TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 24

CHILDREN’S MENTAL HEALTH SERVICES

16-2420.  Successive periods of involuntary treatment. Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatment may be extended for periods of up to one hundred eighty (180) days upon a petition filed with the court by the treatment facility or by the child’s parent, or guardian, or other interested party.

(1)  The petition shall include a statement why the child still meets the criteria for involuntary treatment, what treatment has been provided and what progress has been made, why a further period of involuntary treatment is warranted, and the identity of any person who has knowledge concerning the case. The petition shall be promptly served upon the child, the child’s parent, custodian, or guardian, and the child’s attorney.

(2)  The child shall be entitled to a hearing before the court on the petition on or before the first business day following expiration of the operative period of involuntary treatment and shall have the same rights to which he was entitled at the initial hearing on involuntary treatment in section 16-2417, Idaho Code.

(3)  The court shall order that the child be discharged unless it determines by clear and convincing evidence that:

(a)  The child still satisfies the criteria for involuntary treatment; and

(b)  That there is a reasonable prospect that a substantial therapeutic purpose would be served by a further period of involuntary treatment.

(4)  Additional involuntary treatment orders for periods up to one hundred eighty (180) days each may be ordered in accordance with this section.

History:

[16-2420, added 1997, ch. 404, sec. 1, p. 1292.]