[Previous] [Next]
§43A-5-508.
§43A-5-508.
A. The report of an independent licensed mental health professional
prepared pursuant to Section 5-506 or 5-507 of this title shall
include written findings as to whether:
1. The child appears to have demonstrable mental illness and as a
result of that mental illness can be expected within the near future
to inflict or attempt to inflict serious bodily harm to himself or
herself or another person if mental health services are not provided,
has engaged in one or more recent overt acts or made significant
recent threats which substantially support that expectation, and is
reasonably likely to benefit from mental health treatment; and
2. Based upon the following, inpatient treatment is the least
restrictive alternative that meets the needs of the child:
a. 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
b. 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
3. The child has been provided with a clinically appropriate
explanation of the nature and purpose of the treatment; and
4. If the child is sixteen (16) years of age or older and was admitted
to or detained in a mental health facility pursuant to Section 5-506
of this title, the child has been provided with an explanation of the
rights of the child pursuant to the Inpatient Mental Health Treatment
of Children Act as they would apply if the child were to object to
admission, and the child has objected to admission.
B. Any report of a mental health evaluation of a child alleged to be a
child in need of mental health treatment that recommends that the
child be found to be eligible for inpatient mental health treatment
shall be signed by the independent licensed mental health professional
examining the child.
C. The report of a mental health evaluation of a child pursuant to
Section 5-506 or 5-507 of this title shall be submitted to the
district attorney.
D. The parents, all public agencies, and all providers or programs
which have treated or are treating the child shall cooperate with the
person conducting a mental health evaluation for the purpose of
providing a report to a district attorney or to a district court and
shall promptly deliver, as otherwise provided by law, all records
related to the treatment or education of the child.
[Previous] [Next]