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PA Bulletin, Doc. No. 97-1342

THE COURTS

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Amendment of Phila. Civ. R. No. 7109; President Judge General Court Regulation No. 97-02

[27 Pa.B. 4308]

Order

   And Now, this 8th day of August, 1997, in order to fully implement the aims of the Mental Health Procedures Act of 1976, as amended, It Is Hereby Ordered, Adjudged and Decreed that the following provisions of Phila. Civ. R. No. 7109, effective July 1, 1997, are amended as follows:

   (1)  Subsection (d) is amended to read as follows:

   (d)  Form of Applications, Petitions and Certifications. All Applications, Petitions and Certifications filed pursuant to the Mental Health Procedures Act shall be on forms approved by the Department of Public Welfare. Provided, however, that the parties shall attach a cover sheet with all Applications, Petitions and Responses in the form set forth hereunder or as modified by the Court from time to time.

   (2)  Subsection (e)(3) is amended to read as follows:

   (e)(3)  Filing and Service of Petition. The Petition must be filed with the Prothonotary within 120 hours of commencement of involuntary emergency treatment rendered pursuant to Section 302, and served by the Petitioner as soon as practicable on the person, his/her attorney, the City Solicitor and the Mental Health Review Officer.

   (3)  Subsection (e)(4) is amended to read as follows:

   (e)(4)  Scheduling of Conference. An informal conference shall be [scheduled and held] listed within 24 hours after the application is filed, [and concluded] with Court intervention to occur within 120 hours of the commencement of involuntary emergency treatment rendered pursuant to Section 302.

   (4)  Subsection (f)(1)(D) is amended to read as follows:

   (f)(1)(D)  Scheduling of Hearing. A hearing [must be scheduled for a date] shall be held not more than five (5) days after the filing of the Petition.

   (5)  Subsection (f)(1)(F)(iv) is amended to read as follows:

   (f)(1)(F)(iv)  Testimony by a physician who examined the person[;].

   (6)  Subsection (f)(1)(F)(v) is deleted in its entirety.

   (7)  Subsection (f)(2)(F)(iii) is amended to read as follows:

   (f)(2)(F)(iii)  Any other information relevant to the issue of whether the person is severely mentally disabled and in need of treatment[, even if such information is normally excludable under the rules of evidence, provided the information is found to be reliable.]

   (8)  Subsection (g)(4) is amended to read as follows:

   (g)(4)  Scheduling of Hearing. A hearing [must be scheduled and] shall be held not more than five (5) days after the filing of the Petition.

   (9)  Subsection (g)(6)(D) is amended to read as follows:

   (g)(6)(D)  [Any other relevant information, even if normally excludable under the rules of evidence, provided the information is found to be reliable.] Any other information relevant to the issue of whether the person is severely mentally disabled and in need of treatment.

   (10)  Subsection (h)(2)(B) is amended to read as follows:

   (h)(2)(B)  transfers which constitute a greater restraint cannot be accomplished unless before the expiration of the period of involuntary treatment a petition is filed as provided in this rule and the Mental Health Review Officer [holds], after a hearing, [and] finds the transfer to be necessary and appropriate.

   (11)  Subsection (i)(3) is amended to read as follows:

   (i)(3)  Preparation of Record for the Court. The Mental Health Review Officer shall produce the record of the proceedings held by the Mental Health Review Officer [cause the transcription of the underlying proceedings for presentation] to the Review Judge no later than the hearing date, and shall ensure that the evidence relied upon by the Mental Health Review Officer is available to the Review Judge.

   (12)  Subsection (k) is amended to read as follows:

   (k)  Appointment of Counsel. [The Public Defender is appointed] The President Judge, or his designee, shall appoint counsel to represent all persons who may be subject to involuntary medical examination and treatment, unless it appears that any such person can afford, and desires to have, private representation. [In the event a conflict prevents the Public Defender from representing any eligible person, conflict counsel shall be appointed as directed by the President Judge.]

   This General Court Regulation is issued in accordance with Phila. Civ.R.No. *51 and Pa.R.C.P. 239 and shall become effective immediately. As required by Pa.R.C.P. No. 239, the original General Court Regulation shall be filed with the Prothonotary in a Docket maintained for General Court Regulations issued by the President Judge of the Court of Common Pleas of Philadelphia County, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedural Rules Committee. Copies of the Order shall also be submitted to Legal Communications, Ltd., The Legal Intelligencer, Jenkins Memorial Law Library, and the law library for the First Judicial District.

ALEX BONAVITACOLA,   
President Judge

 

INSTRUCTIONS

   1.  The original Application, Petition and Cover Sheet must be filed with the Prothonotary's Office, First Filing, Room 278 City Hall. Service copies shall also be filed with the Prothonotary who will attest and return them to the Petitioner for service on all interested parties. No Filing Fee shall be payable.

   2.  Upon filing of the Application or Petition, the Court will enter an Order listing a conference or hearing. The Petitioner must serve a copy of the Application or Petition and Order on all interested parties: the Patient, his/her attorney, persons designated to be kept informed as provided in Section 302(c), the City Solicitor and the Mental Health Review Officer, as required by the Mental Health Procedures Act of 1976 as amended, and Phila. R.C.P. No. 7109. Petitions for Review shall be forthwith served on the City Solicitor, the patient, the patient's attorney of record, the Mental Health Review Officer and the Court. An Affidavit of Service shall be filed on the hearing date.

   3.  A hearing or conference will be listed or held as follows:

   (a)  within 24 hours after the filing of an Application pursuant to Section 303 of the Act; provided, however, that Applications filed on Friday will likely be listed for the next business day;

   (b)  within 5 days after the filing of a Petition pursuant to Sections 304, 305 and 306 of the Act;

   (c)  within 3 days after a Petition for Review is filed.

Location of Mental Health Hearing Sites

Albert Einstein Medical Center
5583 Park Avenue
Philadelphia, PA 19141
(215) 456-7095

Allegheny University Hospital
Broad and Vine Streets
11th Floor--South
Philadelphia, PA 19102
(215) 762-7403

Girard Medical Center
8th Street and Girard Avenue
Philadelphia, PA 19122
(215) 787-2048

Norristown State Hospital
1001 Stergiere, Bldg. 10 and 52
Norristown, PA 19406
(610) 270-1357

EPPI
3200 Henry Avenue
Main Building
Philadelphia, PA 19129
(215) 842-4377

Kirkbride Center
111 N. 49th Street
Philadelphia, PA 19139
(215) 471-2839

   Please Note: The Information Contained Herein May Change Without Notice (8/97)

[Pa.B. Doc. No. 97-1342. Filed for public inspection August 22, 1997, 9:00 a.m.]


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