What are a person’s rights in a mental health commitment process?

In North Dakota, a person in a mental health commitment process has the right to legal representation. A hearing must be held within 48 hours of the commitment and the person must be informed of their right to legal counsel. They have the right to call witnesses, present evidence, cross-examine witnesses, and confront any testimony presented against them. The person also has the right to have their mental illness evaluated by a licensed mental health professional of their choice and to have that professional testify on their behalf. They have the right to decide whether or not to accept the services of a mental health professional. The person has the right to be informed of the criteria used to make the decision to commit them and of the plan of treatment. They also have the right to refuse treatment and be discharged, unless the court finds that the person is a danger to themselves or to others. In addition, the person has a right to privacy and confidentiality and to have their personal information, such as their hospital medical records, kept private. They also have the right to reject the conditions of their commitment and request a rehearing.

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