Matter of Hernandez

HILL, Judge.

The respondent argues that the trial judge erred by failing to dismiss the petition in this cause. Respondent contends such petition must include specific facts upon which the magistrate may find by clear, cogent, and convincing evidence that the requisite criteria are present to justify the issuance of an emergency order.

The magistrate in this matter issued the custody order pursuant to the special emergency procedure of G.S. 122-58.18 which provides in part:

When a person subject to commitment under the provisions of this Article is also violent and requires restraint, and delay…