The proposed bill aims to establish a new section in the Code of West Virginia, specifically 27-5-12, which introduces an intermediate conservatorship or guardianship process for individuals receiving voluntary treatment for mental health issues. This process is designed to be initiated when a patient at a facility expresses the intent to leave, and a qualified mental health professional assesses that the individual is gravely disabled and poses an imminent risk of harm to themselves or others. The facility can file a petition for temporary conservatorship or guardianship within 24 hours of the notification, which must include a declaration from the assessing professional, a proposed treatment plan, evidence of attempts at less restrictive alternatives, and the notification details.

The bill outlines a timeline for hearings and the duration of temporary conservatorship or guardianship, allowing for a court order effective for up to 14 days, with a hearing to be held within 10 days to determine the need for extended conservatorship. It also allows the facility to detain the individual for treatment during this period without it being classified as involuntary commitment. Additionally, if long-term involuntary hospitalization is deemed necessary, a petition can be filed accordingly. The Secretary of the Department of Human Services is authorized to create rules to implement these provisions.

Statutes affected:
Introduced Version: 27-5-12
Committee Substitute: 27-5-12