Pa. Code 5100.88

Court-ordered involuntary treatment not to exceed 90 days

This regulation governs the procedures for court-ordered involuntary mental health treatment not to exceed 90 days under Pennsylvania's Mental Health Procedures Act (Section 304). It specifies who may petition for such treatment, the required notice and forms, sequencing requirements before filing, and the conditions under which a facility director must notify the county administrator of continued or discontinued need for involuntary treatment. Facility directors must also manage discharge, transfer between inpatient and outpatient/partial hospitalization settings, and periodic reporting for persons committed under criminal jurisdiction provisions.

55 Pa. Code § 5100.88 - Court-ordered involuntary treatment not to exceed 90 days 

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(a)
 A petition for court-ordered treatment
 under section 304 of the act (
50 P. S. §
 
7304
), shall not be filed for a person held
 for involuntary emergency examination and treatment under section 302 of the
 act (
50 P. S. §
 
7302
), without
 first proceeding under section 303 of the act (
50 P. S. §
 
7303
).

(b)
 Initiation of court-ordered involuntary
 treatment for persons already subject to involuntary treatment. 
 
(1)
 The director of the facility, the county
 administrator, or any responsible person with knowledge of the patient's mental
 condition may serve as petitioner.

(2)
 If the director of the facility
 determines that continuing involuntary treatment is not needed, he shall notify
 the county administrator or other appropriate person of this decision or a
 change in status 10 days before the expiration of the involuntary treatment
 previously authorized.

(3)
 If the
 director of the treating facility determines that continued involuntary
 treatment of a person already subject to involuntary treatment is necessary, he
 shall notify the administrator of such fact by filing Form MH-785.

(4)
 The petition for court-ordered
 involuntary treatment for persons already subject to involuntary treatment
 shall be filed not less than 5 days prior to the expiration of the involuntary
 treatment previously authorized. The petition shall be sufficient if it
 represents that the conduct originally established to subject the person to
 involuntary treatment did in fact occur and that the person's condition
 continues to evidence a clear and present danger to himself or others. It shall
 not be necessary to show the recurrence of the dangerous conduct, either
 harmful or debilitating, within the past 30 days.

(5)
 The petitioner shall immediately notify
 the person of the intent to file a petition for court-ordered involuntary
 treatment with the court of common pleas by delivering to such person Form
 MH-785-A issued by the Department. The director of the facility may assist the
 petitioner in notifying the person in treatment of the intent to file a
 petition and in serving the papers. The material given to the person shall
 include an explanation of the nature of the proceedings and the person's right
 to counsel under §
 
5100.87
(c)(1) 

 (relating to extended involuntary emergency treatment not to exceed 20 days),
 and the right to the services of an expert in mental
 health.

(c)
 Initiation of
 court-ordered involuntary treatment for persons not presently subject to
 involuntary treatment. 
(1)
 A petition for
 court-ordered involuntary treatment for a person not already in involuntary
 treatment shall be made upon Form MH-785 issued by the Department. If the
 petition is filed by the director of a facility or the administrator for a
 person already in voluntary treatment, it shall state the name of an examining
 physician and the substance of his opinion regarding the mental condition of
 the person. In all other cases, the petition shall state the name of an
 examining physician, if any, and the substance of his opinion regarding the
 mental condition of the person.

(2)

 If a decision to file a petition for court-ordered involuntary treatment is
 made by the director of a facility for a person already in voluntary treatment,
 the director shall immediately notify the administrator, if the decision to
 file is made by the administrator for a person in voluntary treatment, the
 administrator shall immediately notify the director of the facility. In either
 case, the director shall notify the person in voluntary treatment of the
 decision to file a petition for court-ordered involuntary treatment by
 delivering to such person a copy of Form MH-786-A issued by the
 Department.

(3)
 The notice given to
 a person not already in involuntary treatment referred to in section 304(c)(4)
 of the act (
50 P. S. §
 
7304(c)(4)
) advising him of
 the right to counsel and the assistance of an expert in the field of mental
 health may be provided by the use of Form MH-785-B.

(d)
 Duration of court-ordered involuntary
 treatment except for those under criminal jurisdiction: 
 
(1)
 For persons committed for a period not to
 exceed 90 days, a person subject to court-ordered involuntary treatment shall
 be discharged whenever the director of the facility concludes that the person
 is no longer in need of continued inpatient treatment. A person may be
 transferred under section 306 of the act (
50 P. S. §
 
7306
) from inpatient treatment to outpatient
 or partial hospitalization services and remain subject to involuntary
 commitment.

(2)
 A person may be
 committed for treatment in an approved facility under this section as
 inpatient, outpatient, or combination of such treatment as the director of the
 facility shall determine under sections 304(f) and 306 of the act
 (
50
 P. S. §§
 
7304(f)
 and
 
7306
).

(3)
 For persons committed under section
 304(g)(2) of the act (
50 P. S. §
 
7304(g)(2)
), the facility
 shall require the treatment team to report every 90 days whether the person is
 or continues to be in need of treatment. This report shall be reviewed by the
 director of the facility and forwarded to the committing court. If the
 treatment team finds that the person is no longer in need of treatment, they
 shall recommend to the director of the facility that the person be discharged.
 Whenever the director of a facility plans to discharge a patient committed
 under section 304(g)(2) of the act prior to the termination of a court-ordered
 period of involuntary treatment or whenever the director of a facility plans to
 release such a person at the expiration of court-ordered treatment, the
 director of the facility shall, at least 10 days prior to the discharge or
 expiration of the existing commitment, petition the court for the conditional
 or unconditional release of the person. The director shall give copies of the
 request for release to the person of residence and the district attorney.
 Notice of such action shall be given if appropriate to the sending jail or
 correctional facility.

Notes

55

 Pa. Code §
 
5100.88

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