H*3076 Session 109 (1991-1992)
H*3076(Rat #0150, Act #0088 of 1991) General Bill, By P.B. Harris, Carnell,
J.L. Harris, J.G. Mattos, C.Y. Waites and L.S. Whipper
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; and to amend Section 44-15-60, relating to
community mental health boards, so as to authorize consecutive service and
delete obsolete provisions.-amended title
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/08/91 House Introduced and read first time HJ-58
01/08/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-58
04/11/91 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-7
04/18/91 House Amended HJ-49
04/18/91 House Read second time HJ-50
04/18/91 House Unanimous consent for third reading on next
legislative day HJ-50
04/19/91 House Read third time and sent to Senate HJ-3
04/23/91 Senate Introduced, read first time, placed on calendar
without reference SJ-237
04/25/91 Senate Amended SJ-62
04/25/91 Senate Read second time SJ-75
04/25/91 Senate Unanimous consent for third reading on next
legislative day SJ-75
04/26/91 Senate Read third time and returned to House with
amendments SJ-2
05/01/91 House Senate amendment amended HJ-46
05/01/91 House Returned to Senate with amendments HJ-47
05/07/91 Senate Concurred in House amendment and enrolled SJ-7
05/21/91 Ratified R 150
05/27/91 Signed By Governor
05/27/91 Act No. 88
05/27/91 See act for exception to or explanation of
effective date
06/25/91 Copies available
(A88, R150, H3076)
AN ACT 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; AND TO AMEND
SECTION 44-15-60, RELATING TO COMMUNITY MENTAL HEALTH
BOARDS, SO AS TO AUTHORIZE CONSECUTIVE SERVICE AND
DELETE OBSOLETE PROVISIONS.
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:
Commitment of children in need of mental health treatment
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 fifteen 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 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.
(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. 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.
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, 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."
Consecutive service on community mental health boards
SECTION 2. Section 44-15-60 of the 1976 Code is amended to
read:
"Section 44-15-60. Every county, city, town, or political
subdivision, or combination of them, establishing a community mental
health services program, before it may come within this article, shall
establish a community mental health board to be made up of not less than
seven nor more than fifteen members. Membership of the boards, so far as
may be practicable, must be representatives of local health departments,
medical societies, county welfare boards, hospital boards, and lay
associations concerned with mental health as well as labor, business, and
civic groups, and the general public. At least one member of the board
must be a medical doctor licensed to practice medicine in this State. The
members must be appointed by the Governor upon the recommendation of
a majority of the members of the legislative delegations of the counties
participating. A county legislative delegation may delegate their authority
to recommend to the governing body of the county they represent by
resolution of the delegation. The resolution is not revocable, and copies of
the resolution must be sent to the Governor, the Department of Mental
Health, and the governing bodies of the counties concerned. The number
of members representing each county must be proportional to its share of
the budget. The term of office of each member of the community mental
health board is four years and until his successor is appointed. Vacancies
must be filled for the unexpired term in the same manner as original
appointments. A member of a board may be removed by the appointing
authority for neglect of duty, misconduct, or malfeasance in office, after
being given a written statement of charges and an opportunity to be heard
on them. A person may serve consecutive terms."
Time effective
SECTION 3. 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.
Approved the 27th day of May, 1991. |