North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-03.1-08. Application to state's attorney or retained attorney--Petition for involuntary treatment--Investigation by mental health professional

1. An individual eighteen years of age or over shall present, in good faith, the information necessary for the commitment of an individual for involuntary treatment to the state's attorney of the county in which the respondent is presently located, or which is the respondent's place of residence, or to an attorney retained by the petitioner to represent the petitioner throughout the proceedings. The attorney shall assist the petitioner in completing the petition. The petition must be verified by affidavit of the petitioner and contain assertions that the respondent is a person requiring the treatment; the facts, in detail, that are the basis of that assertion; the names, telephone numbers, and addresses, if known, of any witnesses to those facts; and, if known, the name, telephone number, and address of the nearest relative or guardian of the respondent, or, if none, of a friend of the respondent.

2. The petition may be accompanied by any of the following:

3. In assisting the petitioner in completing the petition, the state's attorney may direct a tier 1 or tier 2 mental health professional designated by the state-operated behavioral health clinic to investigate and evaluate the specific facts alleged by the petitioner. The investigation must be completed as promptly as possible and include observations of and conversation with the respondent, unless the respondent cannot be found or refuses to meet with the mental health professional. A written report of the results of the investigation must be delivered to the state's attorney. Copies of the report must be made available upon request to the respondent, the respondent's counsel, and any expert examiner conducting an examination under section 25-03.1-11. The state's attorney or retained attorney shall file the petition if the information provided by the petitioner or gathered by investigation provides probable cause to believe the subject of the petition is a person requiring treatment. A state's attorney who determines there are insufficient grounds for filing a petition may refer the individual to other community resources. A state's attorney's decision not to institute proceedings may be reviewed under section 11-16-06.