View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 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.
]]]] 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.".
]]]] 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.
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