Regulation detail

Pa. Code 5100.82

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Pa. Code 5100.82 active

Jurisdiction and venue of legal proceedings

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
PSYCH_FACILITY (60%)
Plain-English summary

This section governs jurisdictional and venue rules for legal proceedings involving involuntary treatment orders under Pennsylvania's Mental Health Procedures Act. It specifies how jurisdiction transfers between counties, addresses special provisions for persons committed under Section 401 (criminal status), allows hearings to be held at treatment facilities, and requires hearing records to be kept confidential as part of patient records. Facility operators must be prepared to host hearings on-site and maintain confidentiality of related records.

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Regulation text
55 Pa. Code § 5100.82 - Jurisdiction and venue of legal proceedings 

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(a)
 A court ordering involuntary treatment
 may retain jurisdiction over subsequent proceedings. If jurisdiction is
 initially exercised by the court of the county in which the person is,
 jurisdiction shall be transferred to the county of the person's most current
 residence except in cases committed under section 401 of the act (
50 P. S. §
 
7401
). For persons committed under section
 401 of the act, jurisdiction shall be transferred to the court having
 jurisdiction over the person's criminal status. Security provisions for a
 person committed under section 401 of the act may be reduced only by the court
 with jurisdiction over the person's criminal status.

(b)
 Hearings may be held at facilities in all
 cases. In light of the difficulties involved in transporting patients and
 staff, and the impact upon patient care, every effort shall be made to hold
 hearings at the facility.

(c)

 Records of hearings shall be confidential as part of the patient's
 records.

Notes

55

 Pa. Code §
 
5100.82

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