North Carolina § 122C-224 - Judicial review of voluntary admission.

§ 122C-224. Judicial review of voluntary admission.

When a minor is admitted to a 24-hour facility where the minor will be subjected to the same restrictions on his freedom of movement present in the State facilities for the mentally ill, or to similar restrictions, a hearing shall be held by the district court in the county in which the 24-hour facility is located within 15 days of the day that the minor is admitted to the facility. A continuance of not more than five days may be granted. Before the admission, the facility shall provide the minor and his legally responsible person with written information describing the procedures for court review of the admission and informing them about the discharge procedures. They shall also be informed that, after a written request for discharge, the facility may hold the minor for 72 hours during which time the facility may apply for a petition for involuntary commitment. Within 24 hours after admission, the facility shall notify the clerk of court in the county where the facility is located that the minor has been admitted and that a hearing for concurrence in the admission must be scheduled. At the time notice is given to schedule a hearing, the facility shall (i) notify the clerk of the names and addresses of the legally responsible person and the responsible professional and (ii) provide the clerk with a copy of the legally responsible person's written application for admission of the minor and the facility's written evaluation of the minor, both of which are required under G.S. 122C-211(a). History (1975, c. 839; 1977, c. 756; 1979, c. 171, s. 1; 1983, c. 889, ss. 1, 2; 1985, c. 589, s. 2; 1987, c. 370, s. 1; 2018-33, s. 16.) Editor's Note. - Session Laws 1987, c. 370 rewrote this section, which formerly related to discharges. As to discharges, see now G.S. 122C-224.7 . Former G.S. 122C-223 related to judicial determinations. Session Laws 2018-33, s. 46, made the amendment of subsection (c) of this section by Session Laws 2018-33, s. 16, effective October 1, 2019, and applicable to proceedings initiated on or after that date. Effect of Amendments. - Session Laws 2018-33, s. 16, in subsection (c), added the item (i) designator, added item (ii), and made a minor punctuation and grammatical change. For effective date and applicability, see editor's note.