53.05.030 Examination of Respondent

a) All Tribal Court Orders issued pursuant to Section 53.04.020 shall order the Respondent receive a comprehensive mental examination conducted by an appropriate Examiner, as defined by Section 53.06.020(h), to be completed prior to the preliminary hearing.

(a) If the Respondent has been apprehended and detained, the Respondent shall be examined within forty-eight (48) hours of detainment.

(b) If the Respondent has not been apprehended and detained, the Tribal Court shall enter and personally serve upon the Respondent and order and summons to appear for psychological examination. The order and summons shall clearly state the date, time and location of the examination, and shall contain a statement informing the Respondent that if he/she fails to appear for the examination he or she may be involuntarily detained. The date and time of the psychological examination shall be at the earliest time practicable. If the Respondent fails to appear for the examination, the Tribal Court may enter an order for immediate apprehension and detention.

(c) Any expert examiner conducting an examination under this section may consult with or request participation in the examination by another mental health professional and may include with the written examination report any findings or observations by that mental health professional.

This examination report, and that of the independent examiner, if one has been requested, must be filed with the court. The report must contain:

(1) Evaluations of the Respondent's physical condition and mental status;

(2) A recommendation as to whether commitment is necessary, with a clear explanation of how that conclusion was derived from the evaluation; and

(3) Recommendations for treatment, including, if any, those that may serve as an alternative to involuntary hospitalization.

(d) If the expert examiner concludes the Respondent is not a person requiring treatment, the court may terminate the proceedings and dismiss the petition without taking any action.

(e) If the expert examiner concludes the Respondent is a person requiring treatment, or makes no conclusion whether the Respondent is a person requiring treatment, the court shall set a date for the Preliminary Hearing and shall personally serve the Respondent with:

(1) A written notice of the date, time and place of the Preliminary Hearing

(2) A statement that clearly and conspicuously states the Respondent's rights to:

(A) be present at the Preliminary Hearing;

(B) to have counsel present at his or her own expense; testify, present documentary evidence, call witnesses and ask questions of all witnesses;

(f) If the Respondent is detained under Section 53.05.020(d), the Preliminary Hearing must take place within forty-eight (48) hours of the submission of the expert report, exclusive of weekends and holidays.