122C-224. Judicial review of voluntary admission.
(a) When a minor is admitted to a 24-hour facility where the minor will be subjected to the same restrictions on his freedom of movement present in the State facilities for the mentally ill, or to similar restrictions, a hearing shall be held by the district court in the county in which the 24-hour facility is located within 15 days of the day that the minor is admitted to the facility. A continuance of not more than five days may be granted.
(b) Before the admission, the facility shall provide the minor and his legally responsible person with written information describing the procedures for court review of the admission and informing them about the discharge procedures. They shall also be informed that, after a written request for discharge, the facility may hold the minor for 72 hours during which time the facility may apply for a petition for involuntary commitment.
(c) Within 24 hours after admission, the facility shall notify the clerk of court in the county where the facility is located that the minor has been admitted and that a hearing for concurrence in the admission must be scheduled. At the time notice is given to schedule a hearing, the facility shall (i) notify the clerk of the names and addresses of the legally responsible person and the responsible professional and (ii) provide the clerk with a copy of the legally responsible person's written application for admission of the minor and the facility's written evaluation of the minor, both of which are required under G.S. 122C-211(a). (1975, c. 839; 1977, c. 756; 1979, c. 171, s. 1; 1983, c. 889, ss. 1, 2; 1985, c. 589, s. 2; 1987, c. 370, s. 1; 2018-33, s. 16.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
Article 5 - Procedures for Admission and Discharge of Clients.
§ 122C-201 - Declaration of policy.
§ 122C-202 - Applicability of Article.
§ 122C-202.1 - Hospital privileges.
§ 122C-203 - Admission or commitment and incompetency proceedings to have no effect on one another.
§ 122C-204 - Civil liability for corruptly attempting admission or commitment.
§ 122C-205 - Return of clients to 24-hour facilities.
§ 122C-205.1 - Discharge of clients who escape or breach the condition of release.
§ 122C-208 - Voluntary admission not admissible in involuntary proceeding.
§ 122C-209 - Voluntary admissions acceptance.
§ 122C-210 - Guardian to pay expenses out of estate.
§ 122C-210.1 - Immunity from liability.
§ 122C-210.2 - Research at State facilities for the mentally ill.
§ 122C-210.3 - Electronic and facsimile transmission of custody orders.
§ 122C-216 - Voluntary admission of individuals determined to be incapable.
§ 122C-217 - Discharge of individuals determined to be incapable.
§ 122C-222 - Admissions to State facilities.
§ 122C-223 - Emergency admission to a 24-hour facility.
§ 122C-224 - Judicial review of voluntary admission.
§ 122C-224.1 - Duties of clerk of court.
§ 122C-224.2 - Duties of the attorney for the minor.
§ 122C-224.3 - Hearing for review of admission.
§ 122C-224.5 - Transportation.
§ 122C-224.6 - Treatment pending hearing and after authorization for or concurrence in admission.
§ 122C-230 - Applicability of Part 4.
§ 122C-232 - Judicial determination.
§ 122C-251 - Custody and transportation.
§ 122C-252 - Twenty-four hour facilities for custody and treatment of involuntary clients.
§ 122C-253 - Fees under commitment order.
§ 122C-254 - Housing responsibility for certain clients in or escapees from involuntary commitment.
§ 122C-262 - Special emergency procedure for individuals needing immediate hospitalization.
§ 122C-263 - Duties of law enforcement officer; first examination.
§ 122C-263.2 - Mental health crisis managementreasonable safety and containment measures.
§ 122C-264 - Duties of clerk of superior court and the district attorney.
§ 122C-265 - Outpatient commitment; examination and treatment pending hearing.
§ 122C-266 - Inpatient commitment; second examination and treatment pending hearing.
§ 122C-267 - Outpatient commitment; district court hearing.
§ 122C-268 - Inpatient commitment; district court hearing.
§ 122C-268.1 - Inpatient commitment; hearing following automatic commitment.
§ 122C-269 - Venue of hearing when respondent held at a 24-hour facility pending hearing.
§ 122C-270 - Attorneys to represent the respondent and the State.
§ 122C-273 - Duties for follow-up on commitment order.
§ 122C-274 - Supplemental hearings.
§ 122C-275 - Outpatient commitment; rehearings.
§ 122C-276 - Inpatient commitment; rehearings for respondents other than insanity acquittees.
§ 122C-276.1 - Inpatient commitment; rehearings for respondents who are insanity acquittees.
§ 122C-277 - Release and conditional release; judicial review.
§ 122C-278 - Reexamination for capacity to proceed prior to discharge.
§ 122C-281 - Affidavit and petition before clerk or magistrate; custody order.
§ 122C-282 - Special emergency procedure for violent individuals.
§ 122C-283 - Duties of law enforcement officer; first examination by commitment examiner.
§ 122C-284 - Duties of clerk of superior court.
§ 122C-285 - Commitment; second examination and treatment pending hearing.
§ 122C-286 - Commitment; district court hearing.
§ 122C-289 - Duty of assigned counsel; discharge.
§ 122C-290 - Duties for follow-up on commitment order.
§ 122C-291 - Supplemental hearings.
§ 122C-293 - Release by area facility or physician.
§ 122C-294 - Local plan and data submission.
§ 122C-302 - Cities and counties may employ officers to assist intoxicated individuals.
§ 122C-303 - Use of jail for care for intoxicated individual.
§ 122C-311 - Individuals on parole.
§ 122C-321 - Voluntary admissions and discharges.
§ 122C-322 - Involuntary commitments.
§ 122C-331 - Voluntary admissions and discharges.
§ 122C-332 - Involuntary commitments.
§ 122C-333 - Order of another state.
§ 122C-341 - Determination of residence.
§ 122C-342 - Voluntary admissions and discharges.
§ 122C-343 - Involuntary commitments.
§ 122C-344 - Citizens of other countries.
§ 122C-345 - Return of a non-State resident client to his resident state.
§ 122C-346 - Authority of the Secretary to enter reciprocal agreements.
§ 122C-347 - Return of North Carolina resident clients from other states.
§ 122C-348 - Residency not affected.
§ 122C-361 - Compact entered into; form of Compact.
§ 122C-362 - Compact Administrator.
§ 122C-363 - Supplementary agreements.
§ 122C-364 - Financial arrangements.