New Hampshire Revised Statutes 135-C:53 – Action for Discharge
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Terms Used In New Hampshire Revised Statutes 135-C:53
- 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
- Psychiatrist: means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc. See New Hampshire Revised Statutes 135-C:2
- Receiving facility: means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system. See New Hampshire Revised Statutes 135-C:2
Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he was originally admitted, or where he resides, a petition setting forth his name, the underlying circumstances and date of the prior order of the court ordering his involuntary admission, a request for discharge from care and custody or admission to a receiving facility, and the reasons for such request. The petition shall be accompanied by the certificate of a psychiatrist stating that the patient is no longer in need of involuntary admission and setting forth the facts upon which such an opinion is based. Upon receipt of the petition and the certificate, the court shall conduct a hearing pursuant to N.H. Rev. Stat. § 135-C:34-54.