H*3217 Session 110 (1993-1994)
H*3217(Rat #0056, Act #0030) General Bill, By S.S. Wofford
Similar(S 58)
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.
01/20/93 House Introduced and read first time HJ-15
01/20/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-15
02/24/93 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-4
02/25/93 House Read second time HJ-9
03/02/93 House Read third time and sent to Senate HJ-36
03/03/93 Senate Introduced and read first time SJ-10
03/03/93 Senate Referred to Committee on Medical Affairs SJ-10
03/11/93 Senate Committee report: Favorable Medical Affairs SJ-21
03/16/93 Senate Read second time SJ-23
03/18/93 Senate Read third time and enrolled SJ-15
04/20/93 Ratified R 56
04/23/93 Signed By Governor
04/23/93 Effective date 04/23/93
05/25/93 Copies available
(A30, R56, H3217)
AN ACT 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:
Petition for commitment
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
44-24-90."
Contents of application for emergency admission
SECTION 2. Section 44-24-60(A)(1) of the 1976 Code, as added by Act
88 of 1991, is amended 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."
Emergency admission examinations
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."
Taking custody of child needing emergency admission
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 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 is in need of emergency
admission. The grounds for the belief must be included and a statement
that the usual procedure for examination 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."
Transporting child to hospital
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) 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."
Petition and proceedings for judicial admission
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) Proceedings for judicial admission to a
treatment program or facility 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. 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.
(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 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."
Dispositon of child based on examiners' reports
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 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
judicial admission, the court may order that the child be detained at the
place of his admission or in another treatment facility or
program."
Disposition of child based on presentation of evidence
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 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 judicial admission, the court may order treatment in the department or at
another program or facility that agrees to accept the child."
Authority to commit
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
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, Sections 44-24-90
through 44-24-140."
Proceedings upon petition for reexamination
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 44-24-140. 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."
Agencies to participate in planning and providing services
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
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."
Time effective
SECTION 12. This act takes effect upon approval by the Governor.
Approved the 23rd day of April, 1993. |