Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

53.04.040 Respondent's Rights:

(a) Respondent has the right to access his or her personal medical records. Respondent's attorney shall have the right to access Respondent's medical records upon written authorization by the Respondent. Respondent's right to access medical records is subject to the limitations imposed by federal law.

(b) A Respondent has a right to be detained in an appropriate treatment facility, detention in a jail or other correctional facility may not be ordered except in cases of actual emergency when no other secure facility is accessible, and then only for a period of no more than twenty-four hours and under close supervision.

(c) All persons admitted or committed to a treatment center shall be notified in writing of their rights regarding the hospitalization and other treatment. The individual shall receive this notification at the time he or she is served with the Court order as described in Section 53.05.020(d). This notification must include:

(1) The right to counsel at the Respondent's own expense;

(2) The right to be present at the hearing either in person or via telephone;

(3) That the Petitioner bears the burden of proving by clear and convincing evidence that commitment of the Respondent in necessary;

(4) The right to provide testimony, present documentary evidence, call witnesses, and ask questions of all witnesses; and

(5) The right to obtain an additional examination, provided if detained for emergency treatment, this latter right may be exercised only after commitment.