New Mexico § 43-1-11 - Commitment of adults for thirty-day period

§ 43-1-11. Commitment of adults for thirty-day period

A. Every adult client involuntarily admitted to an evaluation facility pursuant to Section 43-1-10 NMSA 1978 has the right to a hearing within seven days of admission unless waived after consultation

with counsel. If a physician or evaluation facility decides to seek commitment of the client for

evaluation and treatment, a petition shall be filed with the court within five days

of admission requesting the commitment. The petition shall include a description of the specific behavior or symptoms of

the client that evidence a likelihood of serious harm to the client or others and

shall include an initial screening report by the evaluating physician individually

or with the assistance of a mental health professional or, if a physician is not available,

by a mental health professional acceptable to the court. The petition shall list the prospective witnesses for commitment and a summary of

the matters to which they will testify. Copies of the petition shall be served on the client, the client's guardian, and

treatment guardian if one has been appointed, and the client's attorney. B. At the hearing, the client shall be represented by counsel and shall have the right

to present evidence on the client's behalf, including testimony by an independent

mental health professional of the client's own choosing, to cross-examine witnesses

and to be present at the hearing. The presence of the client may be waived upon a showing to the court that the client

knowingly and voluntarily waives the right to be present. A complete record of all proceedings shall be made. C. A court-appointed guardian for an adult involved in an involuntary commitment proceeding

shall have automatic standing to appear at all stages of the proceeding and shall

be allowed to testify by telephone or through affidavit if circumstances make live

testimony too burdensome. D. The court shall include in its findings the guardian's opinion regarding the need

for involuntary treatment or a statement detailing the efforts made to ascertain the

guardian's opinion. E. Upon completion of the hearing, the court may order a commitment for evaluation

and treatment not to exceed thirty days if the court finds by clear and convincing

evidence that: (1) as a result of a mental disorder, the client presents a likelihood of serious

harm to the client's own self or others; (2) the client needs and is likely to benefit from the proposed treatment; and (3) the proposed commitment is consistent with the treatment needs of the client and

with the least drastic means principle. F. Once the court has made the findings set forth in Subsection E of this section,

the court shall hear further evidence as to whether the client is capable of informed

consent. If the court determines that the client is incapable of informed consent, the court

shall appoint for the client a treatment guardian who shall have only those powers

enumerated in Section 43-1-15 NMSA 1978 . G. An interested person who reasonably believes that an adult is suffering from a

mental disorder and presents a likelihood of serious harm to the adult's own self

or others, but does not require emergency care, may request the district attorney

to investigate and determine whether reasonable grounds exist to commit the adult

for a thirty-day period of evaluation and treatment. The applicant may present to the district attorney any medical reports or other

evidence immediately available to the applicant, but shall not be required to obtain

a medical report or other particular evidence in order to make a petition. The district attorney shall act on the petition within seventy-two hours. If the district attorney determines that reasonable grounds exist to commit the

adult, the district attorney may petition the court for a hearing. The court may issue a summons to the proposed client to appear at the time designated

for a hearing, which shall be not less than five days from the date the petition is

served. If the proposed client is summoned and fails to appear at the proposed time and

upon a finding of the court that the proposed client has failed to appear, or appears

without having been evaluated, the court may order the proposed client to be detained

for evaluation as provided for in Subsection C of Section 43-1-10 NMSA 1978 . H. Any hearing provided for pursuant to Subsection G of this section shall be conducted

in conformance with the requirements of Subsection B of this section.