53.05.010 Petition

(a) Proceedings for the involuntary treatment of an individual may be commenced by any person of eighteen years of age or over by filing a petition with the Tribal Court. The petition shall contain:

(1) The name, address, and age of the Petitioner;

(2) The name, address, age, marital status and occupation, if known, of the Respondent;

(3) The names and addresses of the Respondent's nearest relatives, if known;

(4) The name and address of any person known or believed to be legally responsible for the care, support, and maintenance of the Respondent;

(5) A clear statement by the Petitioner alleging that Respondent meets either the danger to self or others or the gravely disabled standard as described in Section 53.04.020, or both, and requires involuntary treatment;

(6) The facts, in detail, that are the basis of the Petitioner's assertion, including, when available or appropriate:

(A) Any statements by persons having knowledge of the Respondent's mental illness or the nature of the Respondent's mental illness or chemical dependency;

(B) Documentation in the form of medical reports, letters from persons with knowledge of the circumstances necessitating commitment, examiner's statements, affidavits, police reports and/or other reliable documents supporting the allegations of the petition; and

(C) A statement as to whether the Respondent or other person is at risk of death or great bodily harm due to Respondent's mental illness or chemical dependency necessitating immediate apprehension and detention;

(7) A statement that specifies whether the Petitioner seeks emergency civil commitment under 53.0502(c)(1) or non-emergency commitment under 53.0502(c)(2); and

(8) A statement as to whether alternatives to involuntary commitment or treatment were explored and why such alternatives were rejected.

(b) Petition shall be verified by sworn affidavit of the Petitioner that all allegations and facts are true to the best of Petitioner's knowledge.

(c) At the Court's discretion, the Tribal Court may direct a mental health professional designated by the Tribal Counseling and Rehabilitation Board to investigate and evaluate the specific facts alleged by the Petitioner. The investigation must be completed as promptly as possible, but shall not be more than seventy-two (72) hours from the submission of the Petition, excluding weekends and holidays, and include observations of and conversation with the Respondent, unless the Respondent cannot be found or refuses to meet with the mental health professional. A written report of the results of the investigation must be delivered to Tribal Court once investigation is complete. Copies of the report must be made available upon request to the Respondent, the Respondent's counsel, and any expert examiner conducting an examination under Section 53.05.030.