27A-15-26. Discharge upon determination that criteria no longer being met. If at any time the minor’s attending psychiatrist or, if the attending psychiatrist is unavailable, the attending qualified mental health professional determines that the criteria in §27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of his parent. Parental refusal […]
27A-15-27. Predischarge plan of aftercare. A predischarge plan of aftercare for a minor admitted to inpatient treatment under this chapter, by a parent, guardian, or other legal custodian shall be formulated in cooperation with the minor and the minor’s family. The plan shall be explained to the minor and the parent, guardian, or other legal […]
27A-15-28. Involuntary commitment. A minor may be subject to involuntary commitment utilizing the same procedures, criteria, and rights provided in chapter 27A-10, except as otherwise specifically provided by this chapter. Source: SL 1991, ch 220, §318.
27A-15-29. Criteria governing involuntary commitment. A minor is subject to involuntary commitment if: (1)The minor is an individual with a serious emotional disturbance; (2)The minor displays one or more of the conditions listed in subdivision 27A-15-5(2); (3)As a result of being an individual with a serious emotional disturbance, the minor is a danger to self […]
27A-15-3. Separation of minors from adult patients–Exception. Except as otherwise provided in this section, a minor, whether admitted by a parent or involuntarily committed, may not be placed with adult patients, if the inpatient psychiatric facility maintains a separate unit for minors. A minor may be admitted or committed to a facility that does not […]
27A-15-30. Petition for immediate intervention for protection of minor with serious emotional disturbance–Contents. If any minor is alleged to be an individual with a serious emotional disturbance and in such condition that immediate intervention is necessary for the protection from physical harm to himself or others, any person, eighteen years of age or older, may […]
27A-15-31. Apprehension and transportation of minor for involuntary commitment–Separation from adult detainees or patients. After examination of a petition filed pursuant to §27A-15-30, the chair of the county board may order the apprehension and transportation of a minor who meets the criteria in §27A-15-30, for involuntary commitment to an appropriate regional facility other than the […]
27A-15-32. Apprehension by police officer for emergency intervention–Jail not used for custody of minor. A peace officer may apprehend any minor that he has probable cause to believe requires emergency intervention under the criteria in §27A-15-30. The peace officer shall transport the minor to an appropriate regional facility other than the center. A jail may […]
27A-15-33. Immediate notification of rights. Immediately after the minor is taken into custody, he shall be notified both orally and in writing of his rights as set forth in §§27A-10-5, 27A-10-6, and 27A-10-8 and of his right to immediately contact his parent, guardian, legal custodian, or other persons of his choosing. The minor shall be […]
27A-15-34. Release if criteria not met–Transportation–Detention if criteria met. If the evaluation required in §27A-10-6 does not support a finding that the minor meets the criteria in §27A-15-29, the minor shall be released. Following such release, the referring county shall provide the minor with transportation to the minor’s residence if such residence is in the […]
27A-15-35. Appointment of counsel–Conflict of interest. If upon completion of the evaluation required in §27A-10-6, it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor. In […]
27A-15-36. Procedure if hearing to be held–Alternative treatment. If upon completion of the evaluation it is determined that a hearing will be held, the chairman of the board of mental illness which will be conducting the hearing as provided in §27A-10-8 shall order testimony by a qualified mental health professional who shall assess the availability […]
27A-15-37. Completion of hearing–Board’s determination–Commitment or release. Upon completion of the hearing provided in §27A-10-8, the board of mental illness may order the involuntary commitment of the minor for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and […]
27A-15-38. Time limit to implement individualized treatment plan–Purpose of plan. Within ten days after the involuntary commitment of a minor, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that a written comprehensive individualized treatment plan has been developed and […]
27A-15-39. Educational programming for involuntarily committed minor. The administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that the minor receives educational programming consistent with applicable federal and state law. Source: SL 1991, ch 220, §329.
27A-15-4. Application for admission of minor–Emergency admission–Secretary and court not precluded from placing child upon recommendation of qualified mental health professional. Application for admission of a minor to an inpatient psychiatric facility may be made by a guardian or legal custodian of the person of the minor upon the recommendation for such application by a […]
27A-15-40. Periodic review following involuntary commitment–Assessment–Right to refuse treatment. Within ten days after the involuntary commitment of a minor and at least every thirty days thereafter, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall review the minor’s records and assess […]
27A-15-41. Review hearing–Notice–Rights and procedures. Within forty-five days after the involuntary commitment of a minor who is still under the commitment order, the county board of mental illness which serves the county in which the minor is receiving treatment shall conduct a review hearing in such county to determine if the minor continues to meet […]
27A-15-42. Additional review hearings–Rights, procedures, and findings. Notwithstanding the provisions of §§27A-15-37 and 27A-15-41, if the board of mental illness orders an initial commitment or a continued commitment, it may also schedule at the time of such initial commitment hearing or at the time of such review hearing and without further notice, a review hearing […]
27A-15-43. Review of treatment plan. The minor’s treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor’s overall adjustment. Source: SL 1991, ch 220, §333.
