62A-15-702. Treatment and commitment of minors in the public mental health system. A child is entitled to due process proceedings, in accordance with the requirements of this part, whenever the child: (1) may receive or receives services through the public mental health system and is placed, by a local mental health authority, in a physical […]
Effective 9/1/2021 62A-15-703. Residential and inpatient settings — Commitment proceeding — Child in physical custody of local mental health authority. (1) A child may receive services from a local mental health authority in an inpatient or residential setting only after a commitment proceeding, for the purpose of transferring physical custody, has been conducted in accordance […]
62A-15-704. Invasive treatment — Due process proceedings. (1) For purposes of this section, “invasive treatment” means treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery. (2) The requirements of this section apply to all children receiving services or treatment from a local mental health […]
Effective 9/1/2021 62A-15-705. Commitment proceedings in juvenile court — Criteria — Custody. (1) (a) Subject to Subsection (1)(b), a commitment proceeding for a child may be commenced by filing a written application with the juvenile court of the county in which the child resides or is found, in accordance with the procedures described in Section […]
62A-15-706. Parent advocate. The division shall establish the position of a parent advocate to assist parents of children with a mental illness who are subject to the procedures required by this part. Amended by Chapter 366, 2011 General Session
62A-15-707. Confidentiality of information and records — Exceptions — Penalty. (1) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, all certificates, applications, records, and reports made for the purpose of this part that directly or indirectly identify a patient or former patient or an individual whose commitment has been […]
62A-15-708. Mechanical restraints — Clinical record. Mechanical restraints may not be applied to a child unless it is determined, by the local mental health authority or its designee in conjunction with the child’s current treating mental health professional, that they are required by the needs of that child. Every use of a mechanical restraint and […]
62A-15-709. Habeas corpus. Any child committed in accordance with Section 62A-15-703 is entitled to a writ of habeas corpus upon proper petition by himself or next of friend to the district court in the district in which he is detained. Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, […]
62A-15-710. Restrictions and limitations — Civil rights and privileges. (1) Subject to the specific rules of the division, and except to the extent that the local mental health authority or its designee, in conjunction with the child’s current treating mental health professional, determines that it is necessary for the welfare of the person to impose […]
62A-15-711. Standards for care and treatment. Every child is entitled to humane care and treatment and to medical care and treatment in accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice, social work practice, and the practice of clinical psychology. Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended […]
62A-15-712. Responsibilities of the Division of Substance Abuse and Mental Health. (1) The division shall ensure that the requirements of this part are met and applied uniformly by local mental health authorities across the state. (2) Because the division must, under Section 62A-15-103, contract with, review, approve, and oversee local mental health authority plans, and […]
62A-15-713. Contracts with local mental health authorities — Provisions. When the division contracts with a local mental health authority to provide mental health programs and services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part 3, Local Mental Health Authorities, it shall ensure that those contracts include at least the […]
