This regulation governs the procedures for seeking additional periods of court-ordered involuntary treatment not to exceed 180 days under Pennsylvania's Mental Health Procedures Act. Facility directors must file an application at least 10 days before the current court-ordered treatment period expires and notify the appropriate administrator prior to filing. The regulation outlines relevant factors for courts to consider when determining whether continued involuntary treatment is warranted, including the patient's willingness to participate in voluntary treatment, availability of community resources, and conduct during the current treatment period. Special notice requirements apply when the individual is under criminal jurisdiction.
View official source55 Pa. Code § 5100.89 - Additional periods of court-ordered involuntary treatment not to exceed 180 days State Regulations Compare (a) When it is determined that additional periods of court-ordered involuntary treatment will be sought, the proceedings in § 5100.87 (relating to extended involuntary emergency treatment not to exceed 20 days), shall be followed: (b) An application for an additional period of court-ordered involuntary treatment shall be filed not less than 10 days prior to the termination of the court-ordered involuntary treatment period. With all such filings, the director shall have notified the appropriate administrator prior to the time of filing the proposed plan. (c) Occurrence of specific conduct constituting clear and present danger under section 301 of the act ( 50 P. S. § 7301 ), is not required to demonstrate the need for continuing involuntary treatment. (d) Relevant factors in determining the need for continued involuntary treatment include, among others, the following: (1) The person's willingness to participate in voluntary treatment. (2) The continuing presence of the condition for which the individual has been receiving treatment. (3) Any dangerous or debilitating conduct during the most recent period of treatment. (4) The availability of outpatient placement and the likehood that the patient will take advantage of such treatment. (5) The availability of community resources and supports to assist the person in a less restrictive setting. (e) When an application is made for an additional period of court-ordered involuntary treatment for persons under criminal jurisdiction, notice shall be sent to the warden or superintendent of the correctional facility to which the person otherwise would be returned. Notes 55 Pa. Code § 5100.89 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare. No prior version found. State Regulations Toolbox