N.H. Code Admin. R. He-M 527.03
Admission to a DRF
Effective Jul 1, 2016#6214, eff 3-30-96, EXPIRED: 12-31-98 New. #7062, eff 7-24-99, EXPIRED: 7-24-07 New. #9060, eff 1-3-08; ss by #11009, INTERIM, eff 1-3-16, EXPIRES: 7-1-16; ss by #11125, eff 7-1-16Former Division of Mental Health and Developmental Services
(a) Pursuant to RSA 171-B:2, a person shall be involuntarily admitted when:
- (1) The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault other than pursuant to RSA 632-A:2, I(h), or with felonious sexual assault, or with arson pursuant to RSA 634:1, II or III;
- (2) A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony as set forth in (1) above;
- (3) The person is determined to be not competent to stand trial;
- (4) The person has an intellectual disability, as defined in the most current edition of the Diagnostic Manual-Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and
- (5) The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.
- (b) Involuntary admissions shall not occur unless ordered by a probate court pursuant to RSA 171-B:12.
- (c) A DRF shall not refuse admission of a person sent to such DRF pursuant to RSA 171-B.
(d) A person may be admitted to a DRF on a voluntary basis provided that:
- (1) The person receives services through an area agency;
- (2) The person or his or her guardian has provided a written document agreeing to the person’s placement at the DRF;
- (3) The DRF has the capacity to meet the person’s needs; and
- (4) The DRF is the least restrictive, most appropriate setting to meet the person’s needs and the placement has been approved by the individual’s area agency human rights committee.
Source. #6214, eff 3-30-96, EXPIRED: 12-31-98 New. #7062, eff 7-24-99, EXPIRED: 7-24-07 New. #9060, eff 1-3-08; ss by #11009, INTERIM, eff 1-3-16, EXPIRES: 7-1-16; ss by #11125, eff 7-1-16