Notice Of Rights {MC-405}

MC-405 - NOTICE OF RIGHTS DURING COURT-ORDERED EVALUATION. This form is used in Alaska to inform individuals who have been court-ordered into a mental health evaluation of their legal rights and the procedures involved. This notice is given after a petition has been filed in court alleging that the individual, known as the respondent, may have a mental illness that makes them gravely disabled or likely to harm themselves or others. The court may then order the respondent to be hospitalized at an evaluation facility for up to 72 hours for assessment by a mental health professional and a medical doctor. The time spent waiting for transport to the facility does not count toward the 72-hour evaluation period. The form outlines the respondent’s rights during this process, including the right to legal representation—either through the Public Defender Agency or a privately hired attorney—and the right to communicate immediately with their lawyer, guardian, parents (if a minor), and another adult of their choosing. It also explains the respondent’s right to be informed of any delays in transport and the ability to request a court hearing to review the necessity of continued detention. If not transported within seven days, the facility must request a court extension to continue holding the respondent. Once at the evaluation facility, the respondent must be assessed within 72 hours, and they must be released if they no longer meet the legal criteria for detention. If further treatment is recommended and the respondent does not consent, they have the right to a court hearing. This hearing must occur within 72 hours of their arrival, excluding weekends or legal holidays. If the respondent is a minor, their parent or guardian is notified of the case and informed of their own right to participate and request appointed counsel. AS 47.30.700 - .725. www.FormsWorkflow.com