52.06.010 Court Hearing Requirements

(a) A hearing must be held on a petition filed under Section 52.05.030 within five (5) days of filing the petition. A record of the proceedings pursuant to this section must be made and retained. If parties cannot personally appear before the Court due to risks of contamination or the spread of disease, proceedings may be conducted by their authorized representatives and/ or be held via any means that allows all parties to fully participate, including, but not limited to, video call or teleconference. The respondent, respondent's representative, or respondent's counsel has the right to cross-examine witnesses testifying at the hearing.

(b) The respondent has a right to counsel, at the respondent's own expense.

(c) A petition for a hearing does not stay a written directive ordering confinement.

(d) At the conclusion of the hearing, the Court shall determine by a preponderance of the evidence:

(1) If the respondent is infected with a communicable disease;

(2) If the respondent poses a substantial threat to the public health; and

(3) If confinement is necessary and is the least restrictive alternative to protect or preserve the public health.

(e) The Court shall also determine whether to order the respondent to follow the Health Officer's directive for decontamination, treatment, or preventative measures if the petition is granted.