Title 66, STATE CHARITABLE INSTITUTIONS

66-317. Definitions. As used in this chapter: (1) "Department director" means the director of the state department of health and welfare. (2) "Voluntary patient" means an individual admitted to a facility for evaluation pursuant to section 18-211, Idaho Code, or admitted to a fac…

66-318. Authority to admit voluntary patients — Denial of admission. (1) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, may admit as a voluntary patient the following persons for observation, diagnosis, ev…

66-319. Release of voluntary inpatients. The director of an inpatient facility shall release any person, admitted in accordance with the procedure outlined in section 66-318, Idaho Code, whose continued care or treatment is no longer appropriate. If upon evaluation at the facilit…

66-320. Right to release on application — Exceptions. (1) A voluntary patient admitted in accordance with the procedure outlined in section 66-318, Idaho Code, who requests his release or whose release is requested, in writing, by his spouse or adult next of kin shall be released…

66-322. Appointment of guardian for individuals lacking capacity to make informed decisions about treatment — Judicial procedure. (1) Proceedings for the appointment of a guardian of a mentally ill person may be commenced by the filing of a written petition with a court of compet…

66-323. designated examiner qualifications. (1) To be appointed and practice as a designated examiner, an applicant shall meet the qualifications required by this section. (2) A designated examiner shall maintain professional licensure for the duration of the designated examiner’…

66-323A. designated examiner and dispositioner — appointment. (1) An applicant seeking an appointment or reappointment as a designated examiner or dispositioner shall: (a) Complete an application using forms approved by the department; and (b) Provide the department with verifica…

66-324. Authority to receive involuntary patients. The director of any facility, or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, is authorized to receive in the facility for observation, diagnosis, evaluation, care or treatment any ind…

66-325. Residence not affected by place of treatment. For purposes of this chapter, the terms "residence," "residing," or "resides" shall refer to the place where the mentally ill person lives. None of the time spent in any facility shall be regarded as contributing toward, or ac…

66-326. Detention without hearing. (1) No person shall be taken into custody or detained as an alleged emergency patient for observation, diagnosis, evaluation, care or treatment of mental illness unless and until the court has ordered such apprehension and custody under the prov…

66-327. Responsibility for costs of commitment and care of patients. (1) For purposes of this section: (a) "Commitment period" begins when a court of competent jurisdiction enters an order committing a person to the custody of the department of health and welfare pursuant to sect…

66-328. Jurisdiction of proceedings for commitment. Proceedings for the care of mentally ill persons shall be had in the district court of the county where the person to be treated resides or in the district court of any other county of this state where such person is found.

66-329. Commitment to department director upon court order — Judicial procedure. (1) Proceedings for the involuntary care and treatment of mentally ill persons by the department of health and welfare may be commenced by the filing of a written application with a court of competen…

66-330. Transportation — Temporary detention — Notice. (1) After the dispositioner has designated the place of treatment, he shall notify the facility director of the disposition and of any medical, security, or behavioral needs of the committed patient. The department of health …

66-331. Care and treatment in a federal facility. (a) If an involuntary patient committed pursuant to the provisions of section 66-329, Idaho Code, is eligible for care or treatment by any agency of the United States, the department director or his designee, upon receipt of a cer…

66-333. Examination of newly admitted patients. Every patient committed to the custody of the department director pursuant to the provisions of section 66-329, Idaho Code, and admitted to an inpatient facility shall receive a physical and mental health examination as soon as prac…

66-334. Transfer of patients between certain inpatient treatment facilities. (a) The department director or his designee may transfer, or authorize the transfer of, an involuntary patient from one inpatient treatment facility to another, if he determines that it would be consiste…

66-335. Commitment of mentally ill convicts. Mentally ill convicts may be received into said facilities in accordance with rules and regulations adopted by the board of health and welfare acting in conjunction with the state board of correction.

66-337. Review, termination of commitment and discharge of patients. (1) The department director or his designee shall as frequently as practicable but at least once at the end of the first ninety (90) days examine or cause to be examined every patient committed to his custody or…

66-341. Exemptions from liability. No agency, public or private facility, nor an employee of a public or private facility, nor the superintendent, professional person in charge, or attending staff of any such facility, nor any public official performing functions necessary to the…

66-343. Petition for reexamination of order of commitment. All patients committed pursuant to section 66-329, Idaho Code, shall be entitled to a reexamination of the order for or conditions of his commitment on his own petition, or that of his legal guardian, parent, spouse, rela…

66-344. Right to humane care and treatment. Every patient shall be entitled to humane care and treatment.

66-345. Restraints and seclusion. Restraints shall not be applied to a patient nor shall a patient be secluded unless it is determined that such restraint or seclusion is necessary for the patient’s safety or for the safety of others. Every instance of a restraint or seclusion of…

66-346. Right to communication and visitation — Exercise of civil rights. (a) Every patient shall have the following rights: (1) To communicate by sealed mail or otherwise, with persons, inside or outside the facility and to have access to reasonable amounts of letter writing mat…

66-347. Writ of habeas corpus. Any individual detained pursuant to this act shall be entitled to the writ of habeas corpus upon proper petition by himself or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which he is detained.

66-348. Disclosure of information. All certificates, applications, records, and reports made for the purpose of this act and directly or indirectly identifying a patient or former patient or an individual whose involuntary assessment, detention or commitment is being sought under…

66-349. Penalty for violation. Any person violating any provisions of sections 66-344, 66-345, 66-346, 66-347, or 66-348 shall be guilty of a misdemeanor and subject to a fine of not more than $500 and imprisonment for not more than one (1) year.

66-350. Detention pending judicial determination. Notwithstanding any other provision of this act, no patient with respect to whom proceedings for judicial commitment have been commenced shall be released or discharged during the pendency of such proceedings unless ordered by the…

66-351. Repayment of money on discharge of patient. If, at the time of the discharge of a person from any facility, or after the death and burial of any person therein confined, there remain in the custody of the director of the facility any unexpended moneys paid for the support…

66-352. Money found on mentally ill persons — Disposition. Any moneys, or other things of value, found on the person of a mentally ill person at the time of proceedings for involuntary commitment must be certified to by the judge and sent with such person to the facility, there t…

66-354. Mentally ill person with assets sufficient to pay expenses — Liability of relatives. (1) When a mentally ill person has been admitted to a state facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circums…

66-355. Appointment of guardian — Incompetency of mentally ill person requires separate proceedings — Liability for care and treatment costs. The incompetency of a mentally ill person shall be determined in the same manner that incompetency is determined in any other person and s…

66-356. Relief from firearms disabilities. [effective until January 1, 2027] (1) A court that: (a) Orders commitment pursuant to section 66-329, Idaho Code; (b) Orders commitment or treatment pursuant to section 66-406, Idaho Code; (c) Appoints a guardian pursuant to section 66-3…

66-401. Legislative intent. It is hereby declared by the legislature of the state of Idaho in enacting chapter 4, title 66, Idaho Code, that the citizens of Idaho who have developmental disabilities are entitled to be diagnosed, cared for, and treated in a manner consistent with …

66-402. Definitions. [effective until January 1, 2027] As used in this chapter: (1) "Adult" means an individual eighteen (18) years of age or older. (2) "Artificial life-sustaining procedures" means any medical procedure or intervention that utilizes mechanical means to sustain o…

66-403. Court jurisdiction. Judicial proceedings authorized by the provisions of this chapter shall be had in the district court of the county where the respondent resides or is found.

66-404. Proceedings for appointment of guardians and conservators. [effective until January 1, 2027] (1) A person with a developmental disability or any person interested in his welfare may petition for a finding of legal disability or partial legal disability and appointment of …

66-404A. temporary guardians. [effective until January 1, 2027] (1) The court may appoint a temporary guardian if it finds: (a) A petition for guardianship under section 66-404, Idaho Code, has been filed, but a guardian has not yet been appointed; (b) Substantial evidence the pe…

66-405. Order in protective proceedings. [effective until January 1, 2027] (1) If it is determined that the respondent does not have a developmental disability but appears in need of protective services, the court may cause the proceeding to be expanded or altered for considerati…

66-406. Judicial procedure for commitment to director. (1) Proceedings for the involuntary care and treatment of developmentally disabled persons by the department may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative…

66-407. Change in disposition. (1) Upon the recommendation of the head of a facility providing services to a respondent committed to the custody of the director under section 66-406, Idaho Code, the director or his designee may redetermine the least restrictive available facility…

66-408. Petition for reexamination of order of guardianship or commitment. [effective until January 1, 2027] All respondents admitted to a residential facility upon application of their parent or guardian or committed to the director shall be entitled to an annual review of their…

66-410. Procedure upon application to a residential facility. Upon receipt of an application for admission to a residential facility, the head of such facility licensed under state law shall have the application reviewed or approved by an evaluation committee. The facility head m…

66-411. Review and discharge. (1) The head of each residential facility shall, following admission, examine or cause to be examined every resident, and determine whether to discharge each resident from the facility. A similar review shall be conducted annually thereafter. A repor…

66-412. Rights in facilities. (1) Every developmentally disabled person admitted to any facility shall be entitled to humane care and treatment. (2) A developmentally disabled person shall not be put in isolation. Mechanical restraints shall not be applied unless it is determined…

66-413. Individual treatment plan. (1) The head of a facility shall establish or obtain for each developmentally disabled resident or client a current individual treatment plan. This plan shall be placed in the resident’s or client’s permanent file and shall describe: (a) The res…

66-414. Developmentally disabled persons with assets sufficient to pay expenses — Liability of relatives. (1) When a developmentally disabled person has been admitted to a state operated facility voluntarily or involuntarily, the director of the facility may cause an inquiry to b…

66-501. Creation of patients’ trust fund. There shall be established in the respective offices of the superintendents or managers of each state hospital and the southwest Idaho treatment center, a fund to be known as the patients’ trust fund.

66-502. Use of money in fund by patients. Persons having money in the patient’s trust fund may, with the consent of the superintendent or attending physician, or the superintendent or attending physician on behalf of any patient may, pursuant to rules and regulations of the board…

66-503. Custody of money — Duty of superintendent or manager. All moneys so held in trust shall be kept by the superintendent or manager, subject to be returned to the person or persons from whom any part of such fund has been taken for deposit in trust, except any portion thereo…