A. The following persons may petition the district court, upon which is hereby conferred jurisdiction, to determine whether a person is a mentally ill person and a person requiring treatment and to order the least restrictive appropriate treatment for such person:
- 1. The father, mother, husband, wife, brother, sister, guardian or child, over the age of eighteen (18) years, of a person alleged to be a person requiring treatment;
- 2. A licensed mental health professional;
- 3. The administrator of a facility designated by the Commissioner as appropriate for emergency detention or an administrator of a hospital that is approved by the Joint Commission on Accreditation of Hospitals;
- 4. A person in charge of any correctional institution;
- 5. Any peace officer within the county in which the person alleged to be a mentally ill person and a person requiring treatment resides or may be found; or
- 6. The district attorney in whose district the person resides or may be found.
B. The petition shall contain a statement of the facts upon which the allegation is based and, if known, the names and addresses of any witnesses to the alleged facts.
- 1. The petition shall be verified and made under penalty of perjury.
- 2. A request for the prehearing detention of the person alleged to be a mentally ill person requiring treatment may be attached to the petition.
- 3. If the person alleged to be a mentally ill person requiring treatment is being held in emergency detention, a copy of the certificate of evaluation shall be attached to the petition.
- C. The inpatient mental health treatment of children shall be pursuant to the provisions of the Inpatient Mental Health Treatment of Children Act.'
Laws 1997, HB 2024, c. 387, § 4, eff. November 1, 1997.