TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 24

CHILDREN’S MENTAL HEALTH SERVICES

16-2414.  Order for emergency evaluation. Each child who is admitted to a treatment facility under section 16-2413, Idaho Code, shall, within twenty-four (24) hours of being taken into protective custody, be released to his parent or guardian, unless a court order authorizing emergency evaluation has been obtained.

(1)  The evidence supporting the claim that an emergency exists with respect to the child shall be submitted to a court of competent jurisdiction. If the court finds that an emergency situation exists, it shall issue an order for emergency evaluation, which shall authorize the treatment facility to hold the child for up to forty-eight (48) hours at which time he shall be released to his parent or guardian, unless valid consent to voluntary treatment has been obtained under section 16-2407, Idaho Code, or other legal authority is sought to hold the child.

(2)  Each child and parent shall also be informed orally and in writing by the evaluation facility of the purposes and the possible consequences of the proceedings, the allegations in the petition, the child’s right to communicate with an attorney, and the right to receive necessary and appropriate treatment.

(3)  At all stages of the proceeding the court shall consider whether treatment may be voluntarily obtained by the child and his family. If the treatment can be voluntarily obtained, the petition shall be dismissed.

(4)  The court may also order that the prosecuting attorney of the county review the appropriateness of the case for filing a petition under the child protective act or the juvenile corrections act.

(5)  A child shall not be admitted under this section to a facility operated by the department unless evaluated and authorized by a staff of the regional family and children’s services program.

History:

[16-2414, added 1997, ch. 404, sec. 1, p. 1289.]