S 58 Session 110 (1993-1994)
S 0058 General Bill, By Bryan
Similar(H 3217)
A Bill to amend Section 44-24-40, Code of Laws of South Carolina, 1976,
relating to discharge of child in need of treatment voluntarily admitted, so
as to change an incorrect reference; to amend Section 44-24-60, relating to
emergency admissions of children, so as to require the reasons why voluntary
admission is not possible as basis for emergency admission and to require
physicians performing examinations to consider medical records that are
available; to amend Section 44-24-70, relating to taking into custody a child
who may cause serious harm, so as to revise the references to certain
classifications of child patients; to amend Section 44-24-80, relating to
transporting a child to the hospital, so as to revise certificate
requirements; to amend Section 44-24-90, relating to procedures for judicial
admission, so as to revise these procedures; to amend Section 44-24-110,
relating to judicial admissions, so as to correct certain references; to amend
Section 44-24-140, relating to commitment of children for treatment, so as to
broaden the type facilities children may be committed to; to amend Section
44-24-150, relating to commitment for evaluation purposes, so as to change an
incorrect reference; to amend Section 44-24-170, relating to re-examinations,
so as to change an internal reference; and to amend Section 44-24-240,
relating to agencies providing services, so as to make a technical correction.
01/12/93 Senate Introduced and read first time SJ-41
01/12/93 Senate Referred to Committee on Medical Affairs SJ-41
A BILL
TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN
NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO
CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION
44-24-60, RELATING TO EMERGENCY ADMISSIONS OF
CHILDREN, SO AS TO REQUIRE THE REASONS WHY
VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR
EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS
PERFORMING EXAMINATIONS TO CONSIDER MEDICAL
RECORDS THAT ARE AVAILABLE; TO AMEND SECTION
44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO
MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE
REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD
PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO
TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO
REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION
44-24-90, RELATING TO PROCEDURES FOR JUDICIAL
ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO
AMEND SECTION 44-24-110, RELATING TO JUDICIAL
ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO
AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF
CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE
FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND
SECTION 44-24-150, RELATING TO COMMITMENT FOR
EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT
REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO
RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL
REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING
TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A
TECHNICAL CORRECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-24-40(2)(c) of the 1976 Code, as added by
Act 88 of 1991, is amended to read:
"(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 44-24-90."
SECTION 2. Section 44-24-60(A)(1) of the 1976 Code, as added by
Act 88 of 1991, is a2mended to read:
"(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.;
(d) the reason why the child cannot obtain treatment
voluntarily."
SECTION 3. Section 44-24-60(H) of the 1976 Code, as added by Act
88 of 1991, is amended to read:
"(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, available previous treatment
records must be considered. At least one of the examiners appointed by
the court must be a licensed physician."
SECTION 4. Section 44-24-70 of the 1976 Code, as added by Act 88
of 1991, is amended to read:
"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, in need of emergency admission 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 is
in need of emergency admission. The grounds for the belief must
be included and a statement that the usual procedure for examination
must not cannot 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 5. Section 44-24-80 of the 1976 Code, as added by Act 88
of 1991, is amended to read:
"Section 44-24-80. The certificate provided for in Section
44-24-60(A)(2) must require requires 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 6. Section 44-24-90 of the 1976 Code, as added by Act 88
of 1991, is amended to read:
"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 an interested person 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) Upon receiving a petition the court shall give the child and
his legal guardian, the guardian ad litem, if one has been appointed, and
other interested persons notice by certified mail of the petition and of the
child's right to counsel. Every reasonable effort must be made to notify
the child's natural parents of the petition.
(C) (D) 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 must be 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 7. Section 44-24-110(B) and (C) of the 1976 Code, as
added by Act 88 of 1991, is amended to read:
"(B) If the report of the examiners is that the child is not in
need of treatment judicial admission, 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 judicial admission, the court may order that
the child be detained at the place of his admission or in another
treatment facility or program."
SECTION 8. Section 44-24-140 of the 1976 Code, as added by Act 88
of 1991, is amended to read:
"Section 44-24-140. (A) If the court finds, after presentation
of all the evidence, that the child is not in need of treatment
judicial admission, 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 judicial admission,
the court may order commitment to treatment in the
department or at another program or facility that agrees to accept the
child."
SECTION 9. Section 44-24-150(C) of the 1976 Code, as added by Act
88 of 1991, is amended to read:
"(C) If a psychiatric evaluation indicates a child is in need of
treatment judicial admission, 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 Sections 44-24-90 through
44-24-140."
SECTION 10. Section 44-24-170(B) of the 1976 Code, as added by
Act 88 of 1991, is amended to read:
"(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 44-24-140. 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 11. Section 44-24-240 of the 1976 Code, as added by Act
88 of 1991, is amended to read:
"Section 44-24-240. Agencies providing services to children
or withholding holding 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 12. This act takes effect upon approval by the Governor.
-----XX----- |