26B-5-503.  Petition for essential treatment — Contents — Commitment to pay.

(1)  A relative seeking essential treatment and intervention for a sufferer of a substance use disorder may file a petition with the court of the county in which the sufferer of the substance use disorder resides or is found.

Terms Used In Utah Code 26B-5-503

  • Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
  • Relative: means an adult who is a spouse, parent, stepparent, grandparent, child, or sibling of an individual. See Utah Code 26B-5-501
  • Serious harm: means the individual, due to substance use disorder, is at serious risk of:
(a) drug overdose;
(b) suicide;
(c) serious bodily self-injury;
(d) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter; or
(e) causing or attempting to cause serious bodily injury to another individual. See Utah Code 26B-5-501
  • Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
    • (2)  The petition shall include:

    (a)  the respondent’s:

    (i)  legal name;

    (ii)  date of birth, if known;

    (iii)  social security number, if known; and

    (iv)  residence and current location, if known;

    (b)  the petitioner’s relationship to the respondent;

    (c)  the name and residence of the respondent’s legal guardian, if any and if known;

    (d)  a statement that the respondent:

    (i)  is suffering from a substance use disorder; and

    (ii)  if not treated for the substance use disorder presents a serious harm to self or others;

    (e)  the factual basis for the statement described in Subsection (2)(d); and

    (f)  at least one specified local substance abuse authority or approved treatment facility or program where the respondent may receive essential treatment.

    (3)  Any petition filed under this section:

    (a)  may be accompanied by proof of health insurance to provide for the respondent’s essential treatment;

    (b)  shall be accompanied by a binding commitment to pay, signed by the petitioner or another individual, obligating the petitioner or other individual to pay all treatment costs beyond those covered by the respondent’s health insurance policy for court-ordered essential treatment for the respondent; and

    (c)  may be accompanied by documentation of emergency, life saving treatment provided to the respondent.

    (4)  Nothing in this section alters the contractual relationship between a health insurer and an insured individual.

    Renumbered and Amended by Chapter 308, 2023 General Session

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