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§ 4406. Civil court commitment

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 50 P.S. Mental Health

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 50 P.S. Mental Health
Chapter 12. Mental Health and Intellectual Disability Act of 1966 (Refs & Annos)
Article IV. General Provisions Relating to Facilities; Admissions and Commitments (Refs & Annos)
50 P.S. § 4406
§ 4406. Civil court commitment
(a) Whenever a person is believed to be mentally disabled, and in need of care or treatment by reason of such mental disability, and examination of such person has been made by a physician or physicians, or for any reason the examination of such person cannot be made, a petition may be presented to the court of common pleas of the county in which a person resides or is, for his immediate examination or commitment to an appropriate facility for examination, observation and diagnosis.
(1) The petition may be made by a relative, guardian, friend, individual standing in loco parentis or by the executive officer or an authorized agent of a governmental or recognized nonprofit health and welfare organization or agency or any responsible person.
(2) The petition shall set forth the facts upon which the petitioner bases his belief of mental disability and the efforts made to secure examination of the person by a physician.
(3) Said court upon consideration of such petition shall: (i) issue a warrant requiring that such person be brought before said court; (ii) fix a date for a hearing which shall be as soon as the warrant is executed, and (iii) notify the parties in interest.
(4) After hearing, said court may: (i) order an immediate examination by two physicians appointed by said court, or (ii) order the commitment of the person believed to be mentally disabled, to a facility for a period not exceeding ten days for the purpose of examination. If the examination can be accomplished by partial hospitalization said court may so direct.
(b) If, upon examination, it is determined that such person is in need of care at a facility, the examining physicians or director, as the case may be, shall immediately report to said court which may order the commitment of such person for care and treatment.
In its order of commitment, said court may permit partial hospitalization or outpatient care, or if at any time thereafter the director shall determine such partial hospitalization or outpatient care to be beneficial to the person so committed, the same may be permitted by said court upon application by the director.

Credits

1966, Special Sess. No. 3, Oct. 20, P.L. 96, art. IV, § 406, effective Jan. 1, 1967.
50 P.S. § 4406, PA ST 50 P.S. § 4406
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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