Before the proposed patient appears for their hearing, the court conducts what they call "staffing." This is where findings, medical history, and concerns are shared. A hearing needs to be scheduled within 6 days of the screening agency filing an Application for Court Ordered Evaluation.
How does staffing work?
- The judge, legal counsel, and case manager appear at the courthouse.
- Case by case, the judge calls the case manager forward to sit and share their findings.
- Things that they will discuss include:
- Have they signed the necessary documents so that the agency has been able to access medical history?
- Do they have any legal concerns or upcoming court hearings?
- Where do they live and how do they provide for their basic needs?
- Do they listen to and follow directions?
- Are they taking medication?
- Are drugs or alcohol a concern?
- Will they voluntarily take part in improving their behavioral health situation?
- Recommendations are discussed and noted by the judge.
What should you know before the hearing?
On the day of the hearing, you will need to arrive at the courthouse early. This way you can find parking, locate the courtroom, and check in with the court clerk, depending on the courthouse, in time for the hearing.
If a family member or witness wishes to speak at a hearing they should let the case manager or attorney know before the hearing.
What to expect at a hearing:
- Everyone is brought in to sit in the galley of the courtroom
- One at a time, the patient is called by the judge
- The case manager joins the patient
- The judge asks the patient to state their name and birthday
- If there are any family members they may be asked to make a statement at this time
- The judge then rules any motions or enters a court order based on the recommendations of the team