HB3111 H H&HR AM #1 2-21
The Committee on Health and Human Resources moved to amend the
bill on page one, line nineteen, following the enacting clause, by
striking the remainder of the bill and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §27-1B-1, §27-1B-2,
§27-1B-3, §27-1B-4 and §27-1B-5, all to read as follows:
ARTICLE 1B. INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG
ABUSE.
§27-1B-1. Legislative findings.
The Legislature hereby finds and declares that drug and
alcohol abuse is a pervasive and difficult health problem in this
state. The correlation between crime and drug and alcohol abuse is
alarming and compelling. The current short-term involuntary
treatment program fails to recognize the need for longer therapy
treatments and the need to provide families with the tools to
ensure proper treatment for family members who may be persistent
alcohol and drug abusers who lack the will or because of an
addiction they are unable to voluntarily seek long-term treatment.
Therefore in order to provide for the health and safety of the
citizens of this state and to reduce the incidence of drug and alcohol related criminal activity, a long-term involuntary
treatment system is hereby established.
§27-1B-2. Involuntary treatment for alcohol and other drug abuse
-- Rights of patient.
(a) Involuntary treatment ordered for extended periods of
treatment time for a person suffering from alcohol and other drug
abuse may be ordered as set forth in this article notwithstanding
the provisions of section two, article five of this chapter
requiring a finding of danger to self or others as defined in
section twelve, article one of this chapter. The provisions of
this article are intended to supplement and extend the treatment
for a person suffering from alcohol and other drug abuse that may
be contained in other provisions of this code.
(b) Except as otherwise provided in this article, the rights
provided in article five of this chapter for people subject to
involuntary hospitalization shall apply to a person ordered to
undergo treatment for alcohol and other drug abuse under the
provisions of this article.
§27-1B-3. Criteria for extended involuntary treatment.
Although the provisions of section twelve, article one of this
chapter require a finding of "likely to cause serious harm" before
a person suffering from addiction may be involuntarily committed,
the provisions of this section apply only to petitions for
involuntary commitment filed in circuit court by a spouse, relative, friend, or guardian of the individual to be involuntarily
committed. No person suffering from alcohol and other drug abuse
shall be ordered to undergo treatment unless it is established by
clear and convincing evidence that person:
(1) Suffers from alcohol or other drug abuse;
(2) Presents an imminent threat of danger to self, family, or
others as a result of alcohol or other drug abuse, or there exists
a substantial likelihood of such a threat in the near future; and
(3) Can reasonably benefit from treatment.
§27-1B-4. Petition for sixty-day and three hundred and sixty-day
involuntary treatment -- Contents - Guarantee for
costs.
(a) Proceedings for the commitment of a person suffering from
alcohol or drug abuse may be filed requesting involuntary
commitment for sixty days or three hundred sixty days of treatment
for an individual and shall be initiated by the filing of a
verified petition in the circuit court of the county in which the
individual resides.
(b) The petition and all subsequent court documents shall be
entitled: "In the interest of (name of respondent)."
(c) The petition shall be filed by a spouse, relative, friend,
or guardian of the individual concerning whom the petition is
filed.
(d) The petition shall set forth:
(1) Petitioner's relationship to the respondent;
(2) Respondent's name, residence, and current location, if
known;
(3) The name and residence of respondent's parents, if living
and if known, or respondent's legal guardian, if any and if known;
(4) The name and residence of respondent's husband or wife, if
any and if known;
(5) The name and residence of the person having custody of the
respondent, if any, or if no such person is known, the name and
residence of a near relative or that the person is unknown; and
(6) Petitioner's belief, including the factual basis therefor,
that the respondent is suffering from an alcohol and other drug
abuse disorder and presents a danger or threat of danger to self,
family, or others if not treated for alcohol or other drug abuse.
(7) The name of the treatment facility or program agreeing to
provide extended drug and alcohol treatment services to the
respondent.
(8) The estimated cost of the proposed extended treatment.
If the respondent's care is not covered by third party
reimbursement, then any petition filed pursuant to this subsection
shall be accompanied by a guarantee, signed by the petitioner or
other person authorized under subsection (3) of this section,
obligating that person to pay all costs for treatment of the
respondent for alcohol and other drug abuse that is ordered by the court.
§27-1B-5. Proceedings for involuntary treatment -- Duties of court
-- Disposition.
(a) Upon receipt of the petition, the court shall examine the
petitioner under oath as to the contents of the petition.
(b) If, after reviewing the allegations contained in the
petition and examining the petitioner under oath, it appears to the
court that there is probable cause to believe the respondent should
be ordered to undergo treatment, then the court shall:
(1) Set a date for a hearing within fourteen (14) days to
determine if there is probable cause to believe the respondent
should be ordered to undergo treatment for alcohol and other drug
abuse;
(2) Notify the respondent, the legal guardian, if any and if
known, and the spouse, parents, or nearest relative or friend of
the respondent concerning the allegations and contents of the
petition and the date and purpose of the hearing; and the name,
address, and telephone number of the attorney appointed by the
circuit court to represent the respondent; and
(3) Cause the respondent to be examined no later than
twenty-four hours before the hearing date by two qualified health
professionals, at least one of whom is a physician. The qualified
health professionals shall certify their findings to the court
within twenty-four hours of the examinations.
(c) If, upon completion of the hearing, the court finds the
respondent should be ordered to undergo treatment, then the court
shall order the treatment for a period not to exceed sixty
consecutive days from the date of the court order or a period not
to exceed three hundred sixty consecutive days from the date
ordered by the court. Failure of a respondent to undergo treatment
ordered pursuant to this subsection may place the respondent in
contempt of court.
(d) If the petitioner withdraws the petition or upon motion by
the respondent, at any time after the petition is filed, the court
may modify or dismiss its' order.