Right to counsel

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Legislation, Civil Commitment - Subject of Petition

All persons alleged to be subject to "involuntary commitment under court order" to a mental health facility "shall be afforded" the opportunity to be represented by counsel under the Substance Abuse and Mental Health Act. Utah Code Ann. § 62A-15-631(9)(a) ("If neither the patient nor others provide counsel, the court shall appoint counsel and allow him sufficient time to consult with the patient prior to the hearing");  62A-15-637(3)(b) (providing right to counsel where patient moved to more restrictive environment). The statute adds that if such a person is indigent, the county where the patient resides or was found "shall" pay reasonable attorney fees as determined by the court.

Appointment of Counsel: categorical Qualified: no