntary civil commitment or a finding of contempt of court.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2015, No. 317, §1; Acts 2017, No. 369, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.