Involuntary Admission

Involuntary Admission 171-B 

A petition for Involuntary Admission under 171-B is filed in the Probate Division of the Circuit Court.
Only the attorney general, or designee, or the commissioner of the department of health and human services, or designee, may bring a petition for a hearing under RSA 171-B:4. This petition is filed when the following conditions exist:

• A person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault (other than pursuant to RSA 632-A:2, I(h)) or felonious sexual assault, or with arson pursuant to RSA 634:1, II or III; 
• A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony;
• The person is determined to be not competent to stand trial;
• The person has an intellectual disability;
• The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.

Jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a person who is subject to a current order for involuntary admission under this statute, renewal petitions should be filed in the probate court for the county where the person is receiving services or where the receiving facility that has custody of the person is located, unless the court making the initial (current) involuntary admission order has specifically retained jurisdiction.

Form

Involuntary Admission under RSA 171-B cases are paper filings and do not use any electronic filing system. 

If you need to file a petition, please use the Petition for Involuntary Admission RSA 171-B.

Involuntary Admission 464-A:25

An Involuntary Admission under RSA 464-A:25 (Notice of Admission by Guardian) is filed in the Probate Division of the Circuit Court in relation to a guardianship case. 
A guardian may admit a ward to a state institution or other designated receiving facility with prior approval of the probate court if, following notice and hearing, the court finds beyond a reasonable doubt that the placement is in the ward's best interest and is the least restrictive placement available. Authorization for such admission shall not be time limited unless the court so orders. That process is different than the process described here.  

Authority to admit a ward to a state institution or other designated receiving facility without prior approval is subject to the limitations contained in RSA 464-A:25, I(a)(2) through (7).

A high-level overview of the process is:

• A guardian may admit a ward upon written certification by a medical professional (see 464-A:25 for listed authorized professionals) if the placement is in the ward's best interest and is the least restrictive placement available. 
• Within 36 hours, excluding days when the court is closed, the guardian shall submit to the Probate Division notice of the admission and the reason(s) for admission along with a copy of the medical certificate.
• The Probate Division shall review the guardian's notice within 48 business hours to determine if the notice appears to establish that the placement is in the ward's best interest and is the least restrictive placement available. 
  • If the court concludes that the notice is insufficient, the court shall order the immediate release of the ward from the state institution or other designated receiving facility. 
  • If the court concludes that the notice is sufficient, counsel for the ward shall be appointed no later than 48 hours following the court's review of the guardian's notice, excluding days when the court is closed. Notice of the appointment shall be transmitted to the ward, to the guardian, and to counsel. The ward shall have the right to legal counsel in the same manner as provided in RSA 464-A:6. 
• Counsel for the ward shall deliver a written report to the court within 5 days of their appointment which shall declare whether the ward requests a hearing on the admission or waives a hearing.
• Upon receipt of a request for a hearing, the court shall schedule a hearing on the admission at which the guardian shall have the burden of proving, beyond a reasonable doubt, that the placement is in the ward's best interest and is the least restrictive placement available. The hearing shall be held within 10 days, excluding days when the court is closed, from the date that the request is received.
• A guardian may not admit a ward for more than 60 days for any single admission or more than 90 days in any 12-month period.
• At any time, the ward or counsel for the ward may request a hearing on the admission at which the guardian shall have the burden of proving, beyond a reasonable doubt, that the placement is in the ward's best interest and is the least restrictive placement available. The hearing shall be held within 15 days, excluding days when the court is closed, from the date that the hearing is requested.

Forms

A Notice of Admission by Guardian is a paper filing and does not use any electronic filing system.

If you need to file a notice, please use the Notice of Admission by Guardian RSA 464-A:25.