North Dakota Century Code Title 23. Health and Safety § 23-07.6-09. Court findings and orders

If the court finds by a preponderance of the evidence that the respondent is infected with a communicable disease, poses a substantial threat to the public health, and that confinement of the respondent is necessary and is the least restrictive alternative to protect or preserve the public health, the court may order the continued confinement of the respondent under any conditions and restrictions the court determines appropriate for decontamination, treatment, or prevention, including remand to the health officer that petitioned the court or issued the original directive, until the health officer that issued the original written directive for confinement determines that the respondent's release would not constitute a substantial threat to the public health, or may order the release of the respondent under any conditions and restrictions the court determines appropriate to protect the public health.  If the court fails to find that the conditions required for an order for confinement have been proven, the court shall order the immediate release of the respondent.


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