1. A. Notice of the date, time and place of the hearing on a petition alleging a person to be a mentally ill person and a person requiring treatment shall be delivered to such person at least one (1) day prior to the hearing. Notice shall be personally delivered to the person together with a copy of the petition and, if applicable, copies of the certificate of evaluation, the affidavit of the peace officer, and any order of the court directing prehearing detention or an evaluation of the person.

2. B. The notice shall contain the following information:

   1. 1. The definitions provided by Section 1-103 of this title of a "mentally ill person" and a "person requiring treatment";
   2. 2. If applicable, that the court has ordered the evaluation of the person by two licensed mental health professionals, at least one of whom is a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions, for the purpose of conducting an evaluation of the person alleged to be a mentally ill person requiring treatment and executing a certificate of evaluation stating their findings, and the time and place of the evaluation;
   3. 3. That, upon request, the hearing on the petition may be conducted as a jury trial and the jury shall be composed of six persons having the qualifications required of jurors in courts of record;
   4. 4. That the petitioner and witnesses identified in the petition may offer testimony under oath at the hearing on the petition;
   5. 5. If applicable, that the court has appointed an attorney for the person alleged to be a mentally ill person requiring treatment who shall represent the person until final disposition of the case and that if the person is indigent, the court shall pay the attorney fees;
   6. 6. That, if the person is found at the hearing or at a jury trial to be mentally ill and a person requiring treatment under this act,' the court will take evidence and make findings of fact concerning the person's competency to consent or to refuse the treatment that is ordered, including, but not limited to, the right of the person to refuse psychotropic medications; and
   7. 7. That the person alleged to be a mentally ill person requiring treatment shall be afforded such other rights as are guaranteed by state and federal law.
3. C. The person delivering the copy of the notice and petition to the person alleged to be a mentally ill person requiring treatment shall, at the time of delivery, explain the content, purpose and effect of the notice and the legal right to judicial review by habeas corpus.

4. D.

   1. 1. A copy of the notice, the petition, and the attachments to the petition, if any, shall also be delivered at least one (1) day prior to the hearing to:

      1. a. the individual initiating the request for protective custody, emergency detention or prehearing detention,
      2. b. the attorney or court-appointed counsel of the person, to the district attorney, and to the public defender, if any,
      3. c. the facility, if any, in which the person is detained in emergency detention,
      4. d. the Department of Mental Health and Substance Abuse Services, and
      5. e. a parent, spouse, guardian, brother, sister or child who is at least eighteen (18) years of age of the person alleged to be a mentally ill person requiring treatment and who is not the individual initiating the petition or a request for protective custody, emergency detention or prehearing detention. Notice shall also be delivered to any other person as may be ordered by the court.
   2. 2. The notice required by this subsection may be served personally or by certified mail. When notice is served personally, the person making such service shall make affidavit of the same and file such notice, with proof of service, with the district court. This notice may be served in any part of the state when so ordered by the court.
5. E. Notice of orders of a court directing an evaluation or prehearing detention of a person alleged to be a mentally ill person and a person requiring treatment shall be delivered in substantially the same manner as provided by subsection A of this section. Notice of a court order directing an evaluation of the person shall be delivered at least one (1) day before the evaluation, and as many additional days as are requested by the person alleged to be a mentally ill person requiring treatment or the attorney of such person as are reasonable without prejudice to the person. Any request for additional days shall be subject to the discretion of the court, considering the facts and circumstances of each particular case.

Laws 1997, HB 2024, c. 387, § 6, eff. November 1, 1997.