TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 22. INTERSTATE COMPACT ON MENTAL HEALTH

Part 1. General Provisions

Court Review

53-22-105. Court review. The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to not make a transfer out of the state without approval of the district or probate court. Before granting approval, the court shall hold hearings that it considers appropriate. In addition, the court shall designate some appropriate person to deliver written notice of the proposed transferee's right to a hearing to the proposed transferee and the transferee's guardian ad litem. The person serving the notices shall make a written return to the court that service has been made. At the conclusion of the hearing, if any, the court may approve the proposed transfer, order the release of the proposed transferee, or enter any other suitable order.

History: En. Sec. 1, Ch. 112, L. 1971; amd. Sec. 48, Ch. 37, L. 1977; R.C.M. 1947, 80-2412 (Art. XIV(5)); amd. Sec. 1928, Ch. 56, L. 2009.