No person shall be court-ordered to assisted outpatient mental health treatment unless the person: (1) Is diagnosed with a serious mental illness; (2) Has a history of repeated nonadherence with mental health treatment, which has: (a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person; or (b) Within the last twenty -four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others; (3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional's: (a) Clinical observation; and (b) Identification of specific characteristics of the person's clinical condition that significantly impair the person's ability to make and maintain a rational and informed decision as to whether to engage in outpatient treatment voluntarily; and (4) Is in need of court -ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate.
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