Skip to content

Who Can File A Petition For Assisted Outpatient Treatment

To break the cycle, hospitals will often file for AOT [petitions. However, any of the following persons can file. 1. any adult person living with the patient; 2. the parents, spouse, adult sibling, or adult child of the patient;

This section establishes a process for initial evaluation and filing of a petition for assisted outpatient behavioral health treatment, but however does not preclude the filing of a petition for assisted outpatient behavioral health treatment following a period of inpatient detention in appropriate circumstances:

The law includes strict eligibility criteria and numerous patient protections. Assisted outpatient treatment is only available to individuals who meet certain defined criteria. Patients can only be placed in the program by a court, which must first receive a petition from one of a defined group of individuals.

More Answers On Who Can File A Petition For Assisted Outpatient Treatment

AOT (Assisted Outpatient Treatment) Guide – Mental Illness Policy Org

Assisted Outpatient Treatment (AOT) laws should allow families and others to petition the court to place someone in assisted outpatient treatment. But it is easier and less costly if the mental health system, rather than relatives, files the petition.

How does assisted outpatient treatment work?

(b) (1) A petition for an order authorizing assisted outpatient treatment may be filed by the county mental health director, or his or her designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present.

PDF

PETITION FOR ASSISTED OUTPATIENT TREATMENT (AOT) MENTAL HEALTH PROCEDURES ACT OF 1976 (SECTION 304 (c.2)) … Within 12 months prior to the filing of this petition seeking AOT, the person’s failure to adhere to treatment has been a significant factor in necessitating involuntary inpatient hospitalization or receipt of services in a forensic or other mental health unit of a correctional …

Kendra’s Law Guide – Mental Illness Policy Org

Assisted outpatient treatment is only available to individuals who meet certain defined criteria. Consumers can only be placed in the program by a court, which must first receive a petition from one of a defined group of individuals.

PDF

Persons can file a petition for treatment under the Mental Health Code requesting that the individual to be ordered to participate in Assisted Outpatient Treatment (AOT) (i.e., alternative) only.

Petition · Stanislaus County; Implementation of Assisted Outpatient …

Assisted Outpatient Treatment (AOT), aka Laura’s Law can bring restoration to the most severely mentally ill citizens in our community. AOT is an evidence-based program which: Reaches out to the small percentage of severely mentally ill who, due to their brain disorder, are not able to recognize their illness and therefore refuse treatment.

PDF

Petition for Assisted Outpatient Treatment The petition must state: (1) that the person is present or believed to be present within the county where the petition is filed; (2) all the criteria necessary for placement in AOT; (3) the facts supporting the belief that the person meets all the criteria; and (4) that the

Summaries of Assisted Outpatient Treatment (AOT) Procedures

Filing of AOT Petition Sections 5346 (b) (1), (2) The county mental health director, or his or her designee, can file an AOT petition in the Superior Court in the county in which the subject of the petition is present or reasonably believed to be present.

PDF

Author: Irena Kellas Created Date: 6/29/2011 11:45:21 AM

Michigan Legislature – Section 330.1469a

330.1469a Treatment program as alternative to hospitalization; assisted outpatient treatment; court order. Sec. 469a. (1) Except for a petition filed as described under section 434(7), before ordering a course of treatment for an individual found to be a person requiring treatment, the court shall review a report on alternatives to hospitalization that was prepared under section 453a not more …

Laura’s Law – Assisted Outpatient Treatment Eligibility Criteria

A person may be placed in an assisted outpatient treatment if, after a hearing, a court finds that the following criteria have been met. The patient must: Be eighteen years of age or older Be suffering from a mental illness Be unlikely to survive safely in the community without supervision, based on a clinical determination

Assisted Outpatient Treatment – NYC Health

Assisted Outpatient Treatment (AOT) “Kendra’s Law” (§9.60 of the Mental Hygiene Law) mandates mental health services for a small number of individuals who have difficulty engaging in rehabilitation and can pose a risk to themselves or others in the community. The order is granted in civil court.

2013 Michigan Laws 330.1433 – Assisted outpatient treatment; petition …

(2) Upon receipt of a petition, the court shall inform the subject of the petition and the community mental health services program serving the community in which the subject of the petition resides that the court shall hold a hearing to determine whether the subject of the petition meets the criteria for assisted outpatient treatment. Notice …

Assisted Outpatient Treatment: An Unconstitutional Invasion of …

Assisted Outpatient Treatment standard is important because it may serve to impermissibly restrict the rights of compe- tent, yet mentally-ill individuals, based purely on the opinion of physicians or psychia- trists. Additionally, much has been made of the provisions allowing assisted outpatient

PDF

can also ask whether they will accept the entire petition to be filed electronically. 9. Section 9.60 of NYS mental hygiene law provides that an AOT petition must be filed no later than ten days past the date of the examination, and the hearing must be scheduled no later than three days at the court with receipt of said petition. How does a …

Section 330.1433 — Assisted outpatient treatment; petition; filing …

MENTAL HEALTH CODE (EXCERPT) Act 258 of 1974 330.1433 Assisted outpatient treatment; petition; filing; hearing; court order to receive treatment; appeal.

RCW 71.05.148: Assisted outpatient treatment—Petitions, court orders …

(e) The person will benefit from assisted outpatient treatment. (2) The following individuals may directly file a petition for less restrictive alternative treatment on the basis that a person is in need of assisted outpatient treatment: (a) The director of a hospital where the person is hospitalized or the director’s designee;

How does assisted outpatient treatment work?

Secondly, who may file a petition for assisted outpatient treatment? (b) (1) A petition for an order authorizing assisted outpatient treatment may be filed by the county mental health director, or his or her designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to …

Appendix 2 Kendra’s Law: Assisted Outpatient Treatment in New York

Notice of the petition must be served on a number of people or entities, including the person, his or her nearest relative, and the Mental Hygiene Legal Service (“MHLS”), among others. 15 The court is required to set a hearing date that is no more than three days after receipt of the petition, although adjournments can be granted for good cause. 16

petition: To Enact Assisted Outpatient Treatment Laws in Maryland

Maryland’s mental health laws need to be changed. All but six states have enacted Kendra’s Law, also known as Assisted Outpatient Treatment Laws (AOT). Maryland is one of these six states. By changing our mental health laws, we can help people who are unable to help themselves and protect our community in the process.

PDF

may lead to AOT Team filing a petition with the court to recommend mandated treatment. Are court-ordered clients required to take medications? 473 • No. The court may order treatment, but cannot compel medication compliance. If you are a person with a disability and require this document in an alternate format (example: Braille, Large Print, Audiotape, CD-ROM), you may request an alternate …

Assisted Outpatient Treatment Program – California

Assembly Bill 1421 established the Assisted Outpatient Treatment (AOT) Demonstration Project Act of 2002, known as Laura’s Law, which provides court-ordered community treatment for individuals with a history of repeated hospitalization or incarceration, or a history of violent behavior to self or others.

Michigan Compiled Laws § 330.1434 (2020) – Petition; Filing; Contents …

330.1434 Petition; filing; contents; clinical certificate; confidentiality; assisted outpatient treatment; petition not seeking hospitalization. Sec. 434. (1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.

Iowa City, Iowa – A Guide for Implementing Assisted Outpatient Treatment

The implementation of outpatient commitment in Johnson County is an accepted, common practice developed within the framework of the existing civil commitment law. The success of this program is a result of stakeholders’ desire to ensure that participants receive a comprehensive set of services including treatment that the individual would not likely seek or obtain in the absence of a court …

PDF

outpatient placement and must, prior to filing a petition for involuntary outpatient placement, certify to the court whether the services recommended in the patient’s discharge plan are available in the local community and whether the service provider agrees to provide those services. The service provider must develop with the patient, or the

PDF

Assisted Outpatient Treatment Petition to the court 1)The following parties can petition the court: a) a person eighteen years of age or older who resides with the respondent; b) the spouse, parent, adult sibling, or adult child; c) legal guardian of the person to be treated; or d) any physician, physician assistant, psychologist, social worker, or registered nurse who is providing care to the …

How does assisted outpatient treatment work?

Also, who may file a petition for assisted outpatient treatment? (b) (1) A petition for an order authorizing assisted outpatient treatment may be filed by the county mental health director, or his or her designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be …

How does assisted outpatient treatment work?

Secondly, who may file a petition for assisted outpatient treatment? (b) (1) A petition for an order authorizing assisted outpatient treatment may be filed by the county mental health director, or his or her designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to …

Assisted Outpatient Treatment – Mental Health Advocacy Services

When a petition is filed the proposed AOT recipient will be assigned a Public Defender to provide representation. Within five days (excluding weekdays and holidays) of the filing of a petition, a hearing is held before the court to determine whether treatment should be ordered. Once the court orders AOT, the mental health consumer is required …

PDF

An amendment to the AOT plan to foster adherence to necessary treatment. Completion of a 302 petition for emergency involuntary examination and treatment. The request for a modification hearing is denied. for the court (TITLE) Page 4 of 5 MH-792 4/2019 Part IV CERTIFICATION BY THE COURT FOR MODIFIED INVOLUNTARY ASSISTED OUTPATIENT TREATMENT (AOT) – SECTION 304 (f) (5) In the court of of County …

Resource

https://mentalillnesspolicy.org/aot/assisted-outpatient-treatment-guide.html
http://mars.railpage.com.au/how-does-assisted-outpatient-treatment-work
https://www.dhs.pa.gov/docs/Documents/OMHSAS/c_288981.pdf
https://mentalillnesspolicy.org/kendras-law/kendras-law-guide.html
http://wcpc.us/AttyTrain/Materials/assistedoutpatient.pdf
https://www.change.org/p/stanislaus-county-implementation-of-assisted-outpatient-treatment-aot-aka-laura-s-law
https://namisantaclara.org/wp-content/uploads/2014/11/Lauras-Law-AB1421.pdf
https://doczz.net/doc/7241636/summaries-of-assisted-outpatient-treatment–aot–procedures
https://www.treatmentadvocacycenter.org/storage/documents/Initiating_Court-Ordered_Treatment.pdf
https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-330-1469a
https://www.liquisearch.com/lauras_law/assisted_outpatient_treatment_eligibility_criteria
https://www1.nyc.gov/site/doh/health/health-topics/assisted-outpatient-treatment.page
https://www.lawserver.com/law/state/michigan/archv-2013-mi-laws/2013_michigan_laws_330-1433
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1130&context=jleg
https://omh.ny.gov/omhweb/guidance/covid-19-aot-faqs.pdf
https://law.justia.com/codes/michigan/2012/chapter330/act258of1974/258-1974-4/258-1974-4-admission-by-petition/section330-1433/
https://app.leg.wa.gov/RCW/default.aspx?cite=71.05.148
http://bie.curwensvillealliance.org/how-does-assisted-outpatient-treatment-work
https://omh.ny.gov/omhweb/kendra_web/interimreport/appendix2.htm
https://www.thepetitionsite.com/994/870/690/to-enact-assisted-outpatient-treatment-laws-in-maryland/
https://www.marinbhrs.org/sites/default/files/2021-09/AOT%20Brochure%20-%20English_0.pdf
https://www.dhcs.ca.gov/formsandpubs/Pages/Assisted-Outpatient-Treatment-Program.aspx
https://law.justia.com/codes/michigan/2020/chapter-330/statute-act-258-of-1974/division-258-1974-4/division-258-1974-4-admission-by-petition/section-330-1434/
https://1library.net/article/iowa-city-iowa-guide-implementing-assisted-outpatient-treatment.zxng92oq
https://www.myflfamilies.com/service-programs/samh/crisis-services/laws/IOP.pdf
https://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Boards/RBHPB/Meetings/2018/AOT%20changes%2010.07.20%20ADA.pdf
http://aup.youramys.com/how-does-assisted-outpatient-treatment-work
http://bie.curwensvillealliance.org/how-does-assisted-outpatient-treatment-work
https://www.mhas-la.org/mhservices/assisted-outpatient-treatment/
https://www.dhs.pa.gov/docs/Documents/OMHSAS/c_288985.pdf