[Previous] [Next]
§43A-5-505.
§43A-5-505.
A. A child may be admitted to a mental health facility willing to
admit the child for inpatient treatment upon application and with the
consent of a parent having custody of the child as follows:
1. A child sixteen (16) years of age or older may be admitted to a
willing mental health facility for inpatient treatment upon the joint
application and consent of the child and the child's parent; and
2. The consent of a child under the age of sixteen (16) is not
required for admission pursuant to the provisions of this section.
B. Upon the application of a parent of the child, a mental health
facility may admit the child for inpatient mental health evaluation or
treatment if the person in charge of the mental health facility or a
designee and a licensed mental health professional determines the
child to be clinically eligible for such admission.
1. A child may be eligible for admission for inpatient evaluation
when, after a prescreening examination, a licensed mental health
professional determines and states in writing that there is reasonable
cause to believe that the child may be in need of mental health
treatment and that such evaluation is necessary to properly determine
the condition of the child and the mental health treatment needs of
the child, if any.
2. A child may be eligible for inpatient mental health treatment when,
after an outpatient or inpatient mental health evaluation, a licensed
mental health professional determines and states in writing that in
his or her professional opinion the child is a child in need of mental
health treatment and:
a. the child appears to have a mental illness serious enough to
warrant inpatient treatment and is reasonably likely to benefit from
the treatment, and
b. based upon the following, inpatient treatment is determined to be
the least restrictive alternative that meets the needs of the child:
(1) reasonable efforts have been made to provide for the mental health
treatment needs of the child through the provision of less restrictive
alternatives and such alternatives have failed to meet the treatment
needs of the child, or
(2) after a thorough consideration of less restrictive alternatives to
inpatient treatment, the condition of the child is such that less
restrictive alternatives are unlikely to meet the mental health
treatment needs of the child, and
c. the child has been provided with a clinically appropriate
explanation of the nature and purpose of the treatment, and
d. if the child is sixteen (16) years of age or older, the child has
been provided with an explanation of the child's rights under this act
as they would apply if the child were to object to admission, and the
child has consented to admission.
3. If admission or transfer from a private mental health facility to a
state-operated mental health facility is sought, the community mental
health center serving the area in which the child resides shall
provide the mental health evaluation required by this section and
shall ensure that the necessary written findings have been made before
approving the admission.
4. A copy of the written findings of the evaluation required by this
section shall be provided to the consenting parent and the parent
shall have the opportunity to discuss the findings with the person
conducting the evaluation.
C. The determinations and written statements of a licensed mental
health professional made pursuant to this section shall, upon the
admission of the child for inpatient evaluation or treatment, be made
a part of the medical record of the child.
D. Inpatient treatment of a child admitted under this section may not
exceed ninety (90) consecutive days unless continued inpatient
treatment has been authorized by appropriate hospital medical
personnel, based upon their written findings that the criteria set
forth in subsection B of this section continue to be met, after such
persons have examined the child and interviewed the consenting parent
and reviewed reports submitted by members of the facility staff
familiar with the child's condition.
E. Any child admitted under this section while younger than sixteen
(16) years of age and the child's consenting parent shall be informed
orally and in writing by the director of the facility for inpatient
treatment within five (5) days prior to the child's sixteenth birthday
that continued voluntary treatment under the authority of this section
requires the child's consent.
F. 1. If the parent who consented to a child's admission under this
section revokes such consent at any time, or if a child sixteen (16)
or older objects at any time to further treatment, the child shall be
discharged within forty-eight (48) hours to the custody of such
consenting parent, unless the parent of the child refusing or revoking
such consent or, when the parent revokes such consent, the facility,
requests 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 in accordance with the provisions of subsection B
of Section 5-506 of this title.
2. In such cases, the child may be detained up to three (3) days,
excluding weekends and legal holidays, pending the filing of the
petition and if a petition is filed, the child may be detained in the
mental health facility only upon an order of the court pending hearing
on the petition and further order of the court.
G. Nothing in this section shall be interpreted to prohibit or
preclude an emergency admission of a child to a mental health facility
when the condition of the child warrants such admission. Whenever the
admission of a child who has been admitted to a mental health facility
as an emergency patient continues for longer than seventy-two (72)
hours for the purpose of continued inpatient evaluation or treatment
the provisions of subsection B of this section shall apply.
[Previous] [Next]