Section 16-2427 – DISCHARGE.
16-2427. DISCHARGE. (1) The responsible physician shall review periodically whether a child meets the criteria for involuntary treatment, and if he concludes that the person does not meet such criteria, he shall undertake discharge procedures. (2) Discharge of any child may be delayed for a reasonable period of time in order to arrange transportation or […]
Section 16-2428 – CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
16-2428. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION. All certificates, applications, records, and reports directly or indirectly identifying a patient or former patient or an individual whose involuntary treatment has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except with the consent of the person identified or his […]
Section 16-2429 – RIGHT TO REPRESENTATION.
16-2429. RIGHT TO REPRESENTATION. (1) Every child has the right to counsel to represent him at all proceedings under this chapter and to obtain the advice of an attorney at any time regarding his status under this chapter, at his or his parents’ expense. When a child has not retained an attorney and is unable […]
Section 16-2430 – TRANSPORTATION.
16-2430. TRANSPORTATION. Following disposition by the department, it is the responsibility of the county sheriff to transport the person to the treatment facility. The department must notify the sheriff of the designated treatment facility within twenty-four (24) hours of the entry of the department’s disposition order. The county and the department shall allow for transportation […]
Section 16-2431 – COST OF INVOLUNTARY TREATMENT PROCEEDINGS.
16-2431. COST OF INVOLUNTARY TREATMENT PROCEEDINGS. All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of the parents of the child according to their ability to pay, based on the sliding fee scale established under […]
Section 16-2417 – HEARING ON THE ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
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 […]
Section 16-2432 – FALSE STATEMENTS — PENALTIES.
16-2432. FALSE STATEMENTS — PENALTIES. (1) Any person who knowingly and willfully gives false information or takes other wrongful action for the purpose of distorting, corrupting or interfering with the process provided in this chapter shall be subject to a civil fine, and shall be liable for injunctive relief and money damages, in addition to […]
Section 16-2418 – CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
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, […]
Section 16-2433 – DEPARTMENT RULES.
16-2433. DEPARTMENT RULES. The director is authorized to promulgate rules necessary to implement this chapter that are consistent with its provisions including the development of a schedule of fees to be charged to parents by the department for services, based on the cost of services and the ability of parents to pay. History: [16-2433, added […]
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 […]