CJI-Civ. 35:2

In this proceeding, the petitioner, (name), who is the professional person presently in

charge of the mental health evaluation and treatment of the respondent, (name), has filed a

petition for an order directing the continued mental health care and treatment of the

respondent, (name).

The petitioner contends that the respondent is a person with a mental illness or

mental health disorder and, as a result, (is a danger [to (insert applicable pronoun)] [or] [to

others]) (or) (is gravely disabled). (The petitioner further contends that because of such

mental illness or mental health disorder the respondent is not competent to [insert an

appropriate description of any one or more specific legal disabilities the petitioner or

copetitioner is seeking to have imposed on the respondent or any one or more of the

respondent’s legal rights the petitioner or copetitioner is seeking to take away].)

The respondent denies (insert applicable pronoun) is (insert the appropriate language,

e.g., “a person with a mental illness or mental health disorder,” or “a danger to himself or to

others,” or “gravely disabled,” etc.).

The respondent further contends that (insert an appropriate description of any one or

more of the conditions required in § 27-65-109(1)(a), (b), and (c), C.R.S., for a valid order

which the respondent contends has not been met).

You are instructed to answer the following questions that will be on a Special

Verdict form. You must all agree to your answers to each question for which an answer is

required. The burden of proof is on the petitioner to prove any “yes” answers to the

following questions.

Any “yes” answer to 1 or 2 must be proved by clear and convincing evidence.

(1. Is the respondent a person with a mental illness or mental health disorder and, as

a result of such mental illness or mental health disorder, is the respondent a danger [to

(insert applicable pronoun)] [or] [to other persons]?)

(2. Is the respondent a person with a mental illness or mental health disorder and, as

a result of such mental illness or mental health disorder, is the respondent gravely

disabled?)

If you answer “no” to both questions 1 and 2, stop here, enter your answers on the

Special Verdict form and all jurors shall sign it.

If you answer “yes” to either question 1 or 2, then answer the following questions.

Any “yes” answer to any of the following questions must be proved by a

preponderance of the evidence.

(3. Is the respondent because of [his] [her] mental illness or mental health disorder

unable to do any of the following competently:

a. [insert an appropriate description of any one or more (using identifying letters “b.,”

“c.,” etc., if there is more than one) specific legal disabilities sought to be imposed or any one or

more specific legal rights sought to be taken away under § 27-65-109(4), C.R.S.)]?)

(4. Did the professional staff of the [insert name of the agency or facility providing the

previous short-term treatment] analyze the respondent’s condition, and did they find that the

respondent is a person with a mental illness or mental health disorder and, as a result of

such mental illness or mental health disorder, [is a danger (to [insert applicable pronoun])

(or) (to others)] [or] [is gravely disabled]?)

(5. Has [insert name of facility which is to provide long-term care and treatment] been

designated or approved by the executive director of the State Department of Human

Services as a facility authorized to provide long-term mental health care and treatment?)

(6. Has the respondent been advised of the availability of voluntary treatment?)

(If you answer the preceding question number 6 “yes,” then also answer the

following question:

7. Has the respondent not accepted such voluntary treatment or, if the respondent

has accepted voluntary treatment, would a reasonable person believe that the respondent

will not remain in a voluntary treatment program?)

(Insert any other questions which may be necessary to resolve properly any other claims

of the parties.)

Enter your answers on the Special Verdict form and all jurors shall sign it.