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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 thisactchapter 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 involuntaryhospitalization20 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;and29 (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; and34 (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.; and38 (52)There isWithin 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 the47department or the petitioner; and48 (63) The plan for involuntary treatmentisshall 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved 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 toconsentade- 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.AUpon 4 approval by the court, a child who is subject to involuntaryhospitalization5 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 involuntaryof"; 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.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 thisactchapter 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.AUpon approval 16 by the court, a child who is subject to involuntaryhospitalizationtreatment 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 toconsentade- 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.; and39 (52)There isWithin seven (7) days after entry of the order for involun- 40 tary commitment, the department of health and welfare shall develop an41individualizedplan 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 the48department or the petitioner; and49 (63) The planfor involuntaryof treatmentisshall 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 thisactchapter 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.AUpon approval 13 by the court, a child who is subject to involuntaryhospitalizationtreatment 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;and25 (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; and30 (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.; and34 (52)There isWithin seven (7) days after entry of the order for involun- 35 tary commitment, the department of health and welfare shall develop an36individualizedplan 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 the43department or the petitioner; and44 (63) The planfor involuntaryof treatmentisshall 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.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT 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