CHILDREN’S MENTAL HEALTH SERVICES
16-2417. Hearing on the one hundred twenty day involuntary treatment order. (1) Every child for whom a petition for involuntary treatment has been filed, shall be notified by the court sufficiently in advance to be able to prepare for the hearing and shall receive a prompt hearing. For children confined for emergency psychiatric evaluation or currently under voluntary admission, this hearing shall take place within three (3) business days of the filing of the petition.
(2) The child shall be present at the hearing unless the court finds:
(a) That he has knowingly and voluntarily waived such a right after consulting with counsel, and his counsel shall submit a verified written statement to the court explaining the attorney’s understanding of the child’s intent; or
(b) That because his behavior at the hearing is so disruptive, it cannot reasonably continue in his presence.
Hearings may be held in the treatment facility whenever the child is an inpatient at the time of the hearing.
(3) Any child who is unable to pay for counsel shall have the right to be provided with counsel at public expense to prepare for and represent him at the hearings.
(4) The prosecuting attorney shall represent the interests of the state at the hearing.
(5) The Idaho rules of evidence and the Idaho rules of civil procedure shall be applied so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties.
(6) The child shall have the right:
(a) To be represented by counsel;
(b) To present evidence, including testimony of a mental health professional of his own choosing;
(c) To cross-examine witnesses;
(d) To a complete record of the proceedings;
(e) To an expeditious appeal of an adverse ruling.
(7) At the conclusion of the hearing, or within one (1) business day thereafter, the court shall make its findings.
(8) The court shall enter an order discharging the child unless it finds by clear and convincing evidence that the child satisfies all criteria for involuntary treatment in section 16-2418, Idaho Code, in which event it shall enter an involuntary treatment order as provided in section 16-2416, Idaho Code, for evaluation and treatment for a period of no longer than one hundred twenty (120) days.
(9) If at any time during a one hundred twenty (120) day (or any subsequent) period of involuntary treatment, a child is absent without permission, the involuntary treatment order constitutes a continuing authorization and responsibility to the treatment facility and to any law enforcement officer to procure his return.
[16-2417, added 1997, ch. 404, sec. 1, p. 1291.]