Section 25-01.2-11 - Psychosurgery, sterilization, or research - Court order required - Hearing - Right to attorney at public expenseA court of competent jurisdiction may issue the orders required for the procedures or treatments in subsection 4 of section 25-01.2-09 upon application of the party alleging the necessity of the procedure, the individual who is receiving or is entitled to receive the treatment, the parents or custodian of the individual under eighteen years of age, or guardian, following a hearing on the application.
1. The individual receiving or entitled to treatment shall:a. Receive prior notice of the hearing;b. Have the right and the opportunity to present evidence; andc. Have the right to be confronted with and to cross-examine witnesses.2. If the individual with a developmental disability is indigent, counsel shall be provided at public expense not less than ten days before the hearing.3. The burden of proof is on the party alleging the necessity of the procedure or treatment.4. An order allowing the procedure or treatment may not be granted unless the party alleging the necessity of the procedure or treatment proves by clear and convincing evidence that the procedure is in the best interest of the recipient and that no less drastic measures are feasible.Amended by S.L. 2017, ch. 207 (HB 1134),§ 9, eff. 8/1/2017.Amended by S.L. 2015, ch. 200 (HB 1108),§ 8, eff. 8/1/2015.