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Police Powers / Mental Health

Maryland Civil Commitment Law
Administrative Hearing Provision

Maryland Code Annotated, Health-Gen. Art. § 10-632. Notice and time of hearing; hearing officer; decision. (2003)

(a) Right to hearing.- Any individual proposed for involuntary admission under Part III of this subtitle shall be afforded a hearing to determine whether the individual is to be admitted to a facility or a Veterans' Administration hospital as an involuntary patient or released without being admitted.

(b) Time of hearing.- The hearing shall be conducted within 10 days of the date of the initial confinement of the individual.

(c) Same - Postponement.-

(1) The hearing may be postponed for good cause for no more than 7 days, and the reasons for the postponement shall be on the record.

(2) A decision shall be made within the time period provided in paragraph (1) of this subsection.

(d) Rules and regulations; designation of hearing officer.- The Secretary shall:

(1) Adopt rules and regulations on hearing procedures; and

(2) Designate an impartial hearing officer to conduct the hearings.

(e) Decision.- The hearing officer shall:

(1) Consider all the evidence and testimony of record; and

(2) Order the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought:

(i) The individual has a mental disorder;

(ii) The individual needs in-patient care or treatment;

(iii) The individual presents a danger to the life or safety of the individual or of others;

(iv) The individual is unable or unwilling to be voluntarily admitted to the facility;

(v) There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and

(vi) If the individual is 65 years old or older and is to be admitted to a State facility, the individual has been evaluated by a geriatric evaluation team and no less restrictive form of care or treatment was determined by the team to be appropriate.

(f) Notice of hearing.- The parent, guardian, or next of kin of an individual involuntarily admitted under this subtitle:

(1) Shall be given notice of the hearing on the admission; and

(2) May testify at the hearing.

[An. Code 1957, art. 59, § 18; 1982, ch. 21, § 2; ch. 525, §§ 2, 3; 1983, ch. 90; 1986, ch. 133; 1990, ch. 73.]

Date of Page - 22 Nov 2003

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