Section 16-2419 – EFFECT OF INVOLUNTARY TREATMENT ORDERS ON PARENTAL RIGHTS AND CUSTODY.
16-2419. EFFECT OF INVOLUNTARY TREATMENT ORDERS ON PARENTAL RIGHTS AND CUSTODY. If an order for involuntary treatment is issued, the parents, guardian or custodian of the child will retain all parental rights, including legal custody of the child, or the orders for involuntary treatment and disposition. The department of health and welfare shall acquire physical […]
Section 16-2434 – CONSTRUCTION.
16-2434. CONSTRUCTION. (1) As used in this chapter, pronouns refer to both male and female persons equally, and articles refer to singular and plural persons and things. (2) If any provision of this chapter or its application to any person or circumstance is held invalid, it is the legislative intent that such invalidity not affect […]
Section 16-2420 – SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT.
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 […]
Section 16-2421 – WAIVER OF RIGHT TO BE PRESENT AT HEARINGS.
16-2421. WAIVER OF RIGHT TO BE PRESENT AT HEARINGS. A child may waive the right to be present at any hearing to which he is entitled under this section by filing a written waiver that the court finds is knowingly and voluntarily executed by the child. The child’s attorney shall consult with him and determine […]
Section 16-2422 – INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS UNDER VOLUNTARY TREATMENT.
16-2422. INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS UNDER VOLUNTARY TREATMENT. (1) A facility may not administer any treatments or medications to a child admitted to the facility as a voluntary patient under section 16-2407, Idaho Code, unless the parent, guardian or custodian of the child has given informed consent to the treatment, […]
Section 16-2423 – INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT.
16-2423. INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT. (1) During an emergency evaluation under section 16-2413, Idaho Code, or during a period of involuntary treatment ordered under section 16-2418, Idaho Code, the treatment facility may administer necessary medications or other treatments, except for electroconvulsive treatments, to a […]
Section 16-2424 – PROVISION OF TREATMENT.
16-2424. PROVISION OF TREATMENT. (1) Every child subject to an involuntary treatment order under this chapter shall be provided with appropriate treatment in accordance with the least restrictive alternative principle that offers him a realistic prospect of improvement. Children shall be afforded treatment in facilities that conform to the applicable rules of the department, and […]
Section 16-2425 – RIGHTS OF CHILDREN IN TREATMENT FACILITIES.
16-2425. RIGHTS OF CHILDREN IN TREATMENT FACILITIES. (1) Competence. No right of any child shall be denied or reduced solely by the reason of his having been evaluated, or treated under this chapter. A finding of lack of capacity to make an informed decision under this chapter shall not by itself establish lack of competence […]
Section 16-2426 – NOTIFICATION OF RIGHTS.
16-2426. NOTIFICATION OF RIGHTS. At the time of admission to a facility, whether the admission is voluntary or involuntary, the facility shall insure that the child is fully informed of his rights in terms that he can understand. This information shall be provided both orally and in writing. Copies of the written explanation of the […]
Section 16-2426A – SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY.
16-2426A. SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY. (1) The department shall not make a substantiated disposition that a child has been abused, neglected, or abandoned by a parent or guardian under the child protective act, chapter 16, title 16, Idaho Code, because of a request for inpatient hospital treatment or an […]