Maryland § 10-6A-04 - IN EFFECT

§ 10-6A-04. IN EFFECT

    IN EFFECT

    // EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //

    (a)    A petition for assisted outpatient treatment may be made under this subtitle by the director of a mental health program receiving State funding under Subtitle 9, Part I of this title, or by any individual at least 18 years old who has a legitimate interest in the welfare of the respondent.

    (b)    The petition for assisted outpatient treatment shall be in writing, signed by the petitioner, and state:

        (1)    The petitioner’s name, address, and relationship, if any, to the respondent;

        (2)    The name and any known address of the respondent;

        (3)    That the petitioner has reason to believe the respondent meets the criteria for assisted outpatient treatment in § 10–6A–05 of this subtitle; and

        (4)    For each criterion for assisted outpatient treatment in § 10–6A–05 of this subtitle, the specific allegations of fact that support the petitioner’s belief that the respondent meets the criterion.

    (c)    The petition for assisted outpatient treatment shall be accompanied by an affidavit or affirmation of a psychiatrist, stating that the psychiatrist is willing and able to testify at the hearing on the petition and has:

        (1)    Examined the respondent within 30 days before the date of the petition; and

        (2)    Concluded that the respondent meets the criteria for assisted outpatient treatment in § 10–6A–05 of this subtitle.

    (d)    (1)    A petition for assisted outpatient treatment shall be filed in the circuit court for the county in which the respondent resides or in the county of the last known residence of the respondent.

        (2)    On the filing of a petition under paragraph (1) of this subsection, the circuit court shall notify the following of the filing of the petition:

            (i)    The respondent;

            (ii)    The Mental Health Division in the Office of the Public Defender;

            (iii)    As applicable, the local behavioral health authority, the county’s core service agency, or the Department;

            (iv)    The county attorney; and

            (v)    If applicable and known, the respondent’s guardian and health care agent.

    (e)    A petition filed under this subtitle shall be held under seal and may not be published on Maryland Judiciary Case Search.