What happens if a special justice orders mandatory outpatient treatment over CSB objections?
Pursuant to 37.2-817.D, in order to issue a MOT order, the judge or special justice must make several specific findings, including that the proposed treatment can be delivered on an outpatient basis by the community services board or other designated provider. If the proposed treatment cannot be delivered, MOT should not be ordered. If a special justice orders MOT anyway, despite knowing that the proposed services cannot be delivered, then the CSB should accept the order but let the court know in writing that the CSB is unable to provide services and why. A letter should be sent to the Clerk of the court identifying the case and noting that even though the CSB testified at the hearing that it was unable to provide the proposed services, the special justice ordered it anyway. Finally, a copy of that letter should be sent to the Executive Secretary of the Supreme Court. 37.2-817.H also provides a procedure for notifying the court and re-hearing the case if a CSB determines, after an MOT
