This is a Maine law that passed in 2010. It should have been used in this case. Law enforcement just doesn’t know about it. A fellow Board member of NAMI Maine is married to a police sergeant, and neither of them were aware of it before now!
(In the past, the cost of the hearings was on the shoulders of the organization that asked for them. Private hospitals, for example. That was a big hurdle, but in the last year or so, the law was amended so that the state pays for the hearings.)
§ 3612. Court-ordered assisted outpatient treatment #6
An Act To Allow Law Enforcement and Family Members To Petition the District Court To Initiate Assisted Outpatient Treatment
SUMMARY
This bill enables law enforcement or a family member of a person with a severe and persistent mental illness who is in need of assisted outpatient treatment to petition the District Court for an order that the person must participate in assisted outpatient treatment. The assisted outpatient treatment order lasts for 6 months and is renewable for an additional 12 months. The application, hearing, review and appeal process includes notice, a mental health examination, court-appointed or retained counsel, the right to present evidence and cross-examine witnesses and a record of the proceedings. The order to participate in assisted outpatient treatment includes within it an individualized treatment plan.
The bill requires the Department of Health and Human Services to provide community mental health services, including assignment of an assertive community treatment team, for a person who is ordered to participate in assisted outpatient treatment.
The bill requires providers of mental health services who apply for grants and contracts with the Department of Health and Human Services to provide community mental health treatment to persons ordered by a court to participate in assisted outpatient treatment.
The bill includes as a duty of the Department of Health and Human Services, under the category of safety net services, providing services for persons ordered to participate in assisted outpatient treatment.
6. Nonparticipation. If a person ordered to participate in assisted outpatient treatment does not comply with the individualized treatment plan under subsection 3, paragraph B and the person’s mental health deteriorates to the extent that the person poses a likelihood of serious harm as defined by section 3801, subsection 4, any health officer, law enforcement officer or other person may make a written application to admit the person to a psychiatric hospital under the procedures for involuntary emergency hospitalization under section 3863.