2005 Legislation
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SENATE BILL NO. 1164 – Children’s mental health, placement

SENATE BILL NO. 1164

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S1164aa,aaH..........................................by JUDICIARY AND RULES
CHILDREN'S MENTAL HEALTH - Amends existing law relating to children's
mental health services to reference involuntary treatment orders of the
court; to revise provisions applicable to conversion from involuntary to
voluntary status; to provide that certain decisions regarding placement and
services shall be consistent with the plan of treatment approved by the
court; to provide that at least one designated examiner shall be a
psychiatrist, licensed physician or licensed psychologist; to revise the
criteria applicable for involuntary treatment orders; to provide that
certain authority and decisions of the Department of Health and Welfare
shall be consistent with the plan of treatment approved by the court; and
to provide for the administration of necessary medications or other
treatments under certain conditions during a period of involuntary
treatment.
                                                                        
02/28    Senate intro - 1st rdg - to printing
03/01    Rpt prt - to Jud
03/08    Rpt out - to 14th Ord
03/14    Rpt out amen - to engros
03/15    Rpt engros - 1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/17    3rd rdg as amen - PASSED - 33-0-1, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- McGee, (District 21 seat vacant)
    Floor Sponsors - Darrington & Burkett
    Title apvd - to House
03/18    House intro - 1st rdg - to Jud
03/22    Rpt out - to Gen Ord
03/23    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/28    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 67-1-2
      AYES -- Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao,
      Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24)(Frost), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- McKague
      Absent and excused -- Anderson, Andrus
    Floor Sponsor - LeFavour
    Title apvd - to Senate
03/29    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Darrington
    Title apvd - to enrol
    Rpt enrol - Pres signed
03/31    Sp signed - To Governor
04/06    Governor signed
         Session Law Chapter 307
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1164
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHILDREN'S MENTAL HEALTH SERVICES; AMENDING SECTION 16-2406, IDAHO
  3        CODE, TO REFERENCE INVOLUNTARY TREATMENT ORDERS OF THE COURT AND TO MAKE A
  4        TECHNICAL CORRECTION; AMENDING SECTION 16-2409, IDAHO CODE, TO REVISE PRO-
  5        VISIONS APPLICABLE TO CONVERSION FROM  INVOLUNTARY  TO  VOLUNTARY  STATUS;
  6        AMENDING  SECTION  16-2415,  IDAHO CODE, TO PROVIDE THAT CERTAIN DECISIONS
  7        REGARDING  PLACEMENT  AND  SERVICES   SHALL   BE   CONSISTENT   WITH   THE
  8        INDIVIDUALIZED  TREATMENT  PLAN  APPROVED  BY  THE COURT; AMENDING SECTION
  9        16-2416, IDAHO CODE, TO PROVIDE THAT  AT  LEAST  ONE  DESIGNATED  EXAMINER
 10        SHALL  BE  A  PSYCHIATRIST,  LICENSED  PHYSICIAN OR LICENSED PSYCHOLOGIST;
 11        AMENDING SECTION 16-2418, IDAHO CODE, TO REVISE  THE  CRITERIA  APPLICABLE
 12        FOR  INVOLUNTARY  TREATMENT ORDERS AND TO MAKE TECHNICAL CHANGES; AMENDING
 13        SECTION 16-2419, IDAHO CODE, TO PROVIDE THAT CERTAIN AUTHORITY  AND  DECI-
 14        SIONS OF THE DEPARTMENT OF HEALTH AND WELFARE SHALL BE CONSISTENT WITH THE
 15        INDIVIDUALIZED  TREATMENT  PLAN  APPROVED  BY  THE COURT; AMENDING SECTION
 16        16-2423, IDAHO CODE,  TO  PROVIDE  FOR  THE  ADMINISTRATION  OF  NECESSARY
 17        MEDICATIONS  OR  OTHER TREATMENTS UNDER CERTAIN CONDITIONS DURING A PERIOD
 18        OF INVOLUNTARY TREATMENT; AND AMENDING CHAPTER 24, TITLE 16,  IDAHO  CODE,
 19        BY  THE ADDITION OF A NEW SECTION 16-2435, IDAHO CODE, TO PROVIDE FOR MEN-
 20        TAL HEALTH TREATMENT HEARINGS AND ORDERS.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION 1.  That Section 16-2406, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        16-2406.  ACCESS TO SERVICES. Access to services for children with serious
 25    emotional  disturbance and their families shall be voluntary whenever informed
 26    consent  can  be  obtained.  Involuntary  treatment  or  commitment   to   the
 27    department's  custody shall not be required as a condition for obtaining, pro-
 28    viding, or paying for treatment by the department. The department's assistance
 29    with paying for a child's treatment and other services under this act  chapter
 30    shall be based upon the rules adopted by the department and by the sliding fee
 31    scale developed under section 16-2433, Idaho Code. Department payments to ser-
 32    vice  providers  are  only  made  pursuant  to a written agreement between the
 33    department and the service provider. The agreement must reflect cost-effective
 34    services for the child.
 35        (1)  The family and the department may enter into a services agreement if:
 36        (a)  The child meets the department's eligibility criteria  for  treatment
 37        or services; and
 38        (b)  The  child  and  his  parents request mental health services from the
 39        department; or
 40        (c)  The family requests full or  partial  payment  for  services  by  the
 41        department  (other  than  payment through medical assistance, title XIX of
 42        the social security act, as amended); or
 43        (d)  The youth is involuntarily placed by the department under this  chap-
                                                                        
                                           2
                                                                        
  1        ter.
  2        (2)  For  purposes  of  this  chapter,  a  services agreement is a written
  3    agreement, binding on the parties, which specifies at a minimum:
  4        (a)  The legal status of the child; and
  5        (b)  The rights and obligations of the parents or guardians, the child and
  6        the department while the child is in the out-of-home placement.
  7        (3)  When a child is placed out of his home pursuant to a services  agree-
  8    ment  or  a  one  hundred  twenty (120) day involuntary treatment order by the
  9    court, the department shall have the responsibility for the child's  placement
 10    and care. The financial obligation of the family will be determined after con-
 11    sideration of all available payment and funding sources including title XIX of
 12    the  social  security act, as amended, all available third party sources,  and
 13    parent resources according to any order for child support  under  chapter  10,
 14    title 32, Idaho Code. Services shall not be conditioned on transfer of custody
 15    or parental rights.
                                                                        
 16        SECTION  2.  That  Section 16-2409, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        16-2409.  CONVERSION FROM INVOLUNTARY TO  VOLUNTARY  STATUS.  A  (1)  Upon
 19    approval  by  the court, a child who is subject to involuntary hospitalization
 20    treatment under this chapter may at any time convert to a voluntary status  if
 21    informed consent to treatment can be obtained from his parent or guardian.
 22        (2)  The court shall approve conversion from involuntary to voluntary sta-
 23    tus if the court finds on the basis of clear and convincing evidence that:
 24        (a)  The  child  is not likely to cause harm to himself or suffer substan-
 25        tial mental or physical deterioration; and
 26        (b)  The child is not likely to cause harm to others.
                                                                        
 27        SECTION 3.  That Section 16-2415, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        16-2415.  DISPOSITIONAL  AUTHORITY. (1) Whenever the involuntary treatment
 30    of the child requires payment from public funds, other  than  medicaid  funds,
 31    the  department, or other funding agency shall have the authority to determine
 32    the placement for the child and to make decisions concerning the purchase  and
 33    provision of mental health services, consistent with the individualized treat-
 34    ment plan approved by the court.
 35        (2)  When  the  cost  of  the  child's  treatment can be paid from private
 36    sources or by medicaid, the parent shall have the authority to  determine  the
 37    child's  placement  and services, consistent with the individualized treatment
 38    plan approved by the court.
 39        (3)  All expenditures under the medicaid program shall be governed by  the
 40    laws and rules applicable to that program.
 41        (4)  The department shall issue a disposition order within two (2) days of
 42    the order for involuntary treatment.
                                                                        
 43        SECTION  4.  That  Section 16-2416, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        16-2416.  ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER. (1) Children
 46    may be treated involuntarily for a period of up to one  hundred  twenty  (120)
 47    days  upon a petition filed by the treatment facility or by the parent, guard-
 48    ian, prosecuting attorney or other interested party. The  petition  shall  set
 49    forth the facts supporting the allegations and, in the case of petitions filed
                                                                        
                                           3
                                                                        
  1    by  a  treatment  facility, shall describe why the child requires treatment, a
  2    detailed description of the symptoms or behaviors of the  child  that  support
  3    the allegations in the petition, a list of the names and addresses of any wit-
  4    nesses  the  petitioner  intends to call at the involuntary treatment hearing.
  5    The petition shall also contain a statement of the alternatives  to  court-or-
  6    dered  involuntary  treatment  that  have  been considered and the reasons for
  7    rejecting the alternatives. The petition shall be filed  with  the  court  and
  8    copies  shall  be  served upon  the person and upon a parent, the next of kin,
  9    guardian or custodian and the person's attorney. The copies  of  the  petition
 10    shall be accompanied by a notice advising of the child's rights concerning the
 11    proceeding.
 12        (2)  Upon filing of a petition for involuntary treatment of a child who is
 13    not  currently  under  emergency  evaluation or voluntary admission, the court
 14    shall issue a summons to the child to submit to an examination by two (2) des-
 15    ignated examiners. At least one (1) designated examiner shall  be  a  psychia-
 16    trist,  licensed  physician or licensed psychologist. Each designated examiner
 17    shall promptly prepare a report on his examination and file it with the court.
 18    Copies shall be promptly served upon the child,  parent,  custodian,  guardian
 19    and the child's attorney.
                                                                        
 20        SECTION  5.  That  Section 16-2418, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        16-2418.  CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
 23    (1) A child may be treated involuntarily, and placed at a facility,  according
 24    to  the disposition of the department under section 16-2415, Idaho Code, for a
 25    period of up to one hundred twenty (120) days if, after the  hearing  provided
 26    in section 16-2417, Idaho Code, the court determines on the basis of clear and
 27    convincing evidence that:
 28        (1a)  The child is suffering from severe emotional disturbance; and
 29        (2b)  There  is  reasonable  prospect  that  his illness is treatable by a
 30        facility or program operated by the department or other facility available
 31        to the department for treatment of children with serious emotional distur-
 32        bance; and
 33        (3)  A child's parent or guardian refuses or is unable to consent; and
 34        (4c)  As the result of serious emotional disturbance, the child is:
 35             (ai)   lLikely to cause harm to himself or suffer substantial  mental
 36             or physical deterioration,; or
 37             (bii)  lLikely to cause harm to others.; and
 38        (52)  There is Within seven (7) days after entry of the order for involun-
 39    tary  commitment,  the  department  of  health  and  welfare  shall develop an
 40    individualized plan of treatment to be approved by the court which includes:
 41        (a)  aA proposed placement and projections for aftercare  upon  completion
 42        of treatment,;
 43        (b)  sSpecific  behavioral goals by which the success of the treatment can
 44        be measured,; and
 45        (c)  eEvidence of attempts to involve the patient and the patient's family
 46        in the development of the plan. has been presented to  the  court  by  the
 47        department or the petitioner; and
 48        (63)  The  plan  for involuntary treatment is shall be consistent with the
 49    least restrictive alternative principle.
 50        (4)  The court may conduct a review hearing at any time to monitor compli-
 51    ance and to make any significant adjustment from the individualized  treatment
 52    plan during the period of involuntary commitment.
                                                                        
                                           4
                                                                        
  1        SECTION  6.  That  Section 16-2419, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        16-2419.  EFFECT OF INVOLUNTARY TREATMENT ORDERS ON  PARENTAL  RIGHTS  AND
  4    CUSTODY.  If an order for involuntary treatment is issued, the parents, guard-
  5    ian or custodian of the child will retain all parental rights, including legal
  6    custody of the child, or the orders for involuntary treatment and disposition.
  7    The department of health and welfare shall acquire  physical  custody  of  the
  8    child  and  the  right to determine the disposition and placement of the child
  9    whenever the placement requires the expenditure of public funds as provided in
 10    section 16-2415, Idaho Code, consistent with the individualized treatment plan
 11    approved by the court.
                                                                        
 12        SECTION 7.  That Section 16-2423, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        16-2423.  INFORMED  CONSENT  TO  MEDICATION  OR OTHER TREATMENT -- PERSONS
 15    SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT. (1) During an emergency evalua-
 16    tion under section 16-2413, Idaho Code, or  during  a  period  of  involuntary
 17    treatment  ordered  under  section 16-2418, Idaho Code, the treatment facility
 18    may  administer  necessary  medications  or  other  treatments,   except   for
 19    electroconvulsive  treatments,  to a child, consistent with good medical prac-
 20    tice without the informed consent of  the parent of the child, if  it  is  not
 21    possible to obtain such consent.
 22        (2)  Notwithstanding  subsection (1) of this section, a treatment facility
 23    shall not administer experimental  treatment  or  any  other  special  therapy
 24    except as provided by law or in rules promulgated by the department.
 25        (3)  No psychosurgery or electroconvulsive treatment shall be performed on
 26    a  child, except by order of a court upon a finding that the treatment is nec-
 27    essary to prevent serious harm to the child.  Consent of the parent of a child
 28    to  this  treatment  without a court order shall be invalid and shall not be a
 29    defense against any legal action that might be brought against the provider of
 30    the treatment.
 31        (4)  Consent for other medical/surgical treatments not intended  primarily
 32    to  treat  a child's serious emotional disturbance shall be obtained in accor-
 33    dance with the applicable law.
                                                                        
 34        SECTION 8.  That Chapter 24, Title 16, Idaho Code, be,  and  the  same  is
 35    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 36    ignated as Section 16-2435, Idaho Code, and to read as follows:
                                                                        
 37        16-2435.  MENTAL HEALTH TREATMENT HEARING --  ORDER.  Notwithstanding  any
 38    other  provision  of  law, any interested person or entity may file a petition
 39    pursuant to this section with the clerk of the district court  seeking  volun-
 40    tary  or  involuntary  treatment  of  any child alleged to be suffering from a
 41    serious emotional disorder. The assigned magistrate shall hold  a  hearing  on
 42    such  petition as soon as reasonably practicable. If at the hearing the magis-
 43    trate finds that the child is suffering from a serious emotional disorder  and
 44    that  a  need  exists for mental health treatment of the child, the magistrate
 45    shall order the appropriate mental health treatment with the cost to be  borne
 46    by  the  parent, guardian or other person liable for providing necessities for
 47    such child. If no person has the ability to pay such costs, the costs shall be
 48    borne by any governmental entity ordered to pay for such mental health care by
 49    the magistrate.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    LeFavour            
                                                                        
                                                     Seconded by Nielsen             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO S.B. NO. 1164, As Amended
                                                                        
  1                               AMENDMENTS TO SECTION 5
  2        On page 3 of the engrossed bill, in line  27,  delete  "and"  and  insert:
  3    "and"; delete line 32 and insert:
  4        "(3c)  A  child's  parent or guardian refuses or is unable to consent ade-
  5        quately provide for  the  treatment  of  the  child  consistent  with  the
  6        requirements of public safety; and";
  7    and in line 33, delete "(4c)" and insert: "(4d)".
                                                                        
                                          2
                                                                        
                                                     Moved by    Darrington          
                                                                        
                                                     Seconded by Burkett             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1164
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the printed bill, delete lines 18 through 26 and insert:
  3        "16-2409.  CONVERSION   FROM  INVOLUNTARY  TO  VOLUNTARY  STATUS.  A  Upon
  4    approval by the court, a child who is subject to  involuntary  hospitalization
  5    treatment  under this chapter may at any time convert to a voluntary status if
  6    informed consent to treatment can be obtained from his parent or guardian. The
  7    court shall approve conversion from involuntary to  voluntary  status  if  the
  8    court finds that:
  9        (1)  (a) The  child  is not likely to cause harm to himself or suffer sub-
 10        stantial mental or physical deterioration; and
 11        (b)  The child is not likely to cause harm to others; or
 12        (2)  The conversion from involuntary to voluntary status is  in  the  best
 13    interests  of  the  child  and  consistent  with  the  requirements  of public
 14    safety.".
                                                                        
 15                               AMENDMENTS TO SECTION 3
 16        On page 2, in line 33, delete "individualized treat-"; in line 34,  delete
 17    "ment   plan"   and   insert:   "plan   of  treatment";  in  line  37,  delete
 18    "individualized treatment"; and in  line  38,  following  "plan"  insert:  "of
 19    treatment".
                                                                        
 20                               AMENDMENTS TO SECTION 5
 21        On  page  3,  in line 39, delete "an" and insert: "an"; in line 40, delete
 22    "individualized" and insert: "individualized"; in line 48, delete "for  invol-
 23    untary"  and  insert: "for involuntary of"; in line 51, delete "individualized
 24    treatment"; and in line 52, following "plan" insert: "of treatment".
                                                                        
 25                                AMENDMENT TO SECTION 6
 26        On page 4, in line 10, delete "individualized treatment plan" and  insert:
 27    "plan of treatment".
                                                                        
 28                                AMENDMENT TO THE BILL
 29        On page 4, delete lines 34 through 49.
                                                                        
 30                                 CORRECTIONS TO TITLE
 31        On  page  1, in line 8, delete "INDIVIDUALIZED TREATMENT PLAN" and insert:
 32    "PLAN OF TREATMENT"; in line 12, following "ORDERS" insert: ", TO REVISE  TER-
 33    MINOLOGY";  in  line  15,  delete  "INDIVIDUALIZED TREATMENT PLAN" and insert:
 34    "PLAN OF TREATMENT"; and delete lines 18 through 20 and insert:  "OF  INVOLUN-
 35    TARY TREATMENT.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                 SENATE BILL NO. 1164, As Amended, As Amended in the House
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHILDREN'S MENTAL HEALTH SERVICES; AMENDING SECTION 16-2406, IDAHO
  3        CODE, TO REFERENCE INVOLUNTARY TREATMENT ORDERS OF THE COURT AND TO MAKE A
  4        TECHNICAL CORRECTION; AMENDING SECTION 16-2409, IDAHO CODE, TO REVISE PRO-
  5        VISIONS APPLICABLE TO CONVERSION FROM  INVOLUNTARY  TO  VOLUNTARY  STATUS;
  6        AMENDING  SECTION  16-2415,  IDAHO CODE, TO PROVIDE THAT CERTAIN DECISIONS
  7        REGARDING PLACEMENT AND SERVICES SHALL BE  CONSISTENT  WITH  THE  PLAN  OF
  8        TREATMENT  APPROVED BY THE COURT; AMENDING SECTION 16-2416, IDAHO CODE, TO
  9        PROVIDE THAT AT LEAST ONE DESIGNATED EXAMINER  SHALL  BE  A  PSYCHIATRIST,
 10        LICENSED  PHYSICIAN  OR  LICENSED  PSYCHOLOGIST; AMENDING SECTION 16-2418,
 11        IDAHO CODE, TO REVISE THE CRITERIA APPLICABLE  FOR  INVOLUNTARY  TREATMENT
 12        ORDERS, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CHANGES; AMENDING SEC-
 13        TION  16-2419, IDAHO CODE, TO PROVIDE THAT CERTAIN AUTHORITY AND DECISIONS
 14        OF THE DEPARTMENT OF HEALTH AND WELFARE SHALL BE CONSISTENT WITH THE  PLAN
 15        OF  TREATMENT APPROVED BY THE COURT; AMENDING SECTION 16-2423, IDAHO CODE,
 16        TO PROVIDE FOR THE ADMINISTRATION OF NECESSARY MEDICATIONS OR OTHER TREAT-
 17        MENTS UNDER CERTAIN CONDITIONS DURING A PERIOD OF INVOLUNTARY TREATMENT.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  That Section 16-2406, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        16-2406.  ACCESS TO SERVICES. Access to services for children with serious
 22    emotional  disturbance and their families shall be voluntary whenever informed
 23    consent  can  be  obtained.  Involuntary  treatment  or  commitment   to   the
 24    department's  custody shall not be required as a condition for obtaining, pro-
 25    viding, or paying for treatment by the department. The department's assistance
 26    with paying for a child's treatment and other services under this act  chapter
 27    shall be based upon the rules adopted by the department and by the sliding fee
 28    scale developed under section 16-2433, Idaho Code. Department payments to ser-
 29    vice  providers  are  only  made  pursuant  to a written agreement between the
 30    department and the service provider. The agreement must reflect cost-effective
 31    services for the child.
 32        (1)  The family and the department may enter into a services agreement if:
 33        (a)  The child meets the department's eligibility criteria  for  treatment
 34        or services; and
 35        (b)  The  child  and  his  parents request mental health services from the
 36        department; or
 37        (c)  The family requests full or  partial  payment  for  services  by  the
 38        department  (other  than  payment through medical assistance, title XIX of
 39        the social security act, as amended); or
 40        (d)  The youth is involuntarily placed by the department under this  chap-
 41        ter.
 42        (2)  For  purposes  of  this  chapter,  a  services agreement is a written
 43    agreement, binding on the parties, which specifies at a minimum:
                                                                        
                                           2
                                                                        
  1        (a)  The legal status of the child; and
  2        (b)  The rights and obligations of the parents or guardians, the child and
  3        the department while the child is in the out-of-home placement.
  4        (3)  When a child is placed out of his home pursuant to a services  agree-
  5    ment  or  a  one  hundred  twenty (120) day involuntary treatment order by the
  6    court, the department shall have the responsibility for the child's  placement
  7    and care. The financial obligation of the family will be determined after con-
  8    sideration of all available payment and funding sources including title XIX of
  9    the  social  security  act, as amended, all available third party sources, and
 10    parent resources according to any order for child support  under  chapter  10,
 11    title 32, Idaho Code. Services shall not be conditioned on transfer of custody
 12    or parental rights.
                                                                        
 13        SECTION  2.  That  Section 16-2409, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        16-2409.  CONVERSION FROM INVOLUNTARY TO VOLUNTARY STATUS. A Upon approval
 16    by the court, a child who is subject to involuntary hospitalization  treatment
 17    under  this  chapter may at any time convert to a voluntary status if informed
 18    consent to treatment can be obtained from his parent or  guardian.  The  court
 19    shall  approve  conversion  from  involuntary to voluntary status if the court
 20    finds that:
 21        (1)  (a) The child is not likely to cause harm to himself or  suffer  sub-
 22        stantial mental or physical deterioration; and
 23        (b)  The child is not likely to cause harm to others; or
 24        (2)  The  conversion  from  involuntary to voluntary status is in the best
 25    interests of the child and consistent with the requirements of public safety.
                                                                        
 26        SECTION 3.  That Section 16-2415, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        16-2415.  DISPOSITIONAL  AUTHORITY. (1) Whenever the involuntary treatment
 29    of the child requires payment from public funds, other  than  medicaid  funds,
 30    the  department, or other funding agency shall have the authority to determine
 31    the placement for the child and to make decisions concerning the purchase  and
 32    provision  of  mental  health  services, consistent with the plan of treatment
 33    approved by the court.
 34        (2)  When the cost of the child's  treatment  can  be  paid  from  private
 35    sources  or  by medicaid, the parent shall have the authority to determine the
 36    child's placement and services, consistent with the plan of treatment approved
 37    by the court.
 38        (3)  All expenditures under the medicaid program shall be governed by  the
 39    laws and rules applicable to that program.
 40        (4)  The department shall issue a disposition order within two (2) days of
 41    the order for involuntary treatment.
                                                                        
 42        SECTION  4.  That  Section 16-2416, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        16-2416.  ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER. (1) Children
 45    may be treated involuntarily for a period of up to one  hundred  twenty  (120)
 46    days  upon a petition filed by the treatment facility or by the parent, guard-
 47    ian, prosecuting attorney or other interested party. The  petition  shall  set
 48    forth the facts supporting the allegations and, in the case of petitions filed
 49    by  a  treatment  facility, shall describe why the child requires treatment, a
                                                                        
                                           3
                                                                        
  1    detailed description of the symptoms or behaviors of the  child  that  support
  2    the allegations in the petition, a list of the names and addresses of any wit-
  3    nesses  the  petitioner  intends to call at the involuntary treatment hearing.
  4    The petition shall also contain a statement of the alternatives  to  court-or-
  5    dered  involuntary  treatment  that  have  been considered and the reasons for
  6    rejecting the alternatives. The petition shall be filed  with  the  court  and
  7    copies  shall  be  served upon  the person and upon a parent, the next of kin,
  8    guardian or custodian and the person's attorney. The copies  of  the  petition
  9    shall be accompanied by a notice advising of the child's rights concerning the
 10    proceeding.
 11        (2)  Upon filing of a petition for involuntary treatment of a child who is
 12    not  currently  under  emergency  evaluation or voluntary admission, the court
 13    shall issue a summons to the child to submit to an examination by two (2) des-
 14    ignated examiners. At least one (1) designated examiner shall  be  a  psychia-
 15    trist,  licensed  physician or licensed psychologist. Each designated examiner
 16    shall promptly prepare a report on his examination and file it with the court.
 17    Copies shall be promptly served upon the child,  parent,  custodian,  guardian
 18    and the child's attorney.
                                                                        
 19        SECTION  5.  That  Section 16-2418, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        16-2418.  CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
 22    (1) A child may be treated involuntarily, and placed at a facility,  according
 23    to  the disposition of the department under section 16-2415, Idaho Code, for a
 24    period of up to one hundred twenty (120) days if, after the  hearing  provided
 25    in section 16-2417, Idaho Code, the court determines on the basis of clear and
 26    convincing evidence that:
 27        (1a)  The child is suffering from severe emotional disturbance;  and
 28        (2b)  There  is  reasonable  prospect  that  his illness is treatable by a
 29        facility or program operated by the department or other facility available
 30        to the department for treatment of children with serious emotional distur-
 31        bance; and
 32        (3c)  A child's parent or guardian refuses or is unable  to  consent  ade-
 33    quately  provide  for  the treatment of the child consistent with the require-
 34    ments of public safety; and
 35        (4d)  As the result of serious emotional disturbance, the child is:
 36             (ai)   lLikely to cause harm to himself or suffer substantial  mental
 37             or physical deterioration,; or
 38             (bii)  lLikely to cause harm to others.; and
 39        (52)  There is Within seven (7) days after entry of the order for involun-
 40    tary  commitment,  the  department  of  health  and  welfare  shall develop an
 41    individualized plan of treatment to be approved by the court which includes:
 42        (a)  aA proposed placement and projections for aftercare  upon  completion
 43        of treatment,;
 44        (b)  sSpecific  behavioral goals by which the success of the treatment can
 45        be measured,; and
 46        (c)  eEvidence of attempts to involve the patient and the patient's family
 47        in the development of the plan. has been presented to  the  court  by  the
 48        department or the petitioner; and
 49        (63)  The  plan  for  involuntary of treatment is shall be consistent with
 50    the least restrictive alternative principle.
 51        (4)  The court may conduct a review hearing at any time to monitor compli-
 52    ance and to make any significant adjustment from the plan of treatment  during
 53    the period of involuntary commitment.
                                                                        
                                           4
                                                                        
  1        SECTION  6.  That  Section 16-2419, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        16-2419.  EFFECT OF INVOLUNTARY TREATMENT ORDERS ON  PARENTAL  RIGHTS  AND
  4    CUSTODY.  If an order for involuntary treatment is issued, the parents, guard-
  5    ian or custodian of the child will retain all parental rights, including legal
  6    custody of the child, or the orders for involuntary treatment and disposition.
  7    The department of health and welfare shall acquire  physical  custody  of  the
  8    child  and  the  right to determine the disposition and placement of the child
  9    whenever the placement requires the expenditure of public funds as provided in
 10    section 16-2415, Idaho Code, consistent with the plan of treatment approved by
 11    the court.
                                                                        
 12        SECTION 7.  That Section 16-2423, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        16-2423.  INFORMED  CONSENT  TO  MEDICATION  OR OTHER TREATMENT -- PERSONS
 15    SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT. (1) During an emergency evalua-
 16    tion under section 16-2413, Idaho Code, or  during  a  period  of  involuntary
 17    treatment  ordered  under  section 16-2418, Idaho Code, the treatment facility
 18    may  administer  necessary  medications  or  other  treatments,   except   for
 19    electroconvulsive  treatments,  to a child, consistent with good medical prac-
 20    tice without the informed consent of  the parent of the child, if  it  is  not
 21    possible to obtain such consent.
 22        (2)  Notwithstanding  subsection (1) of this section, a treatment facility
 23    shall not administer experimental  treatment  or  any  other  special  therapy
 24    except as provided by law or in rules promulgated by the department.
 25        (3)  No psychosurgery or electroconvulsive treatment shall be performed on
 26    a  child, except by order of a court upon a finding that the treatment is nec-
 27    essary to prevent serious harm to the child.  Consent of the parent of a child
 28    to  this  treatment  without a court order shall be invalid and shall not be a
 29    defense against any legal action that might be brought against the provider of
 30    the treatment.
 31        (4)  Consent for other medical/surgical treatments not intended  primarily
 32    to  treat  a child's serious emotional disturbance shall be obtained in accor-
 33    dance with the applicable law.
                                                                        
                                           5
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1164, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHILDREN'S MENTAL HEALTH SERVICES; AMENDING SECTION 16-2406, IDAHO
  3        CODE, TO REFERENCE INVOLUNTARY TREATMENT ORDERS OF THE COURT AND TO MAKE A
  4        TECHNICAL CORRECTION; AMENDING SECTION 16-2409, IDAHO CODE, TO REVISE PRO-
  5        VISIONS APPLICABLE TO CONVERSION FROM  INVOLUNTARY  TO  VOLUNTARY  STATUS;
  6        AMENDING  SECTION  16-2415,  IDAHO CODE, TO PROVIDE THAT CERTAIN DECISIONS
  7        REGARDING PLACEMENT AND SERVICES SHALL BE  CONSISTENT  WITH  THE  PLAN  OF
  8        TREATMENT  APPROVED BY THE COURT; AMENDING SECTION 16-2416, IDAHO CODE, TO
  9        PROVIDE THAT AT LEAST ONE DESIGNATED EXAMINER  SHALL  BE  A  PSYCHIATRIST,
 10        LICENSED  PHYSICIAN  OR  LICENSED  PSYCHOLOGIST; AMENDING SECTION 16-2418,
 11        IDAHO CODE, TO REVISE THE CRITERIA APPLICABLE  FOR  INVOLUNTARY  TREATMENT
 12        ORDERS, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CHANGES; AMENDING SEC-
 13        TION  16-2419, IDAHO CODE, TO PROVIDE THAT CERTAIN AUTHORITY AND DECISIONS
 14        OF THE DEPARTMENT OF HEALTH AND WELFARE SHALL BE CONSISTENT WITH THE  PLAN
 15        OF  TREATMENT APPROVED BY THE COURT; AMENDING SECTION 16-2423, IDAHO CODE,
 16        TO PROVIDE FOR THE ADMINISTRATION OF NECESSARY MEDICATIONS OR OTHER TREAT-
 17        MENTS UNDER CERTAIN CONDITIONS DURING A PERIOD OF INVOLUNTARY TREATMENT.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 8.  That Section 16-2406, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        16-2406.  ACCESS TO SERVICES. Access to services for children with serious
 22    emotional  disturbance and their families shall be voluntary whenever informed
 23    consent  can  be  obtained.  Involuntary  treatment  or  commitment   to   the
 24    department's  custody shall not be required as a condition for obtaining, pro-
 25    viding, or paying for treatment by the department. The department's assistance
 26    with paying for a child's treatment and other services under this act  chapter
 27    shall be based upon the rules adopted by the department and by the sliding fee
 28    scale developed under section 16-2433, Idaho Code. Department payments to ser-
 29    vice  providers  are  only  made  pursuant  to a written agreement between the
 30    department and the service provider. The agreement must reflect cost-effective
 31    services for the child.
 32        (1)  The family and the department may enter into a services agreement if:
 33        (a)  The child meets the department's eligibility criteria  for  treatment
 34        or services; and
 35        (b)  The  child  and  his  parents request mental health services from the
 36        department; or
 37        (c)  The family requests full or  partial  payment  for  services  by  the
 38        department  (other  than  payment through medical assistance, title XIX of
 39        the social security act, as amended); or
 40        (d)  The youth is involuntarily placed by the department under this  chap-
 41        ter.
 42        (2)  For  purposes  of  this  chapter,  a  services agreement is a written
 43    agreement, binding on the parties, which specifies at a minimum:
 44        (a)  The legal status of the child; and
 45        (b)  The rights and obligations of the parents or guardians, the child and
 46        the department while the child is in the out-of-home placement.
                                                                        
                                           6
                                                                        
  1        (3)  When a child is placed out of his home pursuant to a services  agree-
  2    ment  or  a  one  hundred  twenty (120) day involuntary treatment order by the
  3    court, the department shall have the responsibility for the child's  placement
  4    and care. The financial obligation of the family will be determined after con-
  5    sideration of all available payment and funding sources including title XIX of
  6    the  social  security  act, as amended, all available third party sources, and
  7    parent resources according to any order for child support  under  chapter  10,
  8    title 32, Idaho Code. Services shall not be conditioned on transfer of custody
  9    or parental rights.
                                                                        
 10        SECTION  9.  That  Section 16-2409, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        16-2409.  CONVERSION FROM INVOLUNTARY TO VOLUNTARY STATUS. A Upon approval
 13    by the court, a child who is subject to involuntary hospitalization  treatment
 14    under  this  chapter may at any time convert to a voluntary status if informed
 15    consent to treatment can be obtained from his parent or  guardian.  The  court
 16    shall  approve  conversion  from  involuntary to voluntary status if the court
 17    finds that:
 18        (1)  (a) The child is not likely to cause harm to himself or  suffer  sub-
 19        stantial mental or physical deterioration; and
 20        (b)  The child is not likely to cause harm to others; or
 21        (2)  The  conversion  from  involuntary to voluntary status is in the best
 22    interests of the child and consistent with the requirements of public safety.
                                                                        
 23        SECTION 10.  That Section 16-2415, Idaho Code, be, and the same is  hereby
 24    amended to read as follows:
                                                                        
 25        16-2415.  DISPOSITIONAL  AUTHORITY. (1) Whenever the involuntary treatment
 26    of the child requires payment from public funds, other  than  medicaid  funds,
 27    the  department, or other funding agency shall have the authority to determine
 28    the placement for the child and to make decisions concerning the purchase  and
 29    provision  of  mental  health  services, consistent with the plan of treatment
 30    approved by the court.
 31        (2)  When the cost of the child's  treatment  can  be  paid  from  private
 32    sources  or  by medicaid, the parent shall have the authority to determine the
 33    child's placement and services, consistent with the plan of treatment approved
 34    by the court.
 35        (3)  All expenditures under the medicaid program shall be governed by  the
 36    laws and rules applicable to that program.
 37        (4)  The department shall issue a disposition order within two (2) days of
 38    the order for involuntary treatment.
                                                                        
 39        SECTION  11.  That Section 16-2416, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        16-2416.  ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER. (1) Children
 42    may be treated involuntarily for a period of up to one  hundred  twenty  (120)
 43    days  upon a petition filed by the treatment facility or by the parent, guard-
 44    ian, prosecuting attorney or other interested party. The  petition  shall  set
 45    forth the facts supporting the allegations and, in the case of petitions filed
 46    by  a  treatment  facility, shall describe why the child requires treatment, a
 47    detailed description of the symptoms or behaviors of the  child  that  support
 48    the allegations in the petition, a list of the names and addresses of any wit-
 49    nesses  the  petitioner  intends to call at the involuntary treatment hearing.
                                                                        
                                           7
                                                                        
  1    The petition shall also contain a statement of the alternatives  to  court-or-
  2    dered  involuntary  treatment  that  have  been considered and the reasons for
  3    rejecting the alternatives. The petition shall be filed  with  the  court  and
  4    copies  shall  be  served upon  the person and upon a parent, the next of kin,
  5    guardian or custodian and the person's attorney. The copies  of  the  petition
  6    shall be accompanied by a notice advising of the child's rights concerning the
  7    proceeding.
  8        (2)  Upon filing of a petition for involuntary treatment of a child who is
  9    not  currently  under  emergency  evaluation or voluntary admission, the court
 10    shall issue a summons to the child to submit to an examination by two (2) des-
 11    ignated examiners. At least one (1) designated examiner shall  be  a  psychia-
 12    trist,  licensed  physician or licensed psychologist. Each designated examiner
 13    shall promptly prepare a report on his examination and file it with the court.
 14    Copies shall be promptly served upon the child,  parent,  custodian,  guardian
 15    and the child's attorney.
                                                                        
 16        SECTION  12.  That Section 16-2418, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        16-2418.  CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
 19    (1) A child may be treated involuntarily, and placed at a facility,  according
 20    to  the disposition of the department under section 16-2415, Idaho Code, for a
 21    period of up to one hundred twenty (120) days if, after the  hearing  provided
 22    in section 16-2417, Idaho Code, the court determines on the basis of clear and
 23    convincing evidence that:
 24        (1a)  The child is suffering from severe emotional disturbance; and
 25        (2b)  There  is  reasonable  prospect  that  his illness is treatable by a
 26        facility or program operated by the department or other facility available
 27        to the department for treatment of children with serious emotional distur-
 28        bance; and
 29        (3)  A child's parent or guardian refuses or is unable to consent; and
 30        (4c)  As the result of serious emotional disturbance, the child is:
 31             (ai)   lLikely to cause harm to himself or suffer substantial  mental
 32             or physical deterioration,; or
 33             (bii)  lLikely to cause harm to others.; and
 34        (52)  There is Within seven (7) days after entry of the order for involun-
 35    tary  commitment,  the  department  of  health  and  welfare  shall develop an
 36    individualized plan of treatment to be approved by the court which includes:
 37        (a)  aA proposed placement and projections for aftercare  upon  completion
 38        of treatment,;
 39        (b)  sSpecific  behavioral goals by which the success of the treatment can
 40        be measured,; and
 41        (c)  eEvidence of attempts to involve the patient and the patient's family
 42        in the development of the plan. has been presented to  the  court  by  the
 43        department or the petitioner; and
 44        (63)  The  plan  for  involuntary of treatment is shall be consistent with
 45    the least restrictive alternative principle.
 46        (4)  The court may conduct a review hearing at any time to monitor compli-
 47    ance and to make any significant adjustment from the plan of treatment  during
 48    the period of involuntary commitment.
                                                                        
 49        SECTION  13.  That Section 16-2419, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        16-2419.  EFFECT OF INVOLUNTARY TREATMENT ORDERS ON  PARENTAL  RIGHTS  AND
                                                                        
                                           8
                                                                        
  1    CUSTODY.  If an order for involuntary treatment is issued, the parents, guard-
  2    ian or custodian of the child will retain all parental rights, including legal
  3    custody of the child, or the orders for involuntary treatment and disposition.
  4    The department of health and welfare shall acquire  physical  custody  of  the
  5    child  and  the  right to determine the disposition and placement of the child
  6    whenever the placement requires the expenditure of public funds as provided in
  7    section 16-2415, Idaho Code, consistent with the plan of treatment approved by
  8    the court.
                                                                        
  9        SECTION 14.  That Section 16-2423, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:
                                                                        
 11        16-2423.  INFORMED  CONSENT  TO  MEDICATION  OR OTHER TREATMENT -- PERSONS
 12    SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT. (1) During an emergency evalua-
 13    tion under section 16-2413, Idaho Code, or  during  a  period  of  involuntary
 14    treatment  ordered  under  section 16-2418, Idaho Code, the treatment facility
 15    may  administer  necessary  medications  or  other  treatments,   except   for
 16    electroconvulsive  treatments,  to a child, consistent with good medical prac-
 17    tice without the informed consent of  the parent of the child, if  it  is  not
 18    possible to obtain such consent.
 19        (2)  Notwithstanding  subsection (1) of this section, a treatment facility
 20    shall not administer experimental  treatment  or  any  other  special  therapy
 21    except as provided by law or in rules promulgated by the department.
 22        (3)  No psychosurgery or electroconvulsive treatment shall be performed on
 23    a  child, except by order of a court upon a finding that the treatment is nec-
 24    essary to prevent serious harm to the child.  Consent of the parent of a child
 25    to  this  treatment  without a court order shall be invalid and shall not be a
 26    defense against any legal action that might be brought against the provider of
 27    the treatment.
 28        (4)  Consent for other medical/surgical treatments not intended  primarily
 29    to  treat  a child's serious emotional disturbance shall be obtained in accor-
 30    dance with the applicable law.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE

                           RS14998C2
                                
This bill would make several changes in the provisions of the Children's
Mental Health Services Act pertaining to involuntary treatment of children who
are suffering from severe emotional disturbance and who meet the other
criteria for involuntary treatment.

The bill would require that at least one of the designated examiners who
examine a child following the filing of a petition for involuntary treatment
be a psychiatrist, licensed physician or licensed psychologist.  This would be
consistent with the procedures set forth in Idaho Code  66-329 for the
examination of adults who are being considered for involuntary commitment.

The court would no longer have to find that the child's parents or guardians
refused or were unable to grant consent before issuing an involuntary
treatment order.  This current requirement of such a finding is inconsistent
with the provision that allows parents or guardians to file a petition seeking
an involuntary treatment order.  The bill would also allow the Department of
Health and Welfare up to seven days following the entry of an involuntary
treatment order to provide a plan of treatment, rather than requiring such a
plan before entry of the involuntary treatment order. 

The bill makes several changes to insure that the treatment of the child
following the entry of an involuntary treatment order is consistent with the
plan of treatment approved by the court.  The court would be permitted to
conduct a review hearing at any time to monitor compliance and make any
significant adjustments in the plan of treatment.  Additional language has
been added to insure that the disposition and placement of a child who is
subject to an involuntary treatment order is consistent with the court-
approved plan of treatment.  Conversion of the child's status from involuntary
treatment to voluntary would be permitted only if the court finds that the
child is not likely to cause harm to himself or others or suffer substantial
deterioration, or that the conversion is in the best interests of the child
and consistent with the requirements of public safety.  Finally, section 16-
2423, Idaho Code, would be amended to make clear that its provisions regarding
informed consent and other limitations on treatment apply to children subject
to involuntary treatment, as well as those undergoing emergency evaluation.
                        
        
                          FISCAL NOTE
                                
The involuntary treatment procedure is rarely used.  Most of the provisions of
this bill should have no fiscal impact.  The bill would make the involuntary
treatment procedure available in those cases where the criteria are met and
where parents or guardians consent to treatment.  In view of the infrequency
with which the procedure is used, and the fact that parents who consent to
treatment may in some cases be accessing services voluntarily at the present
time, it is anticipated that any fiscal impact will be slight.


Contact Person:

Patricia Tobias
Administrative Director of the Courts
(208) 334-2246


Statement of Purpose/Fiscal Note                               S 1164 AA, AAH