New Hampshire § 135-C-27 - Section 135-C:27 Involuntary Emergency Admission; Criteria.

§ 135-C-27. Section 135-C:27 Involuntary Emergency Admission; Criteria.

A person shall be eligible for involuntary emergency admission if he is in such mental condition as a result of mental illness to pose a likelihood of danger to himself or others. I. As used in this section "danger to himself" is established by demonstrating that: (a) Within 40 days of the completion of the petition, the person has inflicted serious bodily injury on himself or has attempted suicide or serious self-injury and there is a likelihood the act or attempted act will recur if admission is not ordered; (b) Within 40 days of the completion of the petition, the person has threatened to inflict serious bodily injury on himself and there is likelihood that an act or attempt of serious self-injury will occur if admission is not ordered; or (c) The person's behavior demonstrates that he so lacks the capacity to care for his own welfare that there is a likelihood of death, serious bodily injury, or serious debilitation if admission is not ordered. (d) The person meets all of the following criteria: (1) The person has been determined to be severely mentally disabled in accordance with rules authorized by RSA 135-C:61 for a period of at least one year; (2) The person has had at least one involuntary admission, within the last 2 years, pursuant to RSA 135-C:34-54; (3) The person has no guardian of the person appointed pursuant to RSA 464-A; (4) The person is not subject to a conditional discharge granted pursuant to RSA 135-C:49, II; (5) The person has refused the treatment determined necessary by a mental health program approved by the department; and (6) A psychiatrist at a mental health program approved by the department has determined, based upon the person's clinical history, that there is a substantial probability that the person's refusal to accept necessary treatment will lead to death, serious bodily injury, or serious debilitation if admission is not ordered. II. As used in this section "danger to others" is established by demonstrating that within 40 days of the completion of the petition, the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another.