S 380 Session 109 (1991-1992)
S 0380 General Bill, By Bryan, H.U. Fielding, Giese, J.C. Hayes and Peeler
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 24
to Title 44 so as to provide procedures for the commitment of children in need
of mental health treatment.
12/10/90 Senate Prefiled
12/10/90 Senate Referred to Committee on Medical Affairs
01/08/91 Senate Introduced and read first time SJ-127
01/08/91 Senate Referred to Committee on Medical Affairs SJ-127
04/23/91 Senate Committee report: Favorable with amendment
Medical Affairs SJ-238
05/21/91 Senate Recommitted to Committee on Medical Affairs SJ-150
COMMITTEE REPORT
April 23, 1991
S. 380
Introduced by SENATORS Bryan, Peeler, Hayes, Fielding and Giese
S. Printed 4/23/91--S.
Read the first time January 8, 1991.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (S. 380), to amend the Code of Laws of
South Carolina, 1976, by adding Chapter 24 to Title 44 so as to provide
procedures for the committment of children in need of mental health
treatment, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 44-24-60(F), SECTION
1, page 7, line 32, by striking /twenty/ and inserting /fifteen/ so that
when amended Section 44-24-60(F) reads:
/(F) Within forty-eight hours of receipt of the application and
certification exclusive of Saturdays, Sundays, and legal holidays, the
court shall conduct a preliminary review of the evidence to determine if
probable cause exists to continue the emergency detention of the child.
If the court finds that probable cause does not exist, it shall issue an
order of release for the child. Upon a finding of probable cause, the
court shall make a written order detailing its findings and may order the
continued detention of the child. The court shall appoint counsel for the
child if he has not retained counsel and fix a date for a full hearing to be
held within fifteen days from the date of his admission./
Amend further, Section 44-24-60(H), SECTION 1, page 7, beginning
on line 41, by deleting /, exclusive of Saturdays, Sundays, and legal
holidays,/ and page 8, line 1, by striking /the time allotted above/ and
inserting /five days/ so that when amended Section 44-24-60(H) reads:
/(H) If the court appoints these two examiners, the examination
must be performed at the place of admission and a report must be
submitted to the court within seven days from the date of admission.
The court may appoint independent examiners who shall submit a report
to the court within five days. In the process of the examination by the
examiners, previous treatment records must be considered. At least one
of the examiners appointed by the court must be a licensed physician./
Amend further, Section 44-24-230, SECTION 1, page 15, line 34, by
striking /The/ and inserting /Based on available resources and to the
extent funds are made available to the department by the General
Assembly, the/ so that when amended Section 44-24-230 reads:
/Section 44-24-230. In order to provide community-based treatment
as an alternative to hospitalization, the department shall provide or cause
to be provided a range of mental health programs for children in each
mental health center recognized by the State. Based on available
resources and to the extent funds are made available to the department
by the General Assembly, the programs must include, but are not limited
to:
(1) twenty-four hour emergency assessment;
(2) crisis stabilization;
(3) in-home intervention;
(4) therapeutic foster care;
(5) outpatient counseling, diagnostic evaluation, including
psychological testing when required, and psychiatric assessment and
evaluation;
(6) consultation with other agencies serving the child./
Amend further, Section 44-24-280, SECTION 1, page 17, beginning
on line 32, by deleting /corporal punishment,/ and line 44, after
/designee./ by inserting /No child in an inpatient treatment facility of the
department may be subjected to corporal punishment./ so that when
amended Section 44-24-280 reads:
/Section 44-24-280. No child may be subjected to mechanical or
chemical restraints, seclusion, or another form of physical coercion or
restraint unless the action is authorized by a physician as being required
to prevent a child from taking actions which are dangerous to himself or
to others or prevent an imminent and substantial disruption of the
therapeutic setting of the facility. The authorization for the action must
be entered in the child's record within one hour of the action. The
authorizations are not valid for more than eight hours unless approved
by the facility director or his designee. No child in an inpatient
treatment facility of the department may be subjected to corporal
punishment./
Amend further, SECTION 2, page 18, line 1, by striking /upon/ and
inserting /six months after/ so that when amended SECTION 2 reads:
/SECTION 2. This act takes effect six months after approval by
the Governor, except Section 44-24-230(1) takes effect July 1, 1991,
Section 44-24-230(2) takes effect July 1, 1992, Section 44-24-230(3)
takes effect July 1, 1993, Section 44-24-230(4) takes effect July 1, 1994,
Section 44-24-230(5) takes effect July 1, 1995, and Section
44-24-230(6) takes effect July 1, 1996./
Amend title to conform.
WARREN K. GIESE, for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE
PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED
OF MENTAL HEALTH TREATMENT.
Whereas, it is the purpose of this legislation to insure that children in
need of treatment receive appropriate care and treatment, to recognize
parents' authority to make medical decisions for their children, to protect
children against needless mental health services, especially
hospitalization and deprivations of liberty, and to enable medical
decisions to be made in response to clinical needs and in accordance
with sound psychiatric judgment; and
Whereas, it is the policy of South Carolina to insure basic rights to each
minor child of a treatment facility or program. These rights include the
right to dignity, humane care, and proper adult supervision and
guidance. In recognition of his status as a developing individual, the
minor must be provided opportunities to enable him to mature
physically, emotionally, intellectually, socially, and vocationally. The
least restrictive treatment alternative must be chosen in each child's case,
and every child is entitled to care and treatment suited to his own
individual needs based on an established plan of treatment. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 24
Commitment of Children in Need of
Mental Health Treatment
Section 44-24-10. As used in this chapter:
(1) `Child' means a person under the age of eighteen years.
(2) `Child in need of emergency admission' means a child who is
in need of treatment, who poses an imminent danger of seriously
harming himself or others if not immediately hospitalized, and for whom
immediate hospitalization can be obtained only through an involuntary
emergency admission.
(3) `Child in need of judicial admission' means a child who is in
need of treatment and for whom treatment can be obtained only through
an involuntary judicial admission.
(4) `Child in need of treatment' means a child in need of mental
health treatment who manifests a substantial disorder of cognitive or
emotional processes, which lessens or impairs to a marked degree that
child's capacity either to develop or to exercise age appropriate or age
adequate behavior. The behavior includes, but is not limited to, marked
disorders of mood or thought processes, severe difficulties with
self-control and judgment including behavior dangerous to self or others,
or serious disturbances in the ability to care for and relate to others. The
presence of epilepsy, mental retardation, organic brain syndrome,
physical or sensory handicaps, or brief periods of intoxication caused by
alcohol or other substances is not sufficient to meet the criteria for a
child in need of treatment but does not exclude a child otherwise
determined to fulfill the above criteria.
(5) `Court' means the probate court unless otherwise specified.
(6) `Crisis stabilization' means a short term placement to enable
a child who has lost control to regain control in order to be returned to
his previous placement or to an appropriate treatment facility or
program.
(7) `Department' means the State Department of Mental Health.
(8) `Diagnostic evaluation' means the systematic appraisal of a
child's functional level in various domains such as educational, social,
and psychological to determine the nature and extent of treatment or
services which may be required to meet the needs of the child.
(9) `In-home intervention' means comprehensive, individualized
in-home family services which are designed to intervene at times when
there is a possibility that the child will have to be removed from the
home to a more restrictive environment or to prepare a family for a
child's transition back into the home.
(10) `Law enforcement officer' means a state, county, or city police
officer, officer of the South Carolina Highway Patrol, sheriff, or deputy
sheriff.
(11) `Outpatient counseling' means a regularly scheduled
goal-oriented intervention by a competent professional responsive to the
needs of the child, for the purposes of assisting the child in solving
problems related to educational, vocational, emotional, familial, and
social issues through cognitive and affective modes.
(12) `Psychiatric assessment and evaluation' means a systematic
appraisal, in accordance with generally accepted medical practices, for
the following purposes: specialized psychiatric review of physiological
phenomena, psychiatric diagnostic evaluation, psychiatric therapeutic
evaluative services, and assessment of the appropriateness of initiating
or continuing the use of psychotropic medications in treatment of a
child.
(13) `Residential treatment program or facility' means a structured,
supportive, and therapeutic residential program for a child in need of
treatment.
(14) `Treatment team' means persons drawn from or representing
the professional disciplines or service areas included in the development
and implementation of a treatment plan.
(15) `Twenty-four-hour emergency assessment' means diagnostic
evaluation capabilities when necessary to determine a child's clinical
status and needs.
Section 44-24-20. (A) If a child is found to be a proper subject
for voluntary admission, the director of a treatment program or facility
shall admit for treatment an individual who is:
(1) sixteen years of age or older and who applies for
admission;
(2) under sixteen years of age if his parent or legal guardian
applies for admission on his behalf.
(B) A governmental agency, acting as legal guardian, admitting
a child voluntarily, shall notify the child's guardian ad litem within
forty-eight hours. If a guardian ad litem has not been appointed, the
agency shall petition the court for appointment within seventy-two
hours.
Section 44-24-30. When a child sixteen years of age or older is
admitted to an inpatient facility at the department, the probate court of
the county in which the child resides or where the child applied for
admittance shall appoint a guardian ad litem. The guardian ad litem
shall review the case and report to the court whether, in his opinion, the
child had applied voluntarily or if the application was involuntary. The
review may not exceed seven days. During the review the guardian ad
litem must have access to relevant information and must be able to
interview the parents or guardian of his ward. If the guardian ad litem
suspects the application was involuntary, he shall notify the court and
facility where the child is held. After notification, the facility shall
evaluate further the appropriateness of admission and report the findings
to the court. After reviewing the opinion of the guardian ad litem and
the facility, if the court determines the:
(1) application was involuntary and no need for commitment
exists, the child must be discharged immediately;
(2) application was voluntary and admission is necessary, there
must be no further action before periodic review;
(3) child is in need of alternative treatment other than admission
to a facility, the local mental health center is responsible for
coordinating appropriate services.
Section 44-24-40. The director of a treatment program or facility
immediately shall discharge to the parent, legal guardian, or agency a
voluntarily admitted child who:
(1) is no longer in need of that treatment program or facility; or
(2) requests his own discharge or whose discharge is requested,
in writing, by his parent or legal guardian, or other interested person,
unless at least one of the following exists:
(a) The child was admitted on his application if sixteen years of
age or older, and the request for discharge is made by a person other
than the child, in which case, discharge is conditioned upon agreement
of the child.
(b) The child, by reason of age, was admitted on the
application of another person, in which case, discharge, before becoming
sixteen years of age, is conditioned upon three days' notice, exclusive of
Saturdays, Sundays, and legal holidays, being given to and consent
being obtained from his parent or legal guardian;
(c) The director of the treatment program or facility, within three
days, exclusive of Saturdays, Sundays, and legal holidays, after the child
or other interested person requests the child's discharge, files with the
court of the county in which the child resided or was present
immediately before his admission, a petition for judicial commitment
pursuant to Section 44-24-100.
Section 44-24-50. When admitted to the residential program or
facility, thirty days after the date of admission, and every six months
after, a voluntarily admitted child must be informed in writing of his
right to release in language which is appropriate for his age. The child
shall sign a statement to that effect which becomes a part of that child's
record. The child's parent or legal guardian or other interested person
must be informed also and shall sign a statement to that effect which
becomes a part of the child's record.
Section 44-24-60. (A) A child may be admitted to an inpatient
hospital for emergency admission upon:
(1) written application under oath by an interested person
stating:
(a) belief that the child is in need of treatment and in danger
of harming himself or others as a result of his need for treatment;
(b) the specific type of serious harm thought probable if the
child is not hospitalized immediately;
(c) the factual basis for this belief;
(2) a certification in triplicate by a licensed physician stating
that he has examined the child and is of the opinion that he is a child in
need of treatment and in need of emergency admission. The certification
must contain the grounds for the opinion.
(B) A child for whom a certificate has been issued must not be
admitted on the basis of the certificate after the expiration of three
calendar days after the date of his examination.
(C) Before the emergency admission of a child to a treatment
program or facility of the department, the child must be examined by a
licensed physician. The physician shall inform the mental health center
in the county where the child resides or where the examination takes
place of the mental and physical treatment needs of the child. The
physician shall consult with the center regarding the commitment and
admission process and the available treatment options and alternatives
in lieu of hospitalization at a state psychiatric facility.
(D) The examining physician shall complete a statement that he
has consulted with the local mental health center before the admission
of the child to a state psychiatric facility. If the physician does not
consult with the center, he shall state a clinical reason for his failure to
do so. The statement must accompany the physician's certificate and
written application for emergency commitment. The department, in its
discretion, may refuse to admit a child to its facility if the physician fails
to complete the statement required by this chapter.
(E) Within twenty-four hours after his admission, exclusive of
Saturdays, Sundays, and legal holidays, the place of admission shall
forward the application and certification to the court of the county in
which the child resides or where the acts or conduct leading to his
admission occurred.
(F) Within forty-eight hours of receipt of the application and
certification exclusive of Saturdays, Sundays, and legal holidays, the
court shall conduct a preliminary review of the evidence to determine if
probable cause exists to continue the emergency detention of the child.
If the court finds that probable cause does not exist, it shall issue an
order of release for the child. Upon a finding of probable cause, the
court shall make a written order detailing its findings and may order the
continued detention of the child. The court shall appoint counsel for the
child if he has not retained counsel and fix a date for a full hearing to be
held within twenty days from the date of his admission.
(G) With each application and certification, the place of admission
also shall provide the court with an examiner appointment form listing
the names of two examiners.
(H) If the court appoints these two examiners, the examination
must be performed at the place of admission and a report must be
submitted to the court within seven days, exclusive of Saturdays,
Sundays, and legal holidays, from the date of admission. The court may
appoint independent examiners who shall submit a report to the court
within the time allotted above. In the process of the examination by the
examiners, previous treatment records must be considered. At least one
of the examiners appointed by the court must be a licensed physician.
(I) The examiner's report must be available to the child's counsel
before the full hearing.
Section 44-24-70. If a child, believed to be a child in need of
treatment and likely to cause serious harm if not hospitalized
immediately, cannot be examined by a licensed physician pursuant to
Section 44-24-60 because his whereabouts are unknown or for any other
reason, the petitioner seeking commitment pursuant to Section 44-24-60
shall execute an affidavit stating that he believes the child to be a child
in need of treatment or likely to cause serious harm if not hospitalized.
The grounds for the belief must be included and a statement that the
usual procedure for examination must not be followed and the reason.
Upon presentation of the affidavit, the court may require a law
enforcement officer to take the child into custody and transport him for
an examination by a licensed physician as provided for in Section
44-24-60. If within the twenty-four hours the child is not examined by
a licensed physician or, if upon examination, the physician does not
execute the certification provided in Section 44-24-60, the proceedings
must be terminated and the child immediately released. Otherwise,
proceedings must be held pursuant to Section 44-24-60.
Section 44-24-80. The certificate provided for in Section
44-24-60(A)(2) must require a law enforcement officer, preferably in
civilian clothes, to take the child into custody and transport him to the
hospital designated by the certification. Upon request, a law
enforcement officer shall transport the child's parent, legal guardian, or
other adult family member to accompany the child to the hospital. No
child may be taken into custody after the expiration of three days from
the date of certification. A friend or relative may transport the
individual to the hospital designated in the application, if the friend or
relative has read and signed a statement on the certificate which clearly
states that it is the responsibility of a law enforcement officer to provide
timely transportation for the patient and that the friend or relative freely
chooses to assume the responsibility. A friend or relative who chooses
to transport the patient is not entitled to reimbursements from the State
for the cost of the transportation. No child may be subjected to
mechanical restraints during transportation except upon the
determination by the law enforcement officer that restraints are
necessary to prevent the child's escape or harm to himself or others. An
officer acting in accordance with this chapter is immune from civil
liability.
Section 44-24-90. (A) Upon receipt of a petition and
certification, if any, the court shall give notice, by certified mail, of the
petition to the child and his legal guardian, a guardian ad litem, if one
has been appointed, and to other interested persons. Every reasonable
effort must be made to notify the child's natural parents of the petition.
This notice must indicate the child's right to counsel. Proceedings for
judicial admission to a treatment program or facility may begin by filing
a written petition with the court of the county where the child is present
or where the child is a resident by an interested person. The petition
must state the factual basis of the person's belief that:
(1) The child is in need of treatment.
(2) Treatment may be obtained only through an involuntary
admission.
(B) The petition may be accompanied by a certificate of an
examiner stating that he has examined the child and is of the opinion the
child is a child in need of treatment. The certificate or written statement
must contain the underlying facts upon which the examiner or petitioner
bases his conclusions.
(C) Within three days after a petition for judicial commitment is
filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall
appoint counsel to represent the child if counsel has not been retained in
the child's behalf. The court shall appoint two examiners, one of whom
is a licensed physician, to examine the child and report to the court their
findings as to the child's mental condition and the need if any, for
treatment. If the child refuses examination, the court may require a law
enforcement officer to take the child into custody and to transport him
for examination by the two examiners. After the examination, the child
must be released. A record of the examination must be made and
offered to his counsel. If the conclusions of the examination are that the
child is a child in need of treatment, the underlying facts must be
recorded as well as the conclusion. The child or his guardian may
request an additional examination by an independent examiner. The
examination must be conducted at public expense.
Section 44-24-100. Notice of the hearing for an emergency
admission or a judicial admission must be given to the child or his
guardian, his counsel, and other interested persons at least five days
before the hearing, exclusive of Saturdays, Sundays, and legal holidays.
The notice must include the time, date, and place of the hearing, a clear
statement in plain and simple language of the purpose of the
proceedings, and the possible consequences to the individual for whom
involuntary admission is sought and a copy of the petition or affidavit
and supporting certificates of the examining physician.
Section 44-24-110. (A) The written reports filed with the court by
the designated examiners must include, but are not limited to, questions
relating to whether or not the child poses an imminent danger to himself
or others, whether or not recent overt acts are indicative of a child in
need of treatment, and whether or not a less restrictive placement is
recommended and available.
(B) If the report of the examiners is that the child is not in need of
treatment, the court shall dismiss the petition and the child must be
discharged immediately by the place of admission if the child has been
admitted to a treatment facility or program.
(C) If the report of the examiners is that the child is a child in need
of treatment, the court may order that the child be detained at the place
of his admission or in another treatment facility or program.
(D) If the report of the examiners is divided, the court may
terminate the proceedings or shall designate a third examiner, who must
be a psychiatrist or psychologist trained or experienced in the treatment
of children, and order that the three examiners render a majority opinion
within three days exclusive of Saturdays, Sundays, and legal holidays.
Section 44-24-120. The child or the child's guardian may request
removal of the proceedings to another county of the State when the
convenience of witnesses and the ends of justice require it. When the
place of the proceedings is changed all other proceedings must be held
in the county to which the place of hearing is changed, unless otherwise
provided by the filed consent of the parties in writing or order of the
court. The papers must be filed or transferred accordingly.
Section 44-24-130. A person to whom notice is required may appear
at the hearing, testify and, within the discretion of the court, present and
cross-examine witnesses, and the court may receive the testimony of
other persons. The court may hold the hearing in a suitable location in
the State, without regard to whether the location is in the county of the
court conducting the hearing, when the judge is satisfied that the health
and welfare of the child concerned is best served by conducting the
hearing in a location other than the court. The hearing may be
conducted in an informal manner consistent with orderly procedure. The
court shall follow the rules of evidence applicable to the probate courts
in receiving evidence. The child or his legal guardian may have a free
transcript of the record of the proceedings.
Section 44-24-140. (A) If the court finds, after presentation of all
the evidence, that the child is not in need of treatment, the court shall
order that he must be discharged if he has been hospitalized before the
hearing.
(B) If, upon completion of the hearing and consideration of the
record, the court finds upon clear and convincing evidence that the child
is in need of treatment, he may order commitment to the department.
Section 44-24-150. (A) A family court may commit a child, who
is otherwise before the court on another matter, for purposes of
psychiatric evaluation in those instances in which an evaluation in the
community is not considered appropriate by the community mental
health center. An order of commitment for psychiatric evaluation may
not exceed fifteen days. Upon written request by the department to the
court, the evaluation period may be extended for no more than an
additional fifteen days.
(B) Upon notification by the department to the court that the
evaluation has been completed, the court shall issue an order to
implement the immediate discharge of the child from the department's
facility.
(C) If a psychiatric evaluation indicates a child is in need of
treatment, the family court may:
(1) defer to the probate court for purposes of commitment to
a range of services; or
(2) commit to a range of services utilizing the procedures and
forms applicable to the probate court pursuant to Chapter 23 and this
chapter of Title 44.
Section 44-24-160. A child admitted to an inpatient treatment
program must be examined by a member of the professional staff of the
program promptly after his admission and must be reviewed by the
treatment team within seven days after admission. Promptly after the
treatment team review, a formal program of care and treatment designed
to meet the needs of the child must be instigated. Results of all
examinations and an outline of the child's treatment program must be
entered in his clinical record. Unless the child or his legal guardian
consents in writing, no treatment may be given which is not recognized
as standard mental health treatment.
Section 44-24-170. (A) A child is entitled to have a
reexamination on his own petition or that of another interested person to
the court of the county from which he was admitted. The treatment
program must inform every child and the child's guardian of the right to
petition for reexamination. The notice must be given in writing upon
admission to the program and once during the first month of treatment
and six months thereafter during the treatment of the child in age
appropriate language and in writing.
(B) Upon receipt of the petition the court shall conduct
proceedings in accordance with applicable provisions of Sections
44-24-90 through 44-24-150. The proceedings are not required if the
petition is filed sooner than six months after the issuance of the order for
treatment or sooner than six months after the holding of a hearing
pursuant to this section. The costs must be borne by the State.
Section 44-24-180. (A) A child in need of treatment admitted
involuntarily to a mental health service which removes him from home,
must have his case reviewed by the court within twenty days of
admission and every six months. If the review determines the child is
no longer in need of mental health services or alternative services, he
must be discharged immediately.
(B) A child in need of treatment admitted involuntarily to a mental
health service where he remains at home, must have the case reviewed
sixty days after admission and every six months. If the review
determines the child is no longer in need of mental health services or in
need of alternative services, the child must be discharged immediately,
or, if necessary, the court shall request the mental health center in which
the child is being treated to refer the child to the proper alternative
services for the child.
(C) The treatment team may petition the court for review after the
initial review.
Section 44-24-190. (A) No child who has been admitted
involuntarily to a treatment facility or program may be moved from a
less restrictive program to a more restrictive program without court
approval. Court approval is not mandatory for moves from more
restrictive to less restrictive programs. The court must be notified within
twenty-four hours when a child is moved from one program to another.
(B) A child who has been admitted involuntarily to a treatment
facility or program may be placed in community crisis stabilization
without court approval for not more than five days. The head of the
facility in which the child is placed shall inform the court within three
days of placement. Court approval is mandatory to extend the period of
crisis stabilization beyond the five days and for each successive five day
extension.
(C) If the child has not been returned to an appropriate treatment
program or facility within ten days of being placed in crisis stabilization,
the court shall hold a review hearing within fifteen days of the crisis
stabilization placement to determine and order the appropriate program
for the child.
Section 44-24-200. (A) If a child committed to an inpatient
facility or a residential treatment program is absent without proper
authorization, the facility or program director immediately shall notify
the appropriate state and local law enforcement officials and the parent
or legal guardian of the absence by telephone. The notice also must be
confirmed in writing and mailed to the law enforcement officials, parent,
or legal guardian within twenty-four hours after the absence is
discovered.
(B) A law enforcement officer, upon the request of the facility
director or his designee and without necessity of a warrant or a court
order, may take the child into custody and return him to the program or
facility.
Section 44-24-210. It is unlawful for a person, without prior
authorization from the child's attending physician or his designee, to
take a child away or cause him to be taken away from the grounds of an
inpatient facility or residential treatment program. A person violating
the provisions of this section, upon conviction, must be fined not more
than one thousand dollars or imprisoned for not more than one year, or
both.
Section 44-24-220. No child may be discharged by the department
or private hospital without appropriate discharge planning. A member
of the child's treatment team shall coordinate in advance with the child's
parent or legal guardian as well as other service providers to ensure
continuity in service for the child in the community.
Section 44-24-230. In order to provide community-based treatment
as an alternative to hospitalization, the department shall provide or cause
to be provided a range of mental health programs for children in each
mental health center recognized by the State. The programs must
include, but are not limited to:
(1) twenty-four hour emergency assessment;
(2) crisis stabilization;
(3) in-home intervention;
(4) therapeutic foster care;
(5) outpatient counseling, diagnostic evaluation, including
psychological testing when required, and psychiatric assessment and
evaluation;
(6) consultation with other agencies serving the child.
Section 44-24-240. Agencies providing services to children or
withholding legal custody of children are accountable within their
legislative mandate to participate in the planning and service provision
to a child determined to be in need of treatment. Agencies shall
exchange and share records of services to the child and the child's
background.
Section 44-24-250. A parent or guardian of a child admitted to a
treatment program or facility is entitled and expected to confer at
reasonable intervals with the treating physician, psychologist, or other
members of the treatment team concerning the child's condition,
treatment, or diagnosis. The treatment facility may request that the
parent or guardian of a child hospitalized or treated must be available for
consultation and cooperation in connection with the treatment process.
The treatment facility may request that the court, as part of the relief
ordered in the commitment proceedings, order the guardian or parents
to cooperate with the treatment process if they have been party to the
action.
Section 44-24-260. A child who is a patient of a treatment facility
at all reasonable times may:
(1) communicate and consult with the agency or individual
having legal custody of him;
(2) communicate, consult, and visit with legal counsel and private
mental health service providers of his parent's or guardian's choice at his
own expense. With the consent of the child, and upon request, legal
counsel must be provided with copies of the child's treatment records.
Section 44-24-270. (A) A child who is a patient of a treatment
program has the right to:
(1) receive special education and vocational training in
addition to other forms of treatment from the State Department of
Education as required by law;
(2) participate in play, recreation, physical exercise, and
outdoor activity on a regular basis, in accordance with his needs;
(3) keep and use his own clothing and personal possessions
under appropriate supervision;
(4) participate in religious worship;
(5) receive assistance as needed in sending and receiving
correspondence and in making telephone calls at his own expense;
(6) receive visitors, under appropriate supervision;
(7) have access to individual storage space for his own use.
(B) No right enumerated in subsection (A) may be restricted
without a written statement in the child's treatment record by a member
of the child's treatment team. This statement must indicate the detailed
reason for the restrictions. A written restriction is effective for not more
than sixty days and may be renewed only by the child's attending
physician. Reason for renewal must be entered in the child's treatment
records. Renewed restrictions may not exceed thirty days.
(C) Except as otherwise provided by law, no child may be denied
the right to:
(1) hold a driver's license;
(2) marry or divorce.
(D) Unless adjudicated incompetent, no child may be denied any
other rights specified by law.
Section 44-24-280. No child may be subjected to mechanical or
chemical restraints, corporal punishment, seclusion, or another form of
physical coercion or restraint unless the action is authorized by a
physician as being required to prevent a child from taking actions which
are dangerous to himself or to others or prevent an imminent and
substantial disruption of the therapeutic setting of the facility. The
authorization for the action must be entered in the child's record within
one hour of the action. The authorizations are not valid for more than
eight hours unless approved by the facility director or his
designee."
SECTION 2. This act takes effect upon approval by the Governor,
except Section 44-24-230(1) takes effect July 1, 1991, Section
44-24-230(2) takes effect July 1, 1992, Section 44-24-230(3) takes effect
July 1, 1993, Section 44-24-230(4) takes effect July 1, 1994, Section
44-24-230(5) takes effect July 1, 1995, and Section 44-24-230(6) takes
effect July 1, 1996.
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