reglab/housing_qa huggingface dataset:
ID Code § 16-2407 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2407 - VOLUNTARY ADMISSION TO HOSPITAL OR RESIDENTIAL TREATMENT FACILITY.

16-2407. VOLUNTARY ADMISSION TO HOSPITAL OR RESIDENTIAL TREATMENT FACILITY. When the department provides services under this chapter, such services shall be provided on a voluntary basis whenever informed consent can be obtained, and the department shall ensure that services made available to children subject to involuntary treatment orders are also available on a comparable basis to children seeking services on a voluntary basis. (1) Admission of children. A treatment facility may admit a child after examining the child and interviewing the family, if a clinician with authority to admit patients to the facility determines that the child is seriously emotionally disturbed and is in need of hospitalization or residential services and, the child’s parent, custodian or guardian give such consent to treatment. Prior to such admission, the child and his parent, custodian or guardian shall be advised orally and given a written statement of his rights under this chapter as provided in section 16-2426, Idaho Code, provided that, if the condition of the child is such that notice and advice of his rights would be ineffective, and this determination is recorded in the child’s record, such advice to the child may be deferred until the child’s mental and emotional condition permits, but for no more than forty-eight (48) hours. Each child and parent shall be asked to sign an acknowledgment that they have been so advised, and this acknowledgment shall be kept in the child’s record. (2) A child shall not be voluntarily admitted to a facility operated by the department unless evaluated and referred by a person on the staff of the regional family and children’s services program. (3) When a child is in a voluntary, out-of-home placement which is funded in whole or in part by state or federal funds, the department may have the propriety of the placement reviewed by the district court of the county in which the child is placed or the county of the child’s residence every one hundred eighty (180) days after placement or as required by statutes which govern federal funding for children who are placed out of their homes.  History: [16-2407, added 1997, ch. 404, sec. 1, p. 1286.]
ID Code § 16-2408 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2408 - DISCHARGE OR PETITION FOR ONE HUNDRED TWENTY DAY TREATMENT ORDER.

16-2408. DISCHARGE OR PETITION FOR ONE HUNDRED TWENTY DAY TREATMENT ORDER. Any child who is voluntarily admitted to a treatment facility upon the consent of his parents or guardian shall be discharged within three (3) business days of a written request for discharge by the consenting person unless such request is withdrawn in writing or there is other legal authority to hold the child at the facility.  History: [16-2408, added 1997, ch. 404, sec. 1, p. 1287.]
ID Code § 16-2409 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2409 - CONVERSION FROM INVOLUNTARY TO VOLUNTARY STATUS.

16-2409. CONVERSION FROM INVOLUNTARY TO VOLUNTARY STATUS. Upon approval by the court, a child who is subject to involuntary treatment under this chapter may at any time convert to a voluntary status if informed consent to treatment can be obtained from his parent or guardian. The court shall approve conversion from involuntary to voluntary status if the court finds that: (1) (a) The child is not likely to cause harm to himself or suffer substantial mental or physical deterioration; and (b) The child is not likely to cause harm to others; or (2) The conversion from involuntary to voluntary status is in the best interests of the child and consistent with the requirements of public safety.  History: [16-2409, added 1997, ch. 404, sec. 1, p. 1287; am. 2005, ch. 307, sec. 2, p. 957.]
ID Code § 16-2410 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2410 - REVIEW OF VOLUNTARY ADMISSION.

16-2410. REVIEW OF VOLUNTARY ADMISSION. A child admitted on the consent of his parents, shall have his admission reviewed at the end of a thirty (30) day period from the initial date of admission to the program. The review shall be accomplished by having the child’s treating clinician review the child’s treatment and determine whether continued out-of-home treatment at the facility is still necessary and consistent with the least restrictive alternative principle. If the clinician decides that it is, he or she shall record the findings on a form to be filed in the child’s record. The facility shall notify the child and his parents at least seven (7) days prior to the thirty (30) day review and give them an opportunity to comment on the need, if any, for continued inpatient or residential treatment. The facility shall ensure that the child and his parents are aware of the right to request discharge as set forth above. If the facility staff determines that the parent of the child understands these rights and the parent of the child desires to continue treatment, then the facility staff shall so certify on a form designated by the department. These forms shall be kept in the child’s patient record, and sent to the child’s parent, guardian or custodian. This procedure shall take place every thirty (30) days from the date of the last admission.  History: [16-2410, added 1997, ch. 404, sec. 1, p. 1287.]
ID Code § 16-2412 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2412 - EMERGENCY TREATMENT UPON CERTIFICATION BY DESIGNATED EXAMINER.

16-2412. EMERGENCY TREATMENT UPON CERTIFICATION BY DESIGNATED EXAMINER. A child may be taken into protective custody by a peace officer, or accepted by an ambulance service, and transported and presented to a treatment facility for emergency evaluation and treatment when a designated examiner certifies in writing that he has examined the child within the last seventy-two (72) hours and that on such basis he has probable cause to believe that such child is suffering from serious emotional disturbance as a result of which he is likely to: (1) Harm himself or others; or (2) Suffer substantial mental or physical deterioration; and (3) Require immediate treatment to prevent such harm; and (4) Less restrictive alternatives have been considered and the detention and treatment proposed is consistent with the least restrictive alternative principle.  History: [16-2412, added 1997, ch. 404, sec. 1, p. 1288.]
ID Code § 16-2413 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2413 - EMERGENCY ADMISSION AND TREATMENT FACILITY DETERMINATION.

16-2413. EMERGENCY ADMISSION AND TREATMENT FACILITY DETERMINATION. Upon the presentation of a child to a treatment facility pursuant to section 16-2411, Idaho Code, the facility shall accept the child and shall promptly examine him to determine whether he meets the criteria for emergency evaluation and treatment set forth below. (1) The child shall be admitted for emergency evaluation and treatment only if a clinician with authority to admit the child determines that there is probable cause to believe that such child is suffering from serious emotional disturbance as a result of which he is likely to: (a) Harm himself or others; or (b) Suffer substantial mental or physical deterioration; or (c) Cause harm to others and immediate treatment is necessary to prevent such harm; and (d) Less restrictive alternatives have been considered and the placement and treatment proposed is consistent with the least restrictive alternative principle. (2) If the examining physician determines that there is not probable cause to believe that the child meets the criteria for emergency evaluation and treatment, the child shall be released to his parents who shall arrange transportation. If the child was presented to the treatment facility by a law enforcement officer and was otherwise subject to detention for a juvenile or criminal offense, he shall remain under the protective custody of the law enforcement officer. The treatment facility shall notify the law enforcement officer and detain the child until law enforcement responds to transport the child to detention. (3) The treatment facility shall advise any child admitted for emergency evaluation and treatment of the purposes and possible duration of emergency evaluation and of his rights under this chapter as soon after admission as his medical condition permits in the manner prescribed in section 16-2426, Idaho Code.  History: [16-2413, added 1997, ch. 404, sec. 1, p. 1289.]
ID Code § 16-2414 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2414 - ORDER FOR EMERGENCY EVALUATION.

16-2414. ORDER FOR EMERGENCY EVALUATION. Each child who is admitted to a treatment facility under section 16-2413, Idaho Code, shall, within twenty-four (24) hours of being taken into protective custody, be released to his parent or guardian, unless a court order authorizing emergency evaluation has been obtained. (1) The evidence supporting the claim that an emergency exists with respect to the child shall be submitted to a court of competent jurisdiction. If the court finds that an emergency situation exists, it shall issue an order for emergency evaluation, which shall authorize the treatment facility to hold the child for up to forty-eight (48) hours at which time he shall be released to his parent or guardian, unless valid consent to voluntary treatment has been obtained under section 16-2407, Idaho Code, or other legal authority is sought to hold the child. (2) Each child and parent shall also be informed orally and in writing by the evaluation facility of the purposes and the possible consequences of the proceedings, the allegations in the petition, the child’s right to communicate with an attorney, and the right to receive necessary and appropriate treatment. (3) At all stages of the proceeding the court shall consider whether treatment may be voluntarily obtained by the child and his family. If the treatment can be voluntarily obtained, the petition shall be dismissed. (4) The court may also order that the prosecuting attorney of the county review the appropriateness of the case for filing a petition under the child protective act or the juvenile corrections act. (5) A child shall not be admitted under this section to a facility operated by the department unless evaluated and authorized by a staff of the regional family and children’s services program.  History: [16-2414, added 1997, ch. 404, sec. 1, p. 1289.]
ID Code § 16-2415 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2415 - DISPOSITIONAL AUTHORITY.

16-2415. DISPOSITIONAL AUTHORITY. (1) Whenever the involuntary treatment of the child requires payment from public funds, other than medicaid funds, the department, or other funding agency shall have the authority to determine the placement for the child and to make decisions concerning the purchase and provision of mental health services, consistent with the plan of treatment approved by the court. (2) When the cost of the child’s treatment can be paid from private sources or by medicaid, the parent shall have the authority to determine the child’s placement and services, consistent with the plan of treatment approved by the court. (3) All expenditures under the medicaid program shall be governed by the laws and rules applicable to that program. (4) The department shall issue a disposition order within two (2) days of the order for involuntary treatment.  History: [16-2415, added 1997, ch. 404, sec. 1, p. 1290; am. 2005, ch. 307, sec. 3, p. 957.]
ID Code § 16-2416 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2416 - ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.

16-2416. ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER. (1) Children may be treated involuntarily for a period of up to one hundred twenty (120) days upon a petition filed by the treatment facility or by the parent, guardian, prosecuting attorney or other interested party. The petition shall set forth the facts supporting the allegations and, in the case of petitions filed by a treatment facility, shall describe why the child requires treatment, a detailed description of the symptoms or behaviors of the child that support the allegations in the petition, a list of the names and addresses of any witnesses the petitioner intends to call at the involuntary treatment hearing. The petition shall also contain a statement of the alternatives to court-ordered involuntary treatment that have been considered and the reasons for rejecting the alternatives. The petition shall be filed with the court and copies shall be served upon the person and upon a parent, the next of kin, guardian or custodian and the person’s attorney. The copies of the petition shall be accompanied by a notice advising of the child’s rights concerning the proceeding. (2) Upon filing of a petition for involuntary treatment of a child who is not currently under emergency evaluation or voluntary admission, the court shall issue a summons to the child to submit to an examination by two (2) designated examiners. At least one (1) designated examiner shall be a psychiatrist, licensed physician or licensed psychologist. Each designated examiner shall promptly prepare a report on his examination and file it with the court. Copies shall be promptly served upon the child, parent, custodian, guardian and the child’s attorney.  History: [16-2416, added 1997, ch. 404, sec. 1, p. 1290; am. 2005, ch. 307, sec. 4, p. 957.]
ID Code § 16-2417 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2417 - HEARING ON THE ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.

16-2417. HEARING ON THE ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER. (1) Every child for whom a petition for involuntary treatment has been filed, shall be notified by the court sufficiently in advance to be able to prepare for the hearing and shall receive a prompt hearing. For children confined for emergency psychiatric evaluation or currently under voluntary admission, this hearing shall take place within three (3) business days of the filing of the petition. (2) The child shall be present at the hearing unless the court finds: (a) That he has knowingly and voluntarily waived such a right after consulting with counsel, and his counsel shall submit a verified written statement to the court explaining the attorney’s understanding of the child’s intent; or (b) That because his behavior at the hearing is so disruptive, it cannot reasonably continue in his presence. Hearings may be held in the treatment facility whenever the child is an inpatient at the time of the hearing. (3) Any child who is unable to pay for counsel shall have the right to be provided with counsel at public expense to prepare for and represent him at the hearings. (4) The prosecuting attorney shall represent the interests of the state at the hearing. (5) The Idaho rules of evidence and the Idaho rules of civil procedure shall be applied so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties. (6) The child shall have the right: (a) To be represented by counsel; (b) To present evidence, including testimony of a mental health professional of his own choosing; (c) To cross-examine witnesses; (d) To a complete record of the proceedings; (e) To an expeditious appeal of an adverse ruling. (7) At the conclusion of the hearing, or within one (1) business day thereafter, the court shall make its findings. (8) The court shall enter an order discharging the child unless it finds by clear and convincing evidence that the child satisfies all criteria for involuntary treatment in section 16-2418, Idaho Code, in which event it shall enter an involuntary treatment order as provided in section 16-2416, Idaho Code, for evaluation and treatment for a period of no longer than one hundred twenty (120) days. (9) If at any time during a one hundred twenty (120) day (or any subsequent) period of involuntary treatment, a child is absent without permission, the involuntary treatment order constitutes a continuing authorization and responsibility to the treatment facility and to any law enforcement officer to procure his return.  History: [16-2417, added 1997, ch. 404, sec. 1, p. 1291.]
ID Code § 16-2418 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2418 - CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.

16-2418. CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER. (1) A child may be treated involuntarily, and placed at a facility, according to the disposition of the department under section 16-2415, Idaho Code, for a period of up to one hundred twenty (120) days if, after the hearing provided in section 16-2417, Idaho Code, the court determines on the basis of clear and convincing evidence that: (a) The child is suffering from severe emotional disturbance; and (b) There is reasonable prospect that his illness is treatable by a facility or program operated by the department or other facility available to the department for treatment of children with serious emotional disturbance; and (c) A child’s parent or guardian refuses or is unable to adequately provide for the treatment of the child consistent with the requirements of public safety; and (d) As the result of serious emotional disturbance, the child is: (i) Likely to cause harm to himself or suffer substantial mental or physical deterioration; or (ii) Likely to cause harm to others. (2) Within seven (7) days after entry of the order for involuntary commitment, the department of health and welfare shall develop a plan of treatment to be approved by the court which includes: (a) A proposed placement and projections for aftercare upon completion of treatment; (b) Specific behavioral goals by which the success of the treatment can be measured; and (c) Evidence of attempts to involve the patient and the patient’s family in the development of the plan. (3) The plan of treatment shall be consistent with the least restrictive alternative principle. (4) The court may conduct a review hearing at any time to monitor compliance and to make any significant adjustment from the plan of treatment during the period of involuntary commitment.  History: [16-2418, added 1997, ch. 404, sec. 1, p. 1292; am. 2005, ch. 307, sec. 5, p. 958.]
ID Code § 16-2419 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2419 - EFFECT OF INVOLUNTARY TREATMENT ORDERS ON PARENTAL RIGHTS AND CUSTODY.

16-2419. EFFECT OF INVOLUNTARY TREATMENT ORDERS ON PARENTAL RIGHTS AND CUSTODY. If an order for involuntary treatment is issued, the parents, guardian or custodian of the child will retain all parental rights, including legal custody of the child, or the orders for involuntary treatment and disposition. The department of health and welfare shall acquire physical custody of the child and the right to determine the disposition and placement of the child whenever the placement requires the expenditure of public funds as provided in section 16-2415, Idaho Code, consistent with the plan of treatment approved by the court.  History: [16-2419, added 1997, ch. 404, sec. 1, p. 1292; am. 2005, ch. 307, sec. 6, p. 959.]
ID Code § 16-2420 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2420 - SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT.

16-2420. SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT. Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatment may be extended for periods of up to one hundred eighty (180) days upon a petition filed with the court by the treatment facility or by the child’s parent, or guardian, or other interested party. (1) The petition shall include a statement why the child still meets the criteria for involuntary treatment, what treatment has been provided and what progress has been made, why a further period of involuntary treatment is warranted, and the identity of any person who has knowledge concerning the case. The petition shall be promptly served upon the child, the child’s parent, custodian, or guardian, and the child’s attorney. (2) The child shall be entitled to a hearing before the court on the petition on or before the first business day following expiration of the operative period of involuntary treatment and shall have the same rights to which he was entitled at the initial hearing on involuntary treatment in section 16-2417, Idaho Code. (3) The court shall order that the child be discharged unless it determines by clear and convincing evidence that: (a) The child still satisfies the criteria for involuntary treatment; and (b) That there is a reasonable prospect that a substantial therapeutic purpose would be served by a further period of involuntary treatment. (4) Additional involuntary treatment orders for periods up to one hundred eighty (180) days each may be ordered in accordance with this section.  History: [16-2420, added 1997, ch. 404, sec. 1, p. 1292.]
ID Code § 16-2421 (2021)
2021 Idaho Code|Title 16 - JUVENILE PROCEEDINGS|Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES|Section 16-2421 - WAIVER OF RIGHT TO BE PRESENT AT HEARINGS.

16-2421. WAIVER OF RIGHT TO BE PRESENT AT HEARINGS. A child may waive the right to be present at any hearing to which he is entitled under this section by filing a written waiver that the court finds is knowingly and voluntarily executed by the child. The child’s attorney shall consult with him and determine whether the child understands his rights and desires to waive his right to be present at the hearing. The attorney shall then submit a verified written statement to the court explaining the attorney’s understanding of the child’s intent. By waiving the right to be present at the hearing, the child waives no other rights.  History: [16-2421, added 1997, ch. 404, sec. 1, p. 1293.]