C.R.S. § 25.5-10-504: Long-term protective placement of persons with a neurocognitive disorder - procedure.

(1) If a respondent has received an extended protective placement pursuant to section 25.5-10-503, the professional person in charge of the extended protective placement, the appointed legal guardian, or the county attorney may file a petition with the court at least thirty days prior to the expiration date of the extended protective placement for a long-term protective placement of the respondent under the following conditions:

(a) The professional staff of the agency or facility providing short-term protective placement has analyzed the respondent's condition and found the respondent continues to meet the criteria for protective placement pursuant to section 25.5-10-502 (1); and

(b) HCPF, in collaboration with the BHA, has identified an appropriate provider or placement to provide care and treatment of the respondent.

(2) A petition for long-term protective placement must include a request for a hearing before the court prior to the expiration of six months after the date of the original order for a protective placement and provide a recommendation as to whether the long-term protective placement should take place on an inpatient or outpatient basis. A copy of the petition must be delivered personally to the respondent for whom long-term protective placement is sought and electronically delivered to the respondent's attorney of record simultaneously with the filing.

(3) Within ten days after receipt of the petition, the respondent may request a hearing before the court or a jury trial by filing a written request with the court.

(4) The court or jury shall determine whether the conditions of subsection (1) of this section are met and whether the respondent continues to meet the criteria and standards for protective placement pursuant to section 25.5-10-502 (1). The court shall issue an order of long-term protective placement for a term not to exceed six months, discharge the respondent for whom long-term protective placement was sought, or enter any other appropriate order. An order for long-term protective placement must grant custody of the respondent to the provider or placement identified pursuant to subsection (1)(b) of this section. When a petition contains a request that a specific legal disability be imposed or that a specific legal right be deprived, the court may order the disability imposed or the right deprived if the court or a jury has determined that the respondent meets the criteria and standards for protective placement pursuant to section 25.5-10-502 (1) and that, as a result, the respondent is unable to competently exercise the specific legal right or perform the function for which the disability is sought to be imposed. Any interested person may ask leave of the court to intervene as a copetitioner for the purpose of seeking the imposition of a legal disability or the deprivation of a legal right.

(5) An original order of long-term protective placement and an extension of the order expires on the date specified, unless further extended as provided in this subsection (5). If an extension is being sought, the professional person in charge of the evaluation and treatment shall certify to the court at least thirty days prior to the expiration date of the order in force that an extension of the order is necessary for the protective placement of the respondent subject to the order in force, and a copy of the order must be simultaneously delivered to the respondent and electronically delivered to the respondent's attorney of record. At least twenty days before the expiration of the order, the court shall give written notice to the respondent and the respondent's attorney of record that a hearing upon the extension may be had before the court or a jury upon written request to the court within ten days after receipt of the notice. If a hearing is not timely requested by the respondent, the court may proceed ex parte. If a hearing is timely requested, the hearing must be held before the expiration date of the order in force. If the court or jury finds that the conditions of subsection (1) of this section continue to be met and that the respondent continues to meet the criteria and standards for protective placement pursuant to section 25.5-10-502 (1), the court shall issue an extension of the order. Any extension must not exceed six months, but there may be as many extensions as the court orders pursuant to this section.

(6) A respondent placed in long-term protective placement may be discharged from the provider or facility upon the signature of the treating professional person and medical director of the facility, and the facility shall notify the court prior to the respondent's discharge. The facility shall make the respondent's discharge instructions available to the respondent, the respondent's attorney, the respondent's lay person, and the respondent's legal guardian, if applicable, within one week after discharge, if requested. A facility that is transferring a respondent to a different facility or to an outpatient program shall provide all treatment records to the facility or provider accepting the respondent at least twenty-four hours prior to the transfer.