TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 24

CHILDREN’S MENTAL HEALTH SERVICES

16-2418.  Criteria for one hundred twenty day involuntary treatment order. (1) A child may be treated involuntarily, and placed at a facility, according to the disposition of the department under section 16-2415, Idaho Code, for a period of up to one hundred twenty (120) days if, after the hearing provided in section 16-2417, Idaho Code, the court determines on the basis of clear and convincing evidence that:

(a)  The child is suffering from severe emotional disturbance; and

(b)  There is reasonable prospect that his illness is treatable by a facility or program operated by the department or other facility available to the department for treatment of children with serious emotional disturbance; and

(c)  A child’s parent or guardian refuses or is unable to adequately provide for the treatment of the child consistent with the requirements of public safety; and

(d)  As the result of serious emotional disturbance, the child is:

(i)   Likely to cause harm to himself or suffer substantial mental or physical deterioration; or

(ii)  Likely to cause harm to others.

(2)  Within seven (7) days after entry of the order for involuntary commitment, the department of health and welfare shall develop a plan of treatment to be approved by the court which includes:

(a)  A proposed placement and projections for aftercare upon completion of treatment;

(b)  Specific behavioral goals by which the success of the treatment can be measured; and

(c)  Evidence of attempts to involve the patient and the patient’s family in the development of the plan.

(3)  The plan of treatment shall be consistent with the least restrictive alternative principle.

(4)  The court may conduct a review hearing at any time to monitor compliance and to make any significant adjustment from the plan of treatment during the period of involuntary commitment.

History:

[16-2418, added 1997, ch. 404, sec. 1, p. 1292; am. 2005, ch. 307, sec. 5, p. 958.]