[Previous] [Next]

§43A-5-512.


§43A-5-512.
   
   A. At the hearing the court shall determine whether by clear and
   convincing evidence:
   
   1. The child has a 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 another person if
   mental health services are not provided and has engaged in one or more
   recent overt acts or made significant recent threats which
   substantially support that expectation; and
   
   2. The child is in need of the inpatient mental health treatment
   proposed in the individualized treatment plan and is likely to benefit
   from such treatment.
   
   B. After a hearing, the court shall order the child to receive the
   least restrictive mental health care and treatment appropriate for the
   treatment needs of the child until such time as the care and treatment
   are no longer necessary.
   
   C. The court shall not commit a child to a mental health facility for
   inpatient treatment unless the court determines:
   
   1. The child has a 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 another person if
   mental health services are not provided and has engaged in one or more
   recent overt acts or made significant recent threats which
   substantially support that expectation; or
   
   2. That all reasonable efforts have been made to provide for the
   mental health treatment needs of the child through the provision of
   less restrictive alternatives to inpatient treatment and that such
   alternatives have failed to meet the treatment needs of the child; or
   
   3. After a thorough consideration of less restrictive alternatives to
   inpatient treatment, that the condition of the child is such that less
   restrictive alternatives are unlikely to meet the mental health
   treatment needs of the child; and
   
   4. There are no comparably effective mental health services available
   to the child that are less physically intrusive or restrictive.
   
   D. Whenever, after a hearing, the court finds that the child:
   
   1. Is not a child in need of mental health treatment the court shall
   dismiss the case; or
   
   2. Is a child in need of mental health treatment but does not require
   inpatient treatment, the court may order mental health treatment or
   services through a less restrictive alternative to inpatient mental
   health treatment and, upon a finding that it is in the best interests
   of the child, the court may order the parents or other adult persons
   living in the home of the child to comply with reasonable conditions
   relating to the treatment of the child.
   
   E. Whenever, after a hearing, the court finds that the child is a
   child in need of mental health treatment and requires inpatient
   treatment in a mental health facility, the court shall order the
   commitment of the child to a mental health facility for not more than
   thirty (30) days, and:
   
   1. When the child is in the custody of a parent or legal guardian,
   order the parent or legal guardian to make arrangements for the
   admission of the child to a public or private mental health facility
   appropriate for the inpatient care and treatment of children which is
   willing to admit the child for treatment; and
   
   2. When the child is in the custody of the Department of Human
   Services or the Office of Juvenile Affairs, order the Department or
   Office, as applicable, to make arrangements for the placement of the
   child in a public or private mental health facility appropriate for
   the inpatient treatment needs of the child.
   
   F. Whenever the court commits a child to a mental health facility for
   inpatient treatment pursuant to this section, the court shall set the
   matter for review and shall review the matter not more than thirty
   (30) days from the date of commitment and shall continue to review the
   matter at intervals of not more than thirty (30) days until the child
   is discharged from inpatient mental health treatment. After the review
   and a determination by the court that the child continues to meet the
   criteria for inpatient treatment, the court may extend the commitment
   order for up to thirty (30) days and set the matter for review as
   required by this subsection.
   

[Previous] [Next]