BLAIR LEE III, Acting Governor

1707

AMERICAN PSYCHIATRIC ASSOCIATION. THE TERM SHALL NOT
INCLUDE MENTAL RETARDATION.

(5)    "PEACE OFFICER" MEANS A SHERIFF, STATE
POLICE OFFICER, MUNICIPAL OR OTHER LOCAL POLICE OFFICER.

(6)    "EMERGENCY ADMITTEE" MEANS A PERSON WHO IS
PROPOSED FOR ADMISSION TO AN EMERGENCY FACILITY, OR A PERSON
WHO HAS BEEN ADMITTED TO AN EMERGENCY FACILITY PURSUANT TO
THIS SECTION.

(B) (1) ANY INTERESTED PERSON WHO HAS REASON TO
BELIEVE THAT A PERSON IS MENTALLY DISORDERED AND IS IN CLEAR
AND IMMINENT DANGER OF CAUSING GRAVE AND IMMEDIATE PERSONAL
INJURY TO HIMSELF OR OTHERS MAY COMPLETE, SIGN, AND FILE A
PETITION FOR THE EMERGENCY ADMISSION OF SUCH PERSON WITH A
PEACE OFFICER. ANY INTERESTED PERSON WHO SIGNS AND FILES
THIS PETITION IS HEREINAFTER REFERRED TO AS THE PETITIONER.

(2)    THE PETITION SHALL INCLUDE THE FOLLOWING:

(I)    THE PETITIONER'S NAME, ADDRESS, AND
HOME AND WORK TELEPHONE NUMBERS;

(II)   THE NAME AND A DESCRIPTION OF THE
EMERGENCY ADMITTEE, AND IF AVAILABLE THE EMERGENCY
ADMITTEE'S ADDRESS AND THE NAMES AND ADDRESSES OF THE
EMERGENCY ADMITTEE'S SPOUSE, CHILDREN, PARENTS OR RELATIVES,
OR ANY PERSON KNOWN TO BE INTERESTED IN THE EMERGENCY
ADMITTEE;

(III)  A DESCRIPTION OF THE BEHAVIOR AND
STATEMENTS OF THE EMERGENCY ADMITTEE WHICH HAVE LED THE
PETITIONER TO REACH A REASONABLE PRESUMPTION THAT THE
EMERGENCY ADMITTEE IS MENTALLY DISORDERED, INCLUDING
WHATEVER BEHAVIOR AND STATEMENTS OF THE EMERGENCY ADMITTEE
THAT HAVE LED THE PETITIONER TO CONCLUDE THAT BECAUSE OF THE
PRESUMED MENTAL DISORDER, THE EMERGENCY ADMITTEE IS IN CLEAR
AND IMMINENT DANGER OF CAUSING GRAVE AND IMMEDIATE PERSONAL
HARM TO HIMSELF OR OTHERS, AND ANY OTHER FACTS THAT SUPPORT
THE PETITIONER'S CONCLUSION THAT THE EMERGENCY ADMISSION IS
APPROPRIATE;

(IV)   NOTICE THAT ANY PETITIONER COMPLETING
AND SIGNING THE PETITION MAY BE REQUIRED TO ACCOMPANY THE
EMERGENCY ADMITTEE TO A PHYSICIAN AND THAT THE STATE
DEPARTMENT OF MENTAL HYGIENE MAY REQUIRE THE APPEARANCE OF
THE PETITIONER AT THE MENTAL HEALTH FACILITY TO WHICH THE
EMERGENCY ADMITTEE IS ADMITTED WITHIN 96 HOURS IN ORDER TO
PROVIDE FURTHER INFORMATION, AND THAT FAILURE TO COMPLY
SHALL SUBJECT THE PETITIONER TO COURT ORDER COMPELLING HIS
APPEARANCE.

(3)    THE PEACE OFFICER WITH WHOM THE PETITION IS
FILED, UNLESS HE, HIMSELF, IS THE PETITIONER, SHALL EXPLAIN
TO EVERY PETITIONER THE SERIOUS NATURE OF THE PETITION AND
THE MEANING AND CONTENT OF THE PETITION SHALL BE EXPLAINED
TO ANY PETITIONER WHO CANNOT READ.