Section 5100.88. Court-ordered involuntary treatment not to exceed 90 days

(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.