Rule 44 - Commitment for Treatment of Psychiatric DisabilitySection 44.1 Confidentiality of psychiatric commitment proceedingThe court shall exclude a person who is not a party or an attorney for a party from attending or participating in any hearing relating to commitment for treatment of psychiatric disability under C.G.S. sections 17a-75 through 17a-83 or sections 17a-495 through 17a-528, except that:
(1) a parent or guardian of a respondent who is under the age of 16 may participate in the hearing;(2) a conservator or guardian of the respondent may participate in the hearing; and(3) the court may: (A) on request of the respondent, permita person to participate in the hearing;(B) after considering any objection of the respondent, permit a relative or friend who is interested in the welfare of the respondent to participate in the hearing; and(C) permit a witness to attend any part of the hearing. (Probate Court Rules, rules 16 and 63.)
Section 44.2 Audio recording of psychiatric commitment proceedingThe court shall make an audio recording of each hearing relating to commitment for treatment of psychiatric disability under C.G.S. sections 17a-75 through 17a-83 or sections 17a-495 through 17a-528.
(Probate Court Rules, rule 65.)
Section 44.3 Notice and procedures in probable cause hearing(a) The court shall give notice of a probable cause hearing under C.G.S. section 17a-78(d), 17a-502(d) or 17a-506(e) to the facility in which the respondent is confined. The notice may be given by telephone, electronic communication or other reasonable means.(b) If the respondent wishes to attend the probable cause hearing, the facility at which the respondent is confined shall arrange for the respondent's presence at the hearing.(c) The facility shall have the burden of proving that there is probable cause to continue the confinement. The facility shall present medical evidence at the hearing concerning the condition of the respondent at the time of the admission and at the time of the hearing, the effects of medication, if any, and the advisability of continuing treatment. (C.G.S. section 17a-495; Probate Court Rules, rule 8.)
Section 44.4 Notice of hearing on psychiatric commitment(a) The court shall give notice of a hearing on the commitment of an individual 16 years of age or older under C.G.S. section 17a-498 to the respondent by personal service. The court shall give notice of the hearing to the facility in which the respondent is confined by certified mail, except that the court may give notice to the facility by regular mail if the facility is the petitioner. The court shall give notice of the hearing to other persons as the court directs under section 44.1 by regular mail or other reasonable means. The court shall give notice of a review hearing under C.G.S. section 17a-498(g) or 17a-510 to the respondent and the facility in which the respondent is confined by certified mail and to other persons as the court directs under section 44.1 by regular mail or other reasonable means.(b) The court shall give notice of a hearing on the commitment of a child under the age of 16 under C.G.S. section 17a-77 to the respondent child and to the parents or guardians of the respondent child by personal service. The court shall give notice of the hearing to the facility in which the respondent is confined by certified mail, except that the court may give notice to the facility by regular mail if the facility is the petitioner. The court shall give notice of the hearing to other persons as the court directs under section 44.1 by regular mail or other reasonable means. The court shall give notice of a review hearing under C.G.S. section 17a-80 to the respondent child, the parents or guardians of the respondent child and the facility in which the respondent child is confined by certified mail and to other persons as the court directs under section 44.1 by regular mail or other reasonable means. (C.G.S. sections 4a-17, 17a-75 and 17a-495; Probate Court Rules, rule 8.)
Section 44.5 Warrant for examination of individual 16 years or older at general hospital(a) Ifan individual 16 years of age or older in a commitment proceeding under C.G.S. section 17a-498 refuses to be examined by the court-appointed physicians, a party may petition the court to issue a warrant for a police officer to apprehend and transport the respondent to a general hospital for examination. The court may issue the warrant without notice and hearing.(b) If, after examination, the respondent is hospitalized under an emergency certificate under C.G.S. section 17a-502(a), the court shall dismiss the commitment petition.(c) If, after examination, the respondent is released, the examining physicians shall send their reports to the court, and the court shall hear and decide the commitment petition. (C.G.S. section 17a-495.)
Section 44.6 Warrant for examination of child at general hospital(a) If a child under the age of 16 in a commitment proceeding under C.G.S. section 17a-77 refuses to be examined by the court-appointed physicians, a party may petition the court to issue a warrant for a police officer to apprehend and transport the respondent child to a general hospital for examination. The court may issue the warrant without notice and hearing.(b) If, after examination, the respondent child is hospitalized under an emergency or diagnostic certificate under C.G.S. section 17a-78(a), the court shall dismiss the commitment petition.(c) If, after examination, the respondent child is released, the examining physicians shall send their reports to the court, and the court shall hear and decide the commitment petition. (C.G.S. section 17a-495(a).)
Section 44.7 Warrant for court to examine individual 16 years or older(a) On petition of a person alleging that an individual 16 years of age or older has a psychiatric disability and is dangerous to himself or herself or others or gravely disabled, the court may issue a warrant under C.G.S. section 17a-503(b) for a police officer to apprehend and bring the respondent before the court to determine whether the respondent should be brought to a general hospital for examination. The court may issue the warrant without notice and hearing.(b) The court may conduct the hearing under this section at any location suitable to facilitate participation of the respondent.(c) If the court orders that the respondent be taken to a general hospital for examination, the examining physicians shall determine whether to confine the respondent under an emergency certificate in accordance with C.G.S. section 17a-502(a). (C.G.S. section 17a-495(b).)
Section 44.8 Voluntary admission of person under conservatorshipOn receipt of the report of a psychiatrist under C.G.S. section 17a-506(c), the court shall determine whether a person under conservatorship gave informed consent to voluntary admission to a hospital for psychiatric disabilities. The court may issue its decision without notice and hearing. The court shall send a copy of the decree to the facility and to each party and attorney of record in the conservatorship proceeding.
Rule 44 adopted effective 7/1/2013. Sections 44.1, 44.2 and 44.4 amended effective 7/1/2015. Section 44.4 amended effective 7/1/2017. Section 44.4 amended effective 1/1/2020; Section 44.1 amended effective 7/1/2022.