N.H. Admin. Code § He-M 527.03

Current through Register No. 50, December 12, 2024
Section He-M 527.03 - Admission to a DRF
(a) Pursuant to RSA 171-B:2, a person shall be involuntarily admitted when:
(1) The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault other than pursuant to RSA 632-A:2, I(h), or with felonious sexual assault, or with arson pursuant to RSA 634:1, II or III;
(2) A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony as set forth in (1) above;
(3) The person is determined to be not competent to stand trial;
(4) The person has an intellectual disability, as defined in the most current edition of the Diagnostic Manual-Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and
(5) The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.
(b) Involuntary admissions shall not occur unless ordered by a probate court pursuant to RSA 171-B:12.
(c) A DRF shall not refuse admission of a person sent to such DRF pursuant to RSA 171-B.
(d) A person may be admitted to a DRF on a voluntary basis provided that:
(1) The person receives services through an area agency;
(2) The person or his or her guardian has provided a written document agreeing to the person's placement at the DRF;
(3) The DRF has the capacity to meet the person's needs; and
(4) The DRF is the least restrictive, most appropriate setting to meet the person's needs and the placement has been approved by the individual's area agency human rights committee.

N.H. Admin. Code § He-M 527.03

#6214, eff 3-30-96, EXPIRED: 12-31-98

New. #7062, eff 7-24-99, EXPIRED: 7-24-07

New. #9060, eff 1-3-08

Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11009, Effective 1/3/2016, Expires 7/1/2016.
Amended by Volume XXXVI Number 28, Filed July 14, 2016, Proposed by #11125, Effective 7/1/2016, Expires 7/1/2026.