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§43A-5-503.
§43A-5-503.
A. A child may be admitted for inpatient mental health treatment only
pursuant to the provisions of the Inpatient Mental Health Treatment of
Children Act.
B. A parent of a child may consent to the voluntary admission of the
child for inpatient mental health treatment or, when the child is age
sixteen (16) or older and refuses to consent or revokes his or her
consent to inpatient mental health treatment, request the district
attorney to file a petition alleging the child to be a child in need
of mental health treatment and to require inpatient treatment.
C. A mental health facility may make application to the district
attorney for the filing of a petition alleging a child to be a child
in need of mental health treatment and to require inpatient treatment
when the parent consenting to a child's admission revokes such consent
and the person in charge of the mental health facility, or other
person authorized by the person in charge of the facility to make such
determination, determines that the condition of the child is such that
the child should remain in the mental health facility.
D. A child who is a ward of a court may be admitted to a hospital or
other mental health facility for inpatient mental health evaluation or
treatment only pursuant to the provisions of Section 5-507 of this
title.
1. a. A parent having legal custody of a child who is a ward of the
court, with the consent of the person responsible for the supervision
of the case, may request the district attorney to file a petition
alleging the child to be a child in need of mental health treatment
and to require inpatient treatment, or
b. The Department of Human Services, the Office of Juvenile Affairs or
the juvenile bureau having supervision of the case may make such
request.
2. A public or private child care agency having legal custody of a
child may request the district attorney to file a petition alleging
the child to be a child in need of mental health treatment and to
require inpatient treatment.
E. Nothing in the Inpatient Mental Health Treatment of Children Act
shall be interpreted to prohibit or preclude the provision of
outpatient mental health treatment or services including, but not
limited to, an outpatient mental health evaluation, counseling,
educational, rehabilitative or other mental health services to the
child, as necessary and appropriate, in the absence of a specific
court order for such services.
F. 1. An order of a court committing a child to a mental health
facility for inpatient evaluation or treatment shall not, by itself,
relieve a parent of the obligation to provide for the support of the
child or of liability for the cost of mental health treatment provided
to the child.
2. Nothing in the Inpatient Mental Health Treatment of Children Act
shall be interpreted to:
a. limit the authority of the court to order a parent to make support
payments or to make payments or reimbursements for medical care or
treatment, including mental health care or treatment, to the person,
institution, agency or Department having custody of the child or
providing the treatment, or
b. abrogate the right of the child to any benefits provided through
public funds for which the child is otherwise eligible.
3. An order committing a child to a mental health facility for
inpatient treatment shall not by itself serve to preclude a subsequent
adjudication which finds the child to be delinquent, in need of
supervision or deprived or shall not cause the vacation of any such
order of adjudication previously entered.
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