{"data":{"id":"us-nc/n.c.-gen.-stat.-122c-274--2","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 122C-274","heading":"(Effective December 1, 2026) Supplemental hearings.","body":"(a)\tUpon receipt of a request for a supplemental hearing, the clerk shall calendar a hearing to be held within 14 days and notify, at least 72 hours before the hearing, the petitioner, the respondent, the respondent's attorney, if any, and the designated outpatient treatment provider and LME/MCO. The respondent shall be notified at least 72 hours before the hearing by personally serving on him an order to appear. Other persons shall be notified as provided in G.S. 122C-264(c).\n(b)\tThe procedures for the hearing shall follow G.S. 122C-267.\n(c)\tIn supplemental hearings for alleged noncompliance, the court shall determine whether the respondent has failed to comply and, if so, the causes for noncompliance. If the court determines that the respondent has failed or refused to comply it may:\n(1)\tUpon finding probable cause to believe that the respondent is mentally ill and dangerous to himself, as defined in G.S. 122C-3(11)a., or others, as defined in G.S. 122C-3(11)b., order an examination by the same or different commitment examiner as provided in G.S. 122C-263(c) in order to determine the necessity for continued outpatient or inpatient commitment.\n(2)\tReissue or change the outpatient commitment order in accordance with G.S. 122C-271.\n(3)\tDischarge the respondent from the order and dismiss the case.\n(4)\tIssue an order for inpatient commitment upon finding by clear, cogent, and convincing evidence that the respondent is mentally ill and dangerous to himself, as defined in G.S. 122C-3(11)a., or others, as defined in G.S. 122C-3(11)b. A finding of noncompliance with an outpatient commitment order pursuant to this section shall create a rebuttable presumption that the respondent is dangerous to himself, as defined in G.S. 122C-3(11)a., or others, as defined in G.S. 122C-3(11)b.\n(d)\tAt the supplemental hearing for a respondent who has moved or intends to move to another county, the court shall determine if the respondent meets the criteria for outpatient commitment set out in G.S. 122C-263(d)(1). If the court determines that the respondent no longer meets the criteria for outpatient commitment, it shall discharge the respondent from the order and dismiss the case. If the court determines that the respondent continues to meet the criteria for outpatient commitment, it shall continue the outpatient commitment but shall designate an outpatient treatment provider at the respondent's new residence to be responsible for the care and treatment of the respondent's outpatient commitment and shall also designate the LME/MCO, or an alternative as determined by the Department, responsible for monitoring and supervision. The court shall order the respondent to appear for treatment at the address of the newly designated outpatient treatment provider and shall order venue for further court proceedings under the outpatient commitment to be transferred to the new county of supervision. Upon an order changing venue, the clerk of court in the county where the outpatient commitment has been supervised shall transfer the records regarding the outpatient commitment to the clerk of court in the county where the commitment will be supervised. Also, the clerk of court in the county where the outpatient commitment has been supervised shall send a copy of the court's order directing the continuation of outpatient treatment under new supervision to the newly designated outpatient treatment provider and the LME/MCO, or an alternative as determined by the Department.\n(e)\tAt any time during the term of an outpatient commitment order, a respondent may apply to the court for a supplemental hearing for the purpose of discharge from the order. The application shall be made in writing by the respondent to the clerk of superior court of the county where the outpatient commitment is being supervised. At the supplemental hearing the court shall determine whether the respondent continues to meet the criteria specified in G.S. 122C-263(d)(1). The court may either reissue or change the commitment order or discharge the respondent and dismiss the case.\n(f)\tAt supplemental hearings requested pursuant to G.S. 122C-277(a) for transfer from inpatient to outpatient commitment, the court shall determine whether the respondent meets the criteria for either inpatient or outpatient commitment. If the court determines that the respondent continues to meet the criteria for inpatient commitment, it shall order the continuation of the original commitment order. If the court determines that the respondent meets the criteria for outpatient commitment, it shall order outpatient commitment for a period of time not in excess of 180 days. If the court finds that the respondent does not meet either criteria, the respondent shall be discharged and the case dismissed. (1983, c. 638, s. 17; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 2; 1989 (Reg. Sess., 1990), c. 823, s. 10; 2026-38, s. 11(g).)","path":["Chapter 122C. Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985.","Article 5. Procedure for Admission and Discharge of Clients.","Part 7. Involuntary Commitment of the Mentally Ill; Facilities for the Mentally Ill."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_122C/GS_122C-274.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-10-28T06:10:16Z","sha256":"026bf722b73124c9c347bd326ecc4bcbcb61746f867138d6b23a930596dccfd3","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-122c-274","next":"us-nc/n.c.-gen.-stat.-122c-275"},"notice":"GroundRules: Original legal text. Not legal advice."}