DMR.3.6.030 Annual Review

No less than once each twelve (12) months, the Court shall order an annual review of any protective placement, to determine if the conditions justifying the protective placement still exist:

(a) The Court shall appoint a guardian ad litem in a timely fashion to allow the guardian ad litem to complete his or tasks as set forth in Section DMR.3.6.030(b), below prior to the completion of the twelve (12) month period.

(b) The guardian ad litem shall meet with the ward, talk to the guardian, and review the medical records of the ward and the records of any facility providing the ward's residential care. The guardian ad litem shall inform the ward of the purpose of the annual review, shall determine, if possible, whether the ward wishes a hearing on the continued protective placement. The guardian ad litem shall report his or her findings and recommendations to the Court no later than fifteen (15) days before the completion of the twelve (12) month period, on forms prescribed by the Clerk of Court.

(c) If neither the ward, guardian, guardian ad litem, nor any other person requests a hearing, and if the guardian ad litem recommends continuation of the protective placement, then the Court may either hold a hearing on the continuation of the protective placement, or may order a twelve (12) month continuation of the protective placement based on the reports in the record.