Skip to main content
Find a Lawyer

North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-01.2-11. Psychosurgery, sterilization, or research--Court order required--Hearing--Right to attorney at public expense

Current as of January 01, 2024 | Updated by FindLaw Staff

A court of competent jurisdiction may issue the orders required for the procedures or treatments in subsection 4 of section 25-01.2-09 upon application of the party alleging the necessity of the procedure, the individual who is receiving or is entitled to receive the treatment, the parents or custodian of the individual under eighteen years of age, or guardian, following a hearing on the application.

1. The individual receiving or entitled to treatment shall:

a. Receive prior notice of the hearing;

b. Have the right and the opportunity to present evidence; and

c. Have the right to be confronted with and to cross-examine witnesses.

2. If the individual with a developmental disability is indigent, counsel shall be provided at public expense not less than ten days before the hearing.

3. The burden of proof is on the party alleging the necessity of the procedure or treatment.

4. An order allowing the procedure or treatment may not be granted unless the party alleging the necessity of the procedure or treatment proves by clear and convincing evidence that the procedure is in the best interest of the recipient and that no less drastic measures are feasible.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-01.2-11. Psychosurgery, sterilization, or research--Court order required--Hearing--Right to attorney at public expense - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-25-mental-and-physical-illness-or-disability/nd-cent-code-sect-25-01-2-11/

Read this complete North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-01.2-11. Psychosurgery, sterilization, or research--Court order required--Hearing--Right to attorney at public expense on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all North Dakota Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard