| (2) It is the physician's opinion that the patient is a | chemically dependent person who is incapacitated such | that there is an immediate risk of serious harm to that | person; |
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| D. A written statement signed by the administrator of the | approved treatment facility certifying that: |
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| (1)__A copy of the application and the accompanying | documents have been given personally to the person and | if the person consents to the person's next of kin or | guardian; |
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| (2)__The person and the person's next of kin or | guardian have been notified of the person's right to | retain an attorney or have an attorney appointed or the | person's right to select or name the person's attorney; |
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| (3)__The person and the person's guardian, parent, | spouse or next of kin have been notified of the | person's right to select an independent examiner; and |
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| (4)__The person and the person's guardian, parent, | spouse or next of kin have been given instructions on | how to contact the District Court; and |
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| E.__A copy of the notice and instructions given to the | person or the person's next of kin or guardian. |
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| | 2.__Commitment pending judicial determination.__ | Notwithstanding any other provisions of this subchapter, a | person, with respect to whom proceedings for judicial commitment | have been commenced, may not be voluntarily released or | discharged during the pendency of the proceedings, unless: |
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| A.__The District Court orders release or discharge upon the | application of the person or the person's guardian, parent, | spouse or next of kin; |
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| B.__The District Court orders release or discharge upon the | report of the administrator of the approved treatment | facility that the person may be discharged safely; or |
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| C.__A court orders release or discharge upon a writ of | habeas corpus pursuant to section 20045-C. |
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| | 3.__Notice of receipt of application.__Notice of the receipt | of an application for continued involuntary treatment under this | section must be provided in accordance with the following. |
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