Rule 2 Emergency detention proceedings
Rule Text
(a) Right to counsel. A person detained pursuant to D.C. Code § 21-521 (2004 Supp.) shall be informed of his or her right to counsel upon admission to a hospital, a facility certified by the Department of Mental Health (Department) for emergency detention, or the Department.
(b) Detention without hearing. A petition for emergency detention pursuant to D.C. Code § 21-524 (2004 Supp.) may be granted in the absence of respondent and his or her counsel. In considering such a petitions the Court shall consider the application for emergency admission; the certificate of the examining psychiatrist, qualified physician or qualified psychologist; and any other relevant information. If it appears to the Court that there is reason to believe that the respondent is mentally ill and because of the illness is likely to injure him or herself or others if not immediately detained, the Court shall order detention at a hospital, at a facility certified by the Department for emergency detention, or by the Department for not more than seven days; otherwise the Court shall order the respondent’s immediate release from involuntary detention. If the Court denies the petition for emergency detention, counsel for the petitioner and the Public Defender Service Mental Health Division shall be notified immediately by the Mental Health and Mental Retardation Branch via telephone, facsimile or email.
(c) Notice to respondent. If the Court orders detention for a period of seven days, the Court shall also appoint counsel. If detention for a period of seven days is ordered, the Mental Health and Mental Retardation Branch shall immediately notify the respondent and his or her counsel of (1) the Court’s order, and (2) the respondent’s right under D.C. Code § 21-525 (2004 Supp.) to request a hearing within 24 hours to review the order.
(d) Request for Court hearing. A respondent or respondent’s counsel may request a probable cause hearing pursuant to D.C. Code § 21-525 (2004 Supp.) within seven days from the time the order required by D.C. Code § 21-524 (2004 Supp.) is entered. A respondent or respondent’s counsel may request a probable cause hearing pursuant to D.C. Code § 21-525 (2004 Supp.) within seven days from the entry of a remand order pursuant to D.C. Code § 24-531.07(b) or (c) (2005 Supp.). A request for a hearing pursuant to D.C. Code § 21-525 (2004 Supp.) may be made either in writing, in person, or by telephone to the Mental Health and Mental Retardation Branch during normal business hours (Monday through Friday, 8:30 a.m. until 5:00 p.m.) or by filing a written request with the Family Court after normal business hours.
(e) Scheduling of Court hearing. The Family Court shall schedule a hearing pursuant to D.C. Code § 21-525 (2004 Supp.) and D.C. Code § 24-531.07(b) (2005 Supp.) within 24 hours of receipt of a request for a hearing from the respondent or respondent’s counsel. A request shall be deemed to have been received when: 1) the request is communicated in person or by telephone to the Mental Health and Mental Retardation Branch during normal business hours (Monday through Friday, 8:30 a.m. until 5:00 p.m.); 2) a written request is received by and time stamped in the Mental Health and Mental Retardation Branch during normal business hours (Monday through Friday, 8:30 a.m. until 5:00 p.m.); or 3) a written request is filed with the Family Court after normal business hours. In the event of an after hours filing, respondent’s counsel shall also notify the Mental Health and Mental Retardation Branch of the hearing request by telephone no later than 9:30 a.m. on the day following the after hours filing.
(f) Court hearing upon request. A respondent who requests a court hearing shall have the right to appear in person, to be represented by counsel, to testify, to present evidence, and to examine witnesses. If it appears to the Court that there is probable cause to believe that the respondent is mentally ill, and, because of the illness, is likely to injure him or herself or others if not immediately detained, the Court shall affirm the original order for detention. Otherwise, the Court shall order the respondent’s immediate release.
(g) Release. A respondent detained under a seven-day order pursuant to D.C. Code § 21-524 (2004 Supp.) must be released at the expiration of the seven-day period by the chief of service of the hospital or the chief clinical officer of the Department, or their respective designees, in which a person is detained unless a petition for judicial commitment has been filed pursuant to D.C. Code § 21-541 (2004 Supp.) and accompanied by a statement of the examining psychiatrist or qualified psychologist that the person being detained remains mentally ill and is likely to injure him or herself or others as a result of the illness unless the emergency detention is continued.
(h) Extension of Emergency Detention. Emergency detention of a person detained may be extended pursuant to D.C. Code § 21-526 or § 21-543 (2004 Supp.).