North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-03.1-26. Emergency procedure--Acceptance of petition and individual--Notice--Court hearing set

1. A public treatment facility immediately shall accept and a private treatment facility may accept on a provisional basis the application and the individual admitted under section 25-03.1-25. The superintendent or director shall require an immediate examination of the subject.

2. Within seventy-two hours after admission as medically necessary, the superintendent or director shall:

3. Upon receipt of the petition and notice of emergency detention, the magistrate shall set a date for a preliminary hearing, if the respondent is alleged to be an individual who is mentally ill or an individual who is mentally ill and has a substance use disorder, or a treatment hearing, if the respondent is alleged to be an individual who has a substance use disorder, to be held no later than five days, exclusive of weekends and holidays, after detention unless the individual has been released as an individual not requiring treatment, has been voluntarily admitted for treatment, has requested or agreed to a continuance, or unless the hearing has been extended by the magistrate for good cause shown. The magistrate shall appoint counsel if one has not been retained by the respondent.