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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 18 : Health

Chapter 181 : JUDICIAL PROCEEDINGS

(Cite as: 18 V.S.A. § 7612a)
  • § 7612a. Probable cause review

    (a) Within three days after an application for involuntary treatment is filed, the Family Division of the Superior Court shall conduct a review to determine whether there is probable cause to believe that the person was a person in need of treatment at the time of his or her admission. The review shall be based solely on the application for an emergency examination and accompanying certificate by a licensed physician and the application for involuntary treatment.

    (b) If, based on a review conducted pursuant to subsection (a) of this section, the court finds probable cause to believe that the person was a person in need of treatment at the time of his or her admission, the person shall be ordered held in the temporary custody of the Commissioner for further proceedings in accordance with Part 8 of this title. If probable cause is not established, the person shall be ordered discharged or released from the hospital and returned to the place from which he or she was transported or to such place as the person may reasonably direct.

    (c) An application for involuntary treatment shall not be dismissed solely because the probable cause review is not completed within the time period required by this section if there is good cause for the delay. (Added 2013, No. 192 (Adj. Sess.), § 10.)