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§43A-5-506.
§43A-5-506.
A. Upon the application of a parent with whom the child resides, a
child sixteen (16) years of age or older who objects to admission may
be admitted to a mental health facility willing to admit the child for
up to three (3) days, excluding weekends and legal holidays. If
admission or transfer from a private mental health facility to a
state-operated facility is sought, the community mental health center
serving the area in which the child resides shall provide the required
mental health evaluations and reports and shall ensure that the
necessary written findings have been made.
B. 1. A child admitted pursuant to this section or detained as
provided by Section 5-505 of this title shall be evaluated within
forty-eight (48) hours of admission or detention by an independent
licensed mental health professional and a report of the evaluation
shall be submitted to the district attorney.
2. Upon admission of a child pursuant to this section or detention
pursuant to Section 5-505 of this title, the person requesting the
petition shall immediately notify the district attorney. The child may
be held by the mental health facility longer than three (3) days,
excluding weekends and legal holidays, only after a petition is filed
and upon an order of the court pending a hearing on a petition
alleging the child to be a child in need of mental health treatment
and to require inpatient treatment and further order of the court.
C. A child admitted under this section who rescinds an objection may
be retained in the hospital pursuant to Section 5-505 of this title.
D. If the parent who consented to a child's admission under this
section revokes such consent at any time, the child shall be released
within forty-eight (48) hours to the parent's custody unless the
person in charge of the facility, or a designee, requests the filing
of a petition as provided by subsection C of Section 5-503 of this
title.
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