27A-15-1. Definition of terms. Terms used in this chapter mean: (1)”Clinical evaluation,” an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent, guardian, or other legal custodian, an examination of all relevant available […]
27A-15-1.1. Serious emotional disturbance defined. For the purposes of this chapter, an individual with a serious emotional disturbance is an individual who: (1)Is under eighteen years of age; (2)Exhibits behavior resulting in functional impairment which substantially interferes with, or limits the individual’s role or functioning in the community, school, family, or peer group; (3)Has a […]
27A-15-10. Admission immediately upon determination that criteria met–Clinical evaluation–Continued admission–Delivery of clinical evaluation to parent. After application for admission, the administrator or facility director may immediately admit the minor upon a determination that the criteria in §27A-15-5 are met. Upon admission, each minor shall have a psychiatric evaluation within forty-eight hours excluding Saturday, Sunday, and […]
27A-15-12. Discharge of minor upon written notice of parent’s intent to terminate inpatient treatment–Emergency intervention. A parent who consented to a minor’s admission under this chapter has the right to effect an immediate discharge of the minor upon written notice of the parent’s intention to terminate inpatient treatment, unless the facility director, administrator, or attending […]
27A-15-13. Denial of admission–Referral to other programs or services. If the administrator or facility director denies admission, he shall refer the parent and minor to other placements, programs, or services that may be appropriate for the minor, including referral to the local interagency team serving the area in which the minor resides. Source: SL 1991, […]
27A-15-15.1. Objection to continued inpatient treatment–Form and execution. A minor who has been admitted to an inpatient psychiatric facility, or an adult on the minor’s behalf, shall have the right to execute a written objection to continued inpatient treatment. Upon receipt by a staff member of the facility of an oral or written objection to […]
27A-15-15.2. Filing written objection–Notice of right to counsel–Hearing–Possible discharge. If a written objection to continued inpatient treatment is executed pursuant to §27A-15-19, the administrator or facility director shall forthwith file the objection with the chair of the county board of mental illness for the county where the facility is located. In addition, the administrator or […]
27A-15-15.3. Determination to hold hearing–Counsel appointed to minor–Attorney’s conflict of interest. If upon completion of the evaluation required in §27A-15-17.1, 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 […]
27A-15-15.4. Time limit for hearing–Location–Expenses. Within five days after the execution of the written objection to continued inpatient treatment, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period, the minor shall be provided […]
27A-15-15.5. Finding of hearing as to minor’s residence–Parent’s residence–Reopening hearing. A county board of mental illness holding a hearing pertaining to a minor’s objection to admission to an inpatient psychiatric facility shall enter a finding regarding the minor’s county of residence or a finding that the minor is not a resident of this state. A […]
27A-15-15.6. Testimony of mental health professional–Alternatives to inpatient treatment. The board of mental illness conducting the hearing as provided in §27A-15-19 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including programs other than inpatient treatment. Such testimony shall include what alternatives are or should […]
27A-15-17.1. Independent evaluation within twenty-four hours of objection. The chairman of the county board shall order an independent clinical evaluation of the minor, including a mental status examination, to be completed within twenty-four hours of the filing of the objection pursuant to §27A-15-19. Preceding the evaluation, the qualified mental health professional shall identify himself to […]
27A-15-18. Discharge prior to hearing ordered by chairman of county board. If, at any time prior to the hearing required in §27A-15-19, the chairman of the county board determines that the criteria in §27A-15-5 are not met, he shall order the administrator or facility director to immediately discharge the minor to the custody of his […]
27A-15-19. Hearing following objection–Time limit. Within five days after service of the objection, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that period, the minor shall be provided a hearing on the need for continued […]
27A-15-20. Overrule of minor’s objection–Continued treatment or immediate discharge. Upon completion of the hearing provided in §27A-15-19, the board of mental illness may overrule the minor’s objection and authorize continued inpatient treatment at the facility for the duration of the forty-five-day admission period as provided in §§27A-15-10 and 27A-15-24, if a majority of the board […]
27A-15-21. Written comprehensive individualized treatment plan–Basis for plan. Within ten days after the admission of a minor by parent, guardian, or other legal custodian under this chapter, the administrator or facility director shall ensure that a written comprehensive individualized treatment plan has been developed and implemented for the minor by appropriate qualified mental health professionals […]
27A-15-22. 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, §312.
27A-15-23. Educational programming. The administrator or facility director shall ensure that the minor receives educational programming consistent with applicable federal and state law. Source: SL 1991, ch 220, §313.
27A-15-24. Periodic evaluation. Within forty-five days after the admission of a minor by parent, guardian, or other legal custodian under this chapter and at least every forty-five days thereafter, a psychiatric evaluation of the minor shall be completed by a psychiatrist to assess the need for continued inpatient treatment. If the psychiatrist determines that the […]
27A-15-25. Minor to be informed of rights prior to sixteenth birthday–Informed consent required upon eighteenth birthday. Any minor admitted by a parent under this chapter while younger than sixteen years of age shall be informed orally and in writing by the administrator or facility director within five days prior to the minor’s sixteenth birthday of […]
