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Virginia Motion for Review of Order for Mandatory Outpatient Treatment

State:
Virginia
Control #:
VA-DC-5005
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Description

Motion for Review of Order for Mandatory Outpatient Treatment

Virginia Motion for Review of Order for Mandatory Outpatient Treatment is a legal mechanism through which a person subject to an order of Mandatory Outpatient Treatment (MOT) can challenge the order in the Circuit Court of the jurisdiction in which the MOT was issued. This motion is intended to be a protective measure to ensure that people subject to MOT orders have an opportunity to contest the order in court. There are two types of Virginia Motion for Review of Order for Mandatory Outpatient Treatment: a de Nova hearing and a hearing on the record. A de Nova hearing is a new hearing in which all evidence is heard and the decision is made based on the evidence presented. A hearing on the record is when the court reviews the evidence presented during the MOT hearing and makes a decision based on that. In both cases, the court may affirm, modify, or terminate the MOT order.

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FAQ

Civil Mental Health Commitments. A Virginia court can order treatment of a person who is suffering from a mental illness, if the court finds that the person also presents a threat of serious physical harm, or is unable to care for themselves, or protect themselves from harm.

"Mental illness" means a substantial disorder of the minor's cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior.

A district court judge or special justice shall hold the hearing within 72 hours after receiving the motion for a hearing to determine whether the person should be ordered to mandatory outpatient treatment following a period of involuntary inpatient treatment; however, if the 72-hour period expires on a Saturday,

The Mandatory Outpatient Treatment (MOT) program is a 90-day court-supervised program for adults who have been recently hospitalized following a mental health or substance use-related emergency.

§ 16.1-335. Short title. The provisions of this article shall be known and may be cited as "The Psychiatric Treatment of Minors Act."

No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.

More info

Forms for Mandatory Outpatient Treatment ; MH-5211. PETITION FOR JUDICIAL REVIEW OF MANDATORY OUTPATIENT TREATMENT PLAN UNDER T.C.A. §33-6-604 ; MH-5212.This petition for a hearing pursuant with Virginia Code § 37.2-817. This petition asks the court to order a person to undergo outpatient treatment for a behavioral health disorder. Establish criteria for "assisted outpatient treatment" (AOT) under a court order. Accordance with personcentered planning in an assisted outpatient treatment order. This person should not be involved in the child's treatment. (a) A motion for an order of protective custody may be filed only in the court in which an application for court-ordered mental health services is pending. 245.462, subdivision 8; outpatient services defined in section 245. It should be used for patients who need treatment in order to prevent relapse or deterioration that would predictably lead to their meeting the inpatient.

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Virginia Motion for Review of Order for Mandatory Outpatient Treatment