US Lawyer Database

Section 704 – Invasive treatment — Due process proceedings.

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 […]

Section 705 – Commitment proceedings in juvenile court — Criteria — Custody.

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 […]

Section 706 – Parent advocate.

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

Section 702 – Treatment and commitment of minors in the public mental health system.

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 […]

Section 639 – Standards for care and treatment.

62A-15-639. Standards for care and treatment. Every patient 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 […]

Section 640 – Mechanical restraints and medication — Clinical record.

62A-15-640. Mechanical restraints and medication — Clinical record. (1) Mechanical restraints may not be applied to a patient unless it is determined by the director or his designee to be required by the needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the patient’s […]

Section 641 – Restrictions and limitations — Civil rights and privileges.

Effective 5/9/2017 62A-15-641. Restrictions and limitations — Civil rights and privileges. (1) Subject to the general rules of the division, and except to the extent that the director or his designee determines that it is necessary for the welfare of the patient to impose restrictions, every patient is entitled to: (a) communicate, by sealed mail […]

Section 642 – Habeas corpus.

62A-15-642. Habeas corpus. Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon proper petition by himself or a friend, to the district court in the county in which he is detained. Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special […]

Section 643 – Confidentiality of information and records — Exceptions — Penalty.

62A-15-643. Confidentiality of information and records — Exceptions — Penalty. (1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall […]

Section 644 – Additional powers of director — Reports and records of division.

62A-15-644. Additional powers of director — Reports and records of division. (1) In addition to specific authority granted by other provisions of this part, the director has authority to prescribe the form of applications, records, reports, and medical certificates provided for under this part, and the information required to be contained therein, and to adopt […]