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4th JUDICIAL DISTRICT DISTRICT COURT OF EL PASO/TELLER COUNTY, COLORADO DIVISION W- PROBATE

Case Management Order: Mental Health updated November 19, 2015

All Mental Health documents filed with the Court must be submitted via secure e-mail or fax or hand delivery at 270 S. Tejon, Case Processing, Room 105, Colorado Springs, CO 80903.

 If you are sending your Mental Health documents via secure e-mail, then you will be sending them to the following five individuals simultaneously in case processing: [email protected]; [email protected]; [email protected], [email protected]; and [email protected].  If you are sending your Mental Health documents via fax the # is 719-452-5004.  Please note that the size limit for the Court to receive an e-mail or fax is 3 mega bites. If the file/fax is larger than that, the filing will not come through and the Court has no way to notify the sender of the failure. A failed email attempt will not forward a message to the court. Faxes to the court are delivered as an email.

Mental Health documents include:  The initiating documents – REQUIRED DOCUMENTS 1) Notice of Certification 2) Physician’s Statement 3) Application for Representation (M19)

DESIRED BUT NOT REQUIRED DOCUMENTS 1) Rights of Clients/Patients 2) Mental Health Report

 Attorney’s Motions and Proposed Orders  M9 Notice of Transfer  M10. The filing party (hospital/facility) is responsible for filing this document with the Court, and serving/sending a copy to Court Appointed Counsel, and the Office of the County Attorney (if applicable).

Please Keep the Following Points in Mind:

 All documents must be complete and legible (typed or printed clearly) and must be signed by the facility representative/moving/petitioning party. Division W staff cannot accept any documents; all filings must go through Case Processing.  The Court staff cannot fill out forms for you.  Direct contact with the judge or magistrate is not allowed.  Your case number must be on all documents filed with the court.

After your Mental Health Initiating Documents are submitted to the Court:

(a) Case Processing will assign a case number and create a file, then (b) Division W staff will issue an Order appointing Court Appointed Counsel (CTA) for the Respondent. This document, once ruled upon by the magistrate, will then be e-mailed to the facility, OCA, and to the CTA. The CTA will receive a copy of the file. If the Respondent Requests a Hearing: (a) the attorney will submit the request for hearing with the name of the respondent’s current treatment facility to the Court by secure e-mail to case processing. (b) Division W staff will issue the Notice of Hearing and Order for Transport and will serve the facility, CTA, Office of the County Attorney, RSP through the CTA, and Court and Transport. (c) **The treating physician in support of the certification or petition for administration of involuntary medications is expected to show for the hearing unless the hearing has been vacated or a timely request to continue the hearing has been made and granted.

If the Hearing is Vacated: (a) the facility will submit an M-10 if the RSP has been discharged or the Office of the County Attorney will submit a signed stipulated medications order if the RSP is choosing to take their medications or a request from counsel to continue hearing, then (b) Division W staff will vacate the hearing and notify Court and Transport. (c) **The hearing will not be vacated unless notice has been provided to the Court that the RSP has been released or the OCA has submitted a stipulated order. It is very important that the Court receive this notice to avoid having the Sheriff’s Deputy arrive to transport the RSP unnecessarily.

If the Respondent does not speak or understand English, or is hearing impaired – need for interpreter:

1. In accordance with Chief Justice Directive 06-03 where language interpreter needed (a) A party in interest (e.g. petitioner, respondent) is entitled to the presence of a certified/qualified language interpreter to translate the proceedings for the party in interest if that party has limited English proficiency (limited ability to speak, read or write in English). Such interpreter shall be at state expense if necessary. (b) As to other persons participating in the proceeding, the provision of an interpreter is at the discretion of the Court. (c) If an interpreter is needed for the hearing, please notify the Court’s staff as soon as possible to avoid the hearing needing to be re-scheduled. 2. In accordance with C.R.S. § 13-90-201 et seq., where sign language interpreter is needed (a) A party in interest (e.g. petitioner, respondent) is entitled to the presence of a qualified sign language interpreter or assistive listening device if the party is deaf or hard of hearing. Such interpreter or device shall be at state expense if necessary. (b) If an interpreter or assistive device is necessary for the hearing, please notify the Court’s staff as soon as possible to avoid the hearing needing to be re-scheduled. 3. THE COURT IS NOT PERMITTED TO ALLOW FAMILY MEMBERS OR FRIENDS PROVIDE INTERPRETATION SERVICES TO THE INTERESTED PARTY. State and federal law require that qualified/professional services be utilized where needed by an interested party.

Questions and Comments:

(a) Court judicial assistants (CJA’s) can only speak to parties to the case (respondent, OCA, CTA, and facility). (b) CJA’s cannot speak to family members or attorneys who aren’t party to the case. (c) CJA’s can answer procedural questions. I.E. tell you whether or not an order has been issued and what the order is, and confirm a hearing date.

Please address all of your procedural questions to the following Division W staff simultaneously via e-mail: [email protected] and [email protected]. No one in case processing will be 2 4th JUDICIAL DISTRICT DISTRICT COURT OF EL PASO/TELLER COUNTY, COLORADO DIVISION W- PROBATE able to address your questions. If you contact the clerk to check on the status of your case, you will need to have the case number. Please do not include the name of the individual in your correspondence.

BY THE COURT:

______HONORABLE FRANCES R. JOHNSON DISTRICT COURT MAGISTRATE