§ 8711. Conduct of hearing

(a) The respondent, the petitioner, and all other persons to whom notice has been sent may attend the hearing, testify, present evidence, and subpoena, present, and cross-examine witnesses, including those who prepared the comprehensive evaluation. The court may exclude any person not necessary for the conduct of the hearing.

(b) The hearing shall be conducted according to the rules of evidence applicable in civil actions in the Superior Courts of the State and to an extent not inconsistent with this chapter, the Rules of Civil Procedure of the State shall be applicable.

(c) The court shall determine the following:

(1) whether the respondent has an intellectual disability;

(2) whether the respondent is competent to give informed consent as defined in section 8706 of this title; and

(3) if the court determines that the respondent is not competent to give informed consent, whether a sterilization is in the best interests of the respondent by considering the following factors:

(A) that the respondent is physically capable of conceiving a child;

(B) that the respondent is likely to engage in sexual activity at present or in the near future under circumstances which may result in pregnancy;

(C) that the nature of the respondent's disability renders the respondent incapable now or in the future of caring for a child;

(D) that the respondent's disability is not likely to improve, nor does medical knowledge exist to establish that an advance in treatment of the disability is likely; and

(E) that no effective, less drastic alternative to sterilization is medically indicated which will meet the needs of the respondent.

(d) The court shall order the Commissioner of Disabilities, Aging, and Independent Living to arrange for the preparation of a comprehensive medical, psychological, and social evaluation of the person through developmental disability agencies affiliated with the Department. The comprehensive evaluation shall be completed within 30 days of the receipt of the petition. The medical report shall be prepared by a physician and shall describe the physical condition of the respondent and the availability of effective, alternative contraceptive measures to meet the needs of the person. The psychological report shall include a diagnosis of the person's intellectual ability and social functioning. The social report shall be prepared by a qualified developmental disabilities professional, and shall describe the respondent's developmental and social functioning.

(e) The petitioner shall have the burden of proving the elements of the petition by clear and convincing evidence.

(f) The evaluation shall be received into evidence, if the persons who prepared the evaluation are available for the hearing or subject to service of subpoena. However, the court shall not be bound by the evidence contained in the evaluation, but shall make its determination upon the entire record. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 43; 2013, No. 96 (Adj. Sess.), § 111.)