Louisiana Revised Statutes 28:454.5 – A. Any interested person, including a representative of the department, may file a petition seeking to have a person with a developmental disability remanded to the custody of the de
Terms Used In Louisiana Revised Statutes 28:454.5
- Appropriate: means all of the following:
(a) In accordance with standards of the Louisiana Department of Health and the provisions of this Chapter. See Louisiana Revised Statutes 28:451.2
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Dangerous to others: means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future. See Louisiana Revised Statutes 28:451.2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
- Determination: means determination of eligibility for entry into the system. See Louisiana Revised Statutes 28:451.2
- Developmental disabilities services: means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services. See Louisiana Revised Statutes 28:451.2
- Developmental disability: means either:
(a) A severe, chronic disability of a person that:
(i) Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments. See Louisiana Revised Statutes 28:451.2
- Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. 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.
- Interdisciplinary review: means a review by a team of professionals for the purpose of determining the presence of a developmental disability as defined in this Chapter. See Louisiana Revised Statutes 28:451.2
- Interdisciplinary team: means a group that reviews information, data and input from a person to make recommendations relevant to the needs of the person. See Louisiana Revised Statutes 28:451.2
- Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Services: means developmental disability services. See Louisiana Revised Statutes 28:451.2
- Substantial functional limitations: means documented evidence of limitations in present functioning considered within the context of community environments typical of the age, peers, and culture of the person. See Louisiana Revised Statutes 28:451.2
- System: means the developmental disabilities services system. See Louisiana Revised Statutes 28:451.2
A. Any interested person, including a representative of the department, may file a petition seeking to have a person with a developmental disability remanded to the custody of the department on the grounds that he is either dangerous to himself or dangerous to others.
B. The petition shall be filed in the judicial district in which the respondent resides or may be found. The petition shall contain the facts which are the basis of the assertion that the respondent is a person who has been diagnosed with a developmental disability and is either dangerous to himself or dangerous to others.
C. The petition shall attach the written report and recommendations prepared by an interdisciplinary team, if available, and any other available medical, educational or psychological records.
D. Upon the filing of the petition, the court shall:
(1) Assign a time for a hearing, not later than twenty calendar days after the filing of the petition, excluding weekends and legal holidays.
(2) Assign a place for a hearing upon the petition.
(3) Cause notice thereof to be personally served at least ten days prior to the hearing on the respondent and the attorney for the respondent. The notice shall satisfy the following requirements:
(a) The notice shall inform the respondent that he has a right to be present at the hearing.
(b) The notice shall inform the respondent that he has a right to counsel.
(c) The notice shall inform the respondent that he, if indigent or otherwise qualified, has the right to have counsel appointed to represent him.
(d) The notice shall inform the respondent that he has the right to present evidence and cross-examine witnesses at any hearing on such application.
E. The petition shall be served on the department at least ten days prior to the hearing.
F. Determination of probable cause.
(1) 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 respondent has a developmental disability and is either dangerous to himself or dangerous to others.
(2) If the court determines that there is probable cause to believe that the respondent meets the above criteria for involuntary commitment, the court may notify the department if the person is not currently in a confined setting. The department may refer appropriate cases to the office for available and temporary supports and services that meet the safety needs of the person or others.
(3) Before committing any person to the department, the court shall order a diagnosis and evaluation by the department and shall use this interdisciplinary evaluation as an expert recommendation. The written report on the diagnosis and evaluation of the person shall be made available to counsel for the respondent at least three days before the hearing.
(4) The respondent or his attorney shall have the right to seek additional independent expert opinion when necessary in their discretion.
G. The respondent shall have the right to privately retained and paid counsel at any time and all respondents must be represented by counsel as early as possible in every proceeding. If the respondent has no attorney, the court shall appoint an attorney to represent him. His attorney shall be granted access to all the records belonging to the person.
H. Entry into the developmental disabilities services system must be established by the department prior to any person being judicially committed to the department under this Chapter.
(1) Entry is established by a determination of the presence of a developmental disability as defined in this Chapter, through review of the court ordered diagnosis and evaluation, administration of a standardized interview and collection of information, including assessment of substantial functional limitations necessary for determination for entry into the system and for the establishment of legal status.
(2) No person shall be denied entrance into the system unless:
(a) The person has had the opportunity to have a face-to-face interview.
(b) The person has been given notice of his right to submit information in support of a determination for entry into the system including an independent diagnosis and evaluation at his expense.
(c) There has been an interdisciplinary review of necessary information.
(3) A written report on the determination for entry shall be made available to counsel for the respondent at least three days before the hearing.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2018, No. 206, §1.