53-21-121. (Temporary) Petition for commitment -- contents of -- notice of. (1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court:
     (a) alleging that there is a person within the county who is seriously mentally ill and requesting that the person be committed to a mental health facility for a period of no more than 3 months; or
     (b) alleging that there is a person within the county who is mentally ill and requesting that the person be committed to a mental health facility for a period of no more than 30 days.
     (2) The petition shall contain:
     (a) the name and address of the person requesting the petition and his interest in the case;
     (b) the name of the respondent and, if known, the address, age, sex, marital status, and occupation of the respondent;
     (c) the purported facts supporting the allegation of mental illness;
     (d) the name and address of every person known or believed to be legally responsible for the care, support, and maintenance of the person for whom evaluation is sought;
     (e) the name and address of the person's next of kin to the extent known to the county attorney and the person requesting the petition;
     (f) the name and address of any person whom the county attorney believes might be willing and able to be appointed as friend of respondent;
     (g) the name, address, and telephone number of the attorney, if any, who has most recently represented the person for whom evaluation is sought; if there is no attorney, there shall be a statement as to whether to the best knowledge of the person requesting the petition the person for whom evaluation is sought is indigent and therefore unable to afford the services of an attorney; and
     (h) a statement of the rights of the respondent which shall be in conspicuous print and identified by a suitable heading.
     (3) Notice of the petition shall be hand-delivered to the respondent and to his counsel on or before the initial appearance of the respondent before the judge or justice of the peace. Notice of the petition and the order setting the date and time of the hearing and the names of the respondent's counsel, professional person, and friend of respondent shall be hand-delivered or mailed to the person or persons legally responsible for care, support, and maintenance of the respondent, the next of kin identified in the petition, and any other person identified by the county attorney as a possible friend of respondent other than the one named as the friend of respondent. The notice may provide, other than as to the respondent and his counsel, that no further notice will be given unless written request is filed with the clerk of court. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

     53-21-121. (Effective July 1, 1997) Petition for commitment -- contents of -- notice of. (1) The county attorney, upon the written request of any person, may file a petition with the court alleging that there is a person within the county who is seriously mentally ill and requesting that the person be committed to a mental health facility for a period of no more than 3 months.
     (2) The petition shall contain:
     (a) the name and address of the person requesting the petition and his interest in the case;
     (b) the name of the respondent and, if known, the address, age, sex, marital status, and occupation of the respondent;
     (c) the purported facts supporting the allegation of mental illness;
     (d) the name and address of every person known or believed to be legally responsible for the care, support, and maintenance of the person for whom evaluation is sought;
     (e) the name and address of the person's next of kin to the extent known to the county attorney and the person requesting the petition;
     (f) the name and address of any person whom the county attorney believes might be willing and able to be appointed as friend of respondent;
     (g) the name, address, and telephone number of the attorney, if any, who has most recently represented the person for whom evaluation is sought; if there is no attorney, there shall be a statement as to whether to the best knowledge of the person requesting the petition the person for whom evaluation is sought is indigent and therefore unable to afford the services of an attorney; and
     (h) a statement of the rights of the respondent which shall be in conspicuous print and identified by a suitable heading.
     (3) Notice of the petition shall be hand-delivered to the respondent and to his counsel on or before the initial appearance of the respondent before the judge or justice of the peace. Notice of the petition and the order setting the date and time of the hearing and the names of the respondent's counsel, professional person, and friend of respondent shall be hand-delivered or mailed to the person or persons legally responsible for care, support, and maintenance of the respondent, the next of kin identified in the petition, and any other person identified by the county attorney as a possible friend of respondent other than the one named as the friend of respondent. The notice may provide, other than as to the respondent and his counsel, that no further notice will be given unless written request is filed with the clerk of court.

     History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(part); amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 6, Ch. 376, L. 1987.