North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-03.1-31. Procedure to extend continuing treatment orders--Respondent's right to petition for discharge

1. If the director or superintendent believes that a respondent continues to be a person requiring treatment, the director or superintendent, not less than thirty days before expiration of the order, shall petition the court where the facility is located for another continuing treatment order in the manner prescribed by section 25-03.1-23. The petition must also contain a notice to the respondent that, unless the respondent waives a hearing on the petition within fifteen days after service of the petition upon the respondent, a hearing will be held by the court. The court shall appoint counsel for the respondent upon receipt of the petition, unless retained counsel has appeared on behalf of the respondent. If retained counsel has appeared, the court shall provide notice of the petition to the attorney. If the hearing is not waived, it must be held within thirty days after the petition was filed, unless extended for good cause shown. The burden of proof is the same as in an involuntary treatment hearing.

2. Every individual subject to an order of continuing treatment has the right to petition the court for discharge once annually. The petition may be presented to the court or a representative of the facility who shall transmit it to the court forthwith. If the patient is indigent or is unable for reasons satisfactory to the court to obtain an independent expert examiner, the court shall appoint an independent expert examiner to examine the patient and to furnish a report to the court. The court shall set a hearing date which must be within fourteen days of receipt of the examiner's report. At the hearing, the burden of proof is the same as in an involuntary treatment hearing.