P.R. Laws tit. 24, § 6155p-1
Whenever necessary, if within twenty-four (24) hours following the petition for the discharge of an adult voluntarily institutionalized, the psychiatrist, in consultation with the interdisciplinary team, determines that the adult poses danger, the director of the mental healthcare institution or his/her representative, pro se or by petition of a family member or the person’s legal guardian, shall file with the court a petition to change from voluntary to involuntary placement status, which shall not exceed fifteen (15) days.
Such petition shall be accompanied by a change of status certification issued by the psychiatrist, together with the interdisciplinary team, which shall establish whether the adult meets the criteria for such change of status. Within forty-eight (48) hours following the filing of the petition to change from voluntary to involuntary status, the court shall determine whether such petition is in order. During the course of this process, the adult shall be kept in the hospital.
This change of status certification shall contain the following:
(a) Evidence of the design and implementation of the individualized treatment, recovery and rehabilitation plan of the inter- or multidisciplinary team.
(b) An attesting statement whereby it is established that the psychiatrist, together with the interdisciplinary team, reevaluated the adult pursuant to the individualized treatment plan, and that they found that it was necessary for the adult to continue receiving services under involuntary status.
(c) A detailed account of the reviewed individualized treatment, recovery and rehabilitation plan that includes a reasonable prognosis of the benefits that the adult is expected to receive during the continuation of the involuntary placement.
(d) The identification and prompting by the case manager of the resources to place the patient in the level of care necessary and convenient for his/her condition, once the treatment at the hospital has met its purpose.
(e) A discharge plan prepared by a psychiatrist, in consultation with the therapeutic team, to be followed-up by the case manager, a copy of which shall be handed to the patient and his/her legal guardian, if any.
(f) The name and professional standing of the interdisciplinary team intervening in the certification.
If the initial fifteen (15)-day term should have lapsed and a petition to extend the order for involuntary placement has not been filed on time before the court together with the corresponding certification, the institution shall then immediately discharge the adult and notify the court of such discharge. If during the hearing, the court should find that the adult should continue receiving treatment services under an involuntary status, the court may order the extension of the involuntary placement for a term not greater than fifteen (15) days.
Within twenty-four (24) hours following the issue of the order to change from voluntary to involuntary status, a copy of the certification and the order issued by the court shall be furnished to the adult, to the caregiving family member, to the legal guardian, or to the attorney or representative of such adult, as the case may be.
History —Oct. 2, 2000, No. 408, added as § 4.18(A) on Aug. 6, 2008, No. 183, § 29.