Table of Contents
The North Dakota Petition for Involuntary Commitment form is a crucial legal document used when there is a belief that an individual may pose a serious risk to themselves or others due to mental illness or chemical dependency. This form, known as SFN 17260 (GN-1), requires detailed information about the respondent, including their name, address, age, and current whereabouts. It also asks for the petitioner's relationship to the respondent and information about any previous legal representation. The petitioner must assert their belief that the respondent is either mentally ill or chemically dependent, providing specific facts to support this claim. Witnesses who can verify these facts must also be listed. The form includes a section to indicate whether immediate custody and emergency treatment are necessary, which is critical in urgent situations where the respondent may harm themselves or others. Additionally, the form addresses the respondent's financial status, which may impact their access to legal representation and treatment options. By completing this form, petitioners take an important step toward ensuring that individuals in crisis receive the help they need.
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Similar forms
- Application for Guardianship: This document seeks to appoint a guardian for an individual who is unable to care for themselves. Similar to the involuntary commitment petition, it requires details about the individual's condition and the petitioner’s relationship to them.
- ADP Pay Stub: This document serves as an essential record for both employers and employees, detailing earnings and deductions for specific pay periods, similar to how certain legal forms record crucial information for mental health purposes, as found at smarttemplates.net.
- Emergency Detention Order: This order allows law enforcement to detain someone who poses an immediate risk to themselves or others. Like the commitment petition, it emphasizes the need for urgent intervention based on the individual’s mental state.
- Mental Health Evaluation Request: This request is made to assess an individual’s mental health condition. It shares similarities with the commitment petition in that it requires specific facts and evidence supporting the need for evaluation and potential treatment.
- Petition for Civil Commitment: This document is used to legally commit an individual for treatment based on mental illness. It parallels the involuntary commitment petition in its focus on the individual’s condition and the necessity for treatment.
- Power of Attorney for Health Care: This document designates someone to make health care decisions on behalf of another person. It is similar because it involves considerations of an individual's well-being and the authority granted to another party to act in their best interest.
How to Use Nd Petition For Involuntary Commitment
After gathering the necessary information, the next step involves filling out the ND Petition for Involuntary Commitment form. This form requires specific details about the respondent, the petitioner, and the circumstances prompting the petition. Ensure that all sections are completed accurately to facilitate the review process.
- Begin by entering the county and the name of the respondent at the top of the form.
- Fill in the respondent's address, including city, state, zip code, and telephone number.
- Provide the respondent's age, date of birth, sex, marital status, occupation, and name of employer.
- List the relative or guardian's name, relationship, and contact information. If none, provide a friend’s details.
- Include the name of the attorney who most recently represented the respondent, along with their address and contact information.
- Describe your relationship to the respondent.
- Indicate the date of the most recent filing of the petition for involuntary commitment and the county where it was filed.
- Check the appropriate box to indicate whether the previous petition was granted or dismissed.
- In the petition section, affirm that you are at least 18 years old and that the respondent resides in the specified county.
- State your belief regarding the respondent's mental health or chemical dependency by checking the appropriate box.
- Provide specific facts supporting your assertions in paragraph 3. Attach additional sheets if necessary.
- List the witnesses who can verify the facts, including their names, addresses, and telephone numbers.
- Indicate whether it is necessary to take the respondent into immediate custody and emergency treatment by checking the appropriate box.
- If applicable, describe any overt acts by the respondent that indicate a risk of harm to themselves or others.
- State whether the respondent is indigent or not indigent.
- Sign the petition, including your date, telephone number, and address.
- Complete the notary section, ensuring that you sign in front of a notary public.
- If applicable, have an attorney review the petition for probable cause and sign their approval.
Dos and Don'ts
When filling out the North Dakota Petition for Involuntary Commitment form, it’s important to approach the process with care. Here’s a list of things to keep in mind:
- Do read the entire form carefully before starting. Understanding what is required will help you fill it out correctly.
- Do provide accurate information about the respondent. This includes their name, address, and other personal details.
- Do be specific when describing the facts that support your belief about the respondent’s condition. Clear details can strengthen your petition.
- Do ensure that you include contact information for witnesses who can verify the facts you present.
- Do sign and date the petition. Your signature is essential for the document to be considered valid.
- Don't leave any sections blank unless instructed. Missing information can delay the process.
- Don't use vague language. Be clear and concise in your descriptions to avoid misunderstandings.
- Don't forget to check if immediate custody is necessary. Only request it if there is a serious risk of harm.
- Don't submit the petition without reviewing it for errors. Double-checking can prevent mistakes that could affect the outcome.
Following these guidelines can help ensure that your petition is properly completed and increases the chances of a favorable outcome.
Document Example
PETITION FOR INVOLUNTARY COMMITMENT
NORTH DAKOTA SUPREME COURT
SFN 17260
STATE OF NORTH DAKOTA
County of
IN THE INTEREST OF
Name of Respondent::
Information about the respondent is as follow:
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The respondent's present whereabouts are as follow: |
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List the name, address, and relationship of respondent's relative or guardian, or, if none, a friend of the respondent: |
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PETITION
The petitioner comes before the court and respectfully alleges:
1.That the petitioner is 18 years of age or older.
2.That the respondent presently resides in the below named county in the State of North Dakota.
County where respondent resides:
N.D.C.C.
North Dakota Supreme Court |
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SFN 17260 |
Page 2 |
3.That the petitioner believes that the respondent is
G mentally ill and as a result of such condition there is a reasonable expectation of a serious risk of harm if respondent is not treated.
G chemically dependent and as a result of such condition there is a reasonable expectation of a serious risk of harm if respondent is not treated.
4.That because of the foregoing condition, the respondent requires treatment.
5.That the assertions contained in paragraph 3 are based upon the following specific facts (attach additional sheets, if necessary):
6.That the names, addresses, and telephone numbers of witnesses who will verify these facts are as follows:
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Telephone: |
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State:
Zip Code:
Name:
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7. That petitioner believes that G is G is not necessary to take the respondent into immediate custody and emergency treatment. [Immediate custody should be requested only if the respondent is seriously mentally impaired or chemically dependent and is imminently likely to injure the respondent or other persons if allowed to remain at liberty.]
8.[Complete only if immediate custody and emergency treatment requested.] Overt act(s) of the respondent which indicate the respondent is likely to injure themself or other persons if allowed to remain at liberty are described as follows:
9.That to the petitioner's best knowledge G The respondent is indigent.
G The respondent is not indigent.
The petitioner believes that an evaluation of the respondent's condition should be made and involuntary commitment and treatment is required.
Signature of petitioner:
Date:
Telephone:
Address:
City:
State:
Zip Code:
North Dakota Supreme Court |
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SFN 17260 |
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State of North Dakota |
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)ss.
County of ________________________)
The undersigned, being first sworn, on their oath states that the undersigned is the petitioner in the above matter, and that the facts in this petition are true to the affiant's best information and belief
X____________________________________________________________
Petitioner
Dated this ________ day of ____________________ of ________, before me personally appeared ______________________________________________
______________________________________________ who having been sworn state that to the best of their knowledge and belief the statements in this
petition are true.
X____________________________________________________________
Notary Public
(Seal)
My commission expires __________________________________________
APPROVAL OF ATTORNEY
This petition was reviewed for probable cause and I approve the filing of the petition.
Dated this ________ day of __________________ of ________.
X______________________________________________________________
Attorney
_______________________________________________________________
County
File Breakdown
| Fact Name | Detail |
|---|---|
| Form Title | Petition for Involuntary Commitment |
| Governing Law | North Dakota Century Code (N.D.C.C.) 27-03.1-08 |
| Form Number | SFN 17260 (GN-1) |
| Revision Date | March 2006 |
| Petitioner Age Requirement | The petitioner must be 18 years of age or older. |
| Respondent's Condition | Petitioner must believe the respondent is either mentally ill or chemically dependent. |
| Immediate Custody | Petitioner may request immediate custody if there is a serious risk of harm. |
| Witness Information | Petitioner must provide names and contact details of witnesses supporting the claims. |
| Indigency Status | Petitioner must indicate whether the respondent is indigent or not. |
Common mistakes
Filling out the North Dakota Petition for Involuntary Commitment form can be a daunting task. One common mistake is failing to provide complete and accurate information about the respondent. It is crucial to fill in every section thoroughly, including the respondent's name, address, and contact details. Incomplete information can lead to delays in the process and may even result in the petition being dismissed.
Another frequent error involves the description of the respondent's condition. Petitioners often overlook the importance of clearly articulating the specific facts that support their belief that the respondent is either mentally ill or chemically dependent. This section requires detailed observations and examples to substantiate the claims. A vague description may not convince the court of the necessity for involuntary commitment.
Additionally, some petitioners neglect to list all relevant witnesses. The form requests the names and contact information of individuals who can verify the facts presented. Omitting witnesses can weaken the case, as the court relies on corroborating testimony to understand the respondent's situation better. It is advisable to include as many credible witnesses as possible to strengthen the petition.
Moreover, petitioners sometimes misjudge the urgency of the situation regarding immediate custody. It is essential to accurately assess whether the respondent poses a serious risk to themselves or others. If immediate custody is necessary, it must be clearly stated in the petition. Failing to do so could lead to inadequate protection for the respondent and others involved.
Finally, misunderstanding the financial status of the respondent can lead to complications. The petition requires a declaration of whether the respondent is indigent or not. Providing inaccurate information may affect the resources available for treatment and evaluation. It is vital to be honest and precise in this section to ensure that the respondent receives the appropriate support.
FAQ
What is the purpose of the ND Petition for Involuntary Commitment form?
The ND Petition for Involuntary Commitment form is designed to request the court's intervention for individuals who may be mentally ill or chemically dependent. The petitioner must demonstrate that the individual poses a serious risk of harm to themselves or others if not treated. This form initiates the legal process for evaluating the individual's mental health condition and determining if involuntary commitment is necessary for their safety and well-being.
Who can file the petition, and what are their responsibilities?
Any individual who is 18 years of age or older can file the petition. This person is referred to as the petitioner. The petitioner must provide accurate information about the respondent, including their current location, mental health status, and any immediate risks they may pose. Additionally, the petitioner is responsible for gathering supporting evidence and witness information to substantiate their claims. It is crucial that the petitioner acts in the best interest of the respondent and seeks help only when necessary.
What happens after the petition is filed?
Once the petition is filed, the court will review the information provided. If deemed appropriate, a hearing will be scheduled to evaluate the claims made in the petition. During this hearing, the court will consider evidence from the petitioner and any witnesses. The respondent will also have the opportunity to present their case. Based on the evidence, the court will decide whether to grant or dismiss the petition for involuntary commitment.
Is legal representation required when filing this petition?
While legal representation is not strictly required to file the petition, it is highly recommended. An attorney can help navigate the complexities of the legal process and ensure that all necessary information is accurately presented. Having legal counsel can also provide support during the hearing, making it easier to advocate for the respondent's needs effectively.