§ 8820. Purpose
The purpose of this chapter is to establish procedures for determining appropriate care for mentally retarded persons in Vermont. (Added 1979, No. 167 (Adj. Sess.), § 1.)
§§ 8821-8834. Repealed. 1995, No. 174 (Adj. Sess.), § 2.
§§ 8835-8838. Repealed. 1995, No. 174 (Adj. Sess.), § 2.
§ 8839. Definitions
As used in this subchapter,
(1) "Danger of harm to others" means the person has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute a sexual assault or lewd or lascivious conduct with a child.
(2) "Designated program" means a program designated by the commissioner as adequate to provide in an individual manner appropriate custody, care and habilitation to persons with mental retardation receiving services under this subchapter. Placement in the Brandon Training School may only be accomplished through the procedures set forth in subchapter 1 of chapter 206 of this title.
(3) "Person in need of custody, care and habilitation" means:
(A) a mentally retarded person;
(B) who presents a danger of harm to others; and
(C) for whom appropriate custody, care and habilitation can be provided by the commissioner in a designated program. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8840. Jurisdiction and venue
Proceedings brought under this subchapter for commitment to the commissioner for custody, care and habilitation shall be commenced by petition in the district court for the unit in which the respondent resides. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8841. Petition; procedures
The filing of the petition and procedures for initiating a hearing shall be as provided in sections 8822-8826 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8842. Hearing
Hearings under this subchapter for commitment shall be conducted in accordance with section 8827 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8843. Findings and order
(a) In all cases, the court shall make specific findings of fact and state its conclusions of law.
(b) If the court finds that the respondent is not a person in need of custody, care and habilitation, it shall dismiss the petition.
(c) If the court finds that the respondent is a person in need of custody, care and habilitation, it shall order the respondent committed to the custody of the commissioner for placement in a designated program in the least restrictive environment consistent with the respondent's need for custody, care and habilitation for an indefinite or a limited period. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8844. Legal competence
No determination that a person is in need of custody, care and habilitation and no order authorizing commitment shall lead to a presumption of legal incompetence. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8845. Judicial review
(a) A person committed under this subchapter may be discharged from custody by a district judge after judicial review as provided herein or by administrative order of the commissioner.
(b) Procedures for judicial review of persons committed under this subchapter shall be as provided in section 8834 of this title except that proceedings shall be brought in the district court in which the person resides or, if the person resides out of state, in the unit which issued the original commitment order.
(c) A person committed under this subchapter shall be entitled to a judicial review annually. If no such review is requested by the person, it shall be initiated by the commissioner. However, such person may initiate a judicial review under this subsection after 90 days of initial commitment but before the end of the first year of the commitment.
(d) If at the completion of the hearing and consideration of the record, the court finds at the time of the hearing that the person is still in need of custody, care and habilitation, commitment shall continue for an indefinite or limited period. If the court finds at the time of the hearing that the person is no longer in need of custody, care and habilitation, it shall discharge the person from the custody of the commissioner. An order of discharge may be conditional or absolute and may have immediate or delayed effect. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§ 8846. Right to counsel
Persons subject to commitment or judicial review under this subchapter shall have a right to counsel as provided in section 7111 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)
§§ 8851-8854. Repealed. 1995, No. 174 (Adj. Sess.), § 2.