Title 16, JUVENILE PROCEEDINGS

16-2401. Short title. This chapter governing the access to the continuum of services for children with serious emotional disturbance may be cited as the "Children’s Mental Health Services Act."

16-2402. Legislative purposes. (1) It is the policy of the legislature and the state of Idaho that services for children with serious emotional disturbance should be planned and implemented to maximize the support of the family’s ability to provide adequate safety and well-being …

16-2403. Definitions. As used in this chapter: (1) "Child" means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. (2) "Consistent with the least restrictive alternative principle" means that services are delivered in t…

16-2404. Community services and supports and interagency collaboration. (1) Lead agency. The department of health and welfare shall be the lead agency in establishing and coordinating community supports, services and treatment for children with serious emotional disturbance and t…

16-2404A. Teen early intervention mental health and substance abuse specialist program. (1) The department of health and welfare shall be authorized to contract for teen early intervention specialists to work with teens at risk and their families in school districts. (2) The teen…

16-2405. Charges to parents. Parents may be charged for services provided to their children by the department pursuant to section 39-3140, Idaho Code, provided that all services that are part of the child’s free appropriate public education as defined in the individuals with disa…

16-2406. Access to services. Access to services for children with serious emotional disturbance and their families shall be voluntary whenever informed consent can be obtained. Involuntary treatment or commitment to the department’s custody shall not be required as a condition fo…

16-2406A. determination of eligibility for mental health services. (1) Individuals may access children’s mental health services administered by the department through an eligibility screening. The eligibility screening must be directly related to the individual’s mental illness a…

16-2407. Voluntary admission to hospital or residential treatment facility. When the department provides services under this chapter, such services shall be provided on a voluntary basis whenever informed consent can be obtained, and the department shall ensure that services made…

16-2408. Discharge or petition for one hundred twenty day treatment order. Any child who is voluntarily admitted to a treatment facility upon the consent of his parents or guardian shall be discharged within three (3) business days of a written request for discharge by the consen…

16-2409. Conversion from involuntary to voluntary status. Upon approval by the court, a child who is subject to involuntary treatment under this chapter may at any time convert to a voluntary status if informed consent to treatment can be obtained from his parent or guardian. The…

16-2410. Review of voluntary admission. A child admitted on the consent of his parents, shall have his admission reviewed at the end of a thirty (30) day period from the initial date of admission to the program. The review shall be accomplished by having the child’s treating clin…

16-2411. Emergency mental health response and evaluation — Temporary detention by a peace officer or health care professional. (1) A peace officer may take a child into protective custody and immediately transport the child to a treatment facility for emergency mental health eval…

16-2412. Emergency treatment upon certification by designated examiner. A child may be taken into protective custody by a peace officer, or accepted by an ambulance service, and transported and presented to a treatment facility for emergency evaluation and treatment when a design…

16-2413. Emergency admission and treatment facility determination. Upon the presentation of a child to a treatment facility pursuant to section 16-2411, Idaho Code, the facility shall accept the child and shall promptly examine him to determine whether he meets the criteria for e…

16-2414. Order for emergency evaluation. Each child who is admitted to a treatment facility under section 16-2413, Idaho Code, shall, within twenty-four (24) hours of being taken into protective custody, be released to his parent or guardian, unless a court order authorizing emer…

16-2415. Dispositional authority. (1) Whenever the involuntary treatment of the child requires payment from public funds, other than medicaid funds, the department, or other funding agency shall have the authority to determine the placement for the child and to make decisions con…

16-2416. One hundred twenty day involuntary treatment order. (1) Children may be treated involuntarily for a period of up to one hundred twenty (120) days upon a petition filed by the treatment facility or by the parent, guardian, prosecuting attorney or other interested party. T…

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 hearin…

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, …

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 tr…

16-2420. Successive periods of involuntary treatment. Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatmen…

16-2421. Waiver of right to be present at hearings. A child may waive the right to be present at any hearing to which he is entitled under this section by filing a written waiver that the court finds is knowingly and voluntarily executed by the child. The child’s attorney shall c…

16-2422. Informed consent to medication or other treatment — Persons under voluntary treatment. (1) A facility may not administer any treatments or medications to a child admitted to the facility as a voluntary patient under section 16-2407, Idaho Code, unless the parent, guardia…

16-2423. Informed consent to medication or other treatment — Persons subject to involuntary or emergency treatment. (1) During an emergency evaluation under section 16-2413, Idaho Code, or during a period of involuntary treatment ordered under section 16-2418, Idaho Code, the tre…

16-2424. Provision of treatment. (1) Every child subject to an involuntary treatment order under this chapter shall be provided with appropriate treatment in accordance with the least restrictive alternative principle that offers him a realistic prospect of improvement. Children …

16-2425. Rights of children in treatment facilities. (1) Competence. No right of any child shall be denied or reduced solely by the reason of his having been evaluated, or treated under this chapter. A finding of lack of capacity to make an informed decision under this chapter sh…

16-2426. Notification of rights. At the time of admission to a facility, whether the admission is voluntary or involuntary, the facility shall insure that the child is fully informed of his rights in terms that he can understand. This information shall be provided both orally and…

16-2426A. SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY. (1) The department shall not make a substantiated disposition that a child has been abused, neglected, or abandoned by a parent or guardian under the child protective act, chapter 16, title 16, I…

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 de…

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 reta…

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 ent…

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 th…

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 …