26B-5-505.  Proceeding for essential treatment — Duties of court — Disposition.

(1)  A court shall review the assertions contained in the verified petition described in Section 26B-5-503.

Terms Used In Utah Code 26B-5-505

  • Essential treatment examiner: means :
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or
(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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)  If the court determines that the assertions, if true, are sufficient to order the respondent to undergo essential treatment, the court shall:

    (a)  set an expedited date for a time-sensitive hearing to determine whether the court should order the respondent to undergo essential treatment for a substance use disorder;

    (b)  provide notice of:

    (i)  the contents of the petition, including all assertions made;

    (ii)  a copy of any order for detention or examination;

    (iii)  the date of the hearing;

    (iv)  the purpose of the hearing;

    (v)  the right of the respondent to be represented by legal counsel; and

    (vi)  the right of the respondent to request a preliminary hearing before submitting to an order for examination;

    (c)  provide notice to:

    (i)  the respondent;

    (ii)  the respondent’s guardian, if any; and

    (iii)  the petitioner; and

    (d)  subject to the right described in Subsection (2)(b)(vi), order the respondent to be examined before the hearing date:

    (i)  by two essential treatment examiners; or

    (ii)  by one essential treatment examiner, if documentation before the court demonstrates that the respondent received emergency, life saving treatment:

    (A)  within 30 days before the day on which the petition for essential treatment and intervention was filed; or

    (B)  during the pendency of the petition for essential treatment and intervention.

    (3)  An essential treatment examiner shall examine the respondent to determine:

    (a)  whether the respondent meets each of the criteria described in Section 26B-5-504;

    (b)  the severity of the respondent’s substance use disorder, if any;

    (c)  what forms of treatment would substantially benefit the respondent, if the examiner determines that the respondent has a substance use disorder; and

    (d)  the appropriate duration for essential treatment, if essential treatment is recommended.

    (4)  An essential treatment examiner shall certify the examiner’s findings to the court within 24 hours after completion of the examination.

    (5)  The court may, based upon the findings of an essential treatment examiner, terminate the proceedings and dismiss the petition.

    (6)  The parties may, at any time, make a binding stipulation to an essential treatment plan and submit that plan to the court for court order.

    (7)  At the hearing, the petitioner and the respondent may testify and may cross-examine witnesses.

    (8)  If, upon completion of the hearing, the court finds that the criteria in Section 26B-5-504 are met, the court shall order essential treatment for an initial period that:

    (a)  does not exceed 360 days, subject to periodic review as provided in Section 26B-5-507; and

    (b) 

    (i)  is recommended by an essential treatment examiner; or

    (ii)  is otherwise agreed to at the hearing.

    (9)  The court shall designate the facility for the essential treatment, as:

    (a)  described in the petition;

    (b)  recommended by an essential treatment examiner; or

    (c)  agreed to at the hearing.

    (10)  The court shall issue an order that includes the court’s findings and the reasons for the court’s determination.

    (11)  The court may order the petitioner to be the respondent’s personal representative, as described in 45 C.F.R. § 164.502(g), for purposes of the respondent’s essential treatment.

    Renumbered and Amended by Chapter 308, 2023 General Session

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