reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-334 - TRANSFER OF PATIENTS BETWEEN CERTAIN INPATIENT TREATMENT FACILITIES.

66-334. TRANSFER OF PATIENTS BETWEEN CERTAIN INPATIENT TREATMENT FACILITIES. (a) The department director or his designee may transfer, or authorize the transfer of, an involuntary patient from one inpatient treatment facility to another, if he determines that it would be consistent with the mental health needs of the patient to do so. Whenever a patient is transferred, written notice thereof shall be given to the patient’s attorney, either the patient’s spouse, guardian, adult next of kin or friend and the committing court.
(b) Upon receipt of a certificate of an agency of any other state or private facility in any state, that facilities are available for the care or treatment of any patient committed or otherwise being cared for and treated pursuant to this chapter and that the patient is eligible for care or treatment in a facility of such agency, or if the patient or his next of kin or his guardian wish to have him cared for in some other facility, the department director or his designee may transfer him to such facility for care or treatment. Upon effecting any such transfer, the patient’s attorney, either the patient’s spouse, guardian, adult next of kin or friend and the committing court shall be immediately notified of such transfer. Any patient transferred as herein provided shall be deemed to be in the custody of such facility to the same extent and subject to the same limitations as if he had been ordered to be placed in its custody under section 66-329, Idaho Code.
(c) Records pertaining to the patient and retained by the sending facility shall be forwarded to the receiving facility within a reasonable time prior to or after the patient’s transfer.
(d) Jurisdiction is retained in appropriate courts of this state at any time to inquire into the mental condition of any patient so transferred and to determine the necessity for continuance of the commitment.
History:
[66-334, added 1951, ch. 290, sec. 18, p. 622; am. 1959, ch. 207, sec. 12, p. 439; am. 1973, ch. 173, sec. 14, p. 363; am. 1974, ch. 165, sec. 13, p. 1405; am. 1981, ch. 114, sec. 23, p. 188.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-335 - COMMITMENT OF MENTALLY ILL CONVICTS.

66-335. COMMITMENT OF MENTALLY ILL CONVICTS. Mentally ill convicts may be received into said facilities in accordance with rules and regulations adopted by the board of health and welfare acting in conjunction with the state board of correction.
History:
[66-335, added 1951, ch. 290, sec. 19, p. 622; am. 1973, ch. 173, sec. 15, p. 363; am. 1981, ch. 114, sec. 24, p. 189.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-341 - EXEMPTIONS FROM LIABILITY.

66-341. EXEMPTIONS FROM LIABILITY. No agency, public or private facility, nor an employee of a public or private facility, nor the superintendent, professional person in charge, or attending staff of any such facility, nor any public official performing functions necessary to the administration of this chapter, nor a peace officer responsible for detaining or transporting a person pursuant to this chapter, shall be civilly or criminally liable for detaining, failing to detain, diagnosing, transporting, treating or releasing a person pursuant to this chapter; provided that such duties were performed according to the procedures of this chapter in good faith and without gross negligence.
History:
[66-341, added 1981, ch. 114, sec. 29, p. 191; am. 2006, ch. 214, sec. 6, p. 649.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-343 - PETITION FOR REEXAMINATION OF ORDER OF COMMITMENT.

66-343. PETITION FOR REEXAMINATION OF ORDER OF COMMITMENT. All patients committed pursuant to section 66-329, Idaho Code, shall be entitled to a reexamination of the order for or conditions of his commitment on his own petition, or that of his legal guardian, parent, spouse, relative, attorney or friend, to the district court of the county in which the patient was committed or is found. Within three (3) years of the effective date of this act, the department shall petition for the reexamination of all patients committed pursuant to section 66-329, Idaho Code, prior to the effective date of this act. Upon receipt of the petition the court shall determine whether the conditions justifying involuntary care and treatment continue to exist except that such proceedings shall not be required to be conducted if the petition is filed sooner than four (4) months after the issuance of the order of commitment or sooner than one (1) year after the filing of a previous petition under this section.
History:
[66-343, added 1951, ch. 290, sec. 27, p. 622; am. 1959, ch. 207, sec. 17, p. 439; am. 1973, ch. 173, sec. 21, p. 363; am. 1981, ch. 114, sec. 31, p. 192.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-344 - RIGHT TO HUMANE CARE AND TREATMENT.

66-344. RIGHT TO HUMANE CARE AND TREATMENT. Every patient shall be entitled to humane care and treatment.
History:
[66-344, added 1951, ch. 290, sec. 28, p. 622; am. 1973, ch. 173, sec. 22, p. 363.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-345 - RESTRAINTS AND SECLUSION.

66-345. RESTRAINTS AND SECLUSION. Restraints shall not be applied to a patient nor shall a patient be secluded unless it is determined that such restraint or seclusion is necessary for the patient’s safety or for the safety of others. Every instance of a restraint or seclusion of a patient shall be documented in the clinical record of the patient. In addition, every instance of a restraint or seclusion shall be evaluated and the evaluation and reasons for such restraint or seclusion shall be made a part of the clinical record of the patient under the signature of a licensed physician or, as delegated through the bylaws of the hospital’s medical or professional staff, other practitioners licensed to practice independently. Whenever a peace officer deems it necessary to apply restraints to a patient while transporting the patient from one (1) facility to another and that restraint is against the medical advice of a licensed physician, the officer shall document the use of restraints in a report to be included in the clinical record.
History:
[66-345, added 1951, ch. 290, sec. 29, p. 622; am. 1973, ch. 173, sec. 23, p. 363; am. 1981, ch. 114, sec. 32, p. 192; am. 2001, ch. 339, sec. 1, p. 1201; am. 2014, ch. 111, sec. 1, p. 321.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-346 - RIGHT TO COMMUNICATION AND VISITATION — EXERCISE OF CIVIL RIGHTS.

66-346. RIGHT TO COMMUNICATION AND VISITATION — EXERCISE OF CIVIL RIGHTS. (a) Every patient shall have the following rights:
(1) To communicate by sealed mail or otherwise, with persons, inside or outside the facility and to have access to reasonable amounts of letter writing material and postage;
(2) To receive visitors at all reasonable times;
(3) To wear his own clothes; to keep and use his own personal possessions including toilet articles; to keep and be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases; to have access to individual storage space for his private use;
(4) To refuse specific modes of treatment;
(5) To be visited by his attorney or any employee of his attorney’s firm, or a representative of the state protection and advocacy system at any time;
(6) To exercise all civil rights, including the right to dispose of property except property described in subsection (3) above, execute instruments, make purchases, enter into contractual relationships, and vote unless limited by prior court order;
(7) To have reasonable access to all records concerning himself.
(b) Notwithstanding any limitations authorized under this section on the right of communication, every patient shall be entitled to communicate by sealed mail with the court, if any, which ordered his commitment.
(c) The director of a facility may deny a patient’s rights under this section, except that the rights enumerated in subsections (a)(5) and (a)(6) of this section, shall not be denied by the director of the facility under any circumstances. Only in cases of emergency or when a court has determined that a patient lacks capacity to make informed decisions about treatment, may the director of a facility deny a patient’s rights under subsection (a)(4) of this section. A statement explaining the reasons for any denial of a patient’s rights shall be immediately entered in his treatment record and if the patient has been committed pursuant to court order, copies of such statement shall be submitted to the committing court and sent to the patient’s spouse, guardian, adult next of kin or friend and attorney, if any.
(d) A list of the foregoing rights shall be prominently posted in all facilities and brought to the attention of the patient by such means as the board of health and welfare shall designate.
History:
[66-346, added 1951, ch. 290, sec. 30, p. 622; am. 1973, ch. 173, sec. 24, p. 363; am. 1981, ch. 114, sec. 33, p. 192; am. 2004, ch. 315, sec. 2, p. 886.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-347 - WRIT OF HABEAS CORPUS.

66-347. WRIT OF HABEAS CORPUS. Any individual detained pursuant to this act shall be entitled to the writ of habeas corpus upon proper petition by himself or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which he is detained.
History:
[66-347, added 1951, ch. 290, sec. 31, p. 622.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-348 - DISCLOSURE OF INFORMATION.

66-348. DISCLOSURE OF INFORMATION. All certificates, applications, records, and reports made for the purpose of this act and directly or indirectly identifying a patient or former patient or an individual whose involuntary assessment, detention or commitment is being sought under this act shall be kept subject to disclosure according to chapter 1, title 74, Idaho Code; provided that such records may also be disclosed to any person:
(1) If the individual identified, his attorney in fact for mental health care, or his legal guardian, if any, shall consent; or
(2) If disclosure may be necessary to carry out any of the provisions of this act; or
(3) If a court directs upon its determination that disclosure is necessary and that failure to make disclosure would be contrary to the public interest.
History:
[66-348, added 1951, ch. 290, sec. 32, p. 622; am. 1953, ch. 264, sec. 4, p. 455; am. 1973, ch. 173, sec. 25, p. 363; am. 1990, ch. 213, sec. 91, p. 553; am. 1998, ch. 77, sec. 1, p. 279; am. 2015, ch. 141, sec. 164, p. 510.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-349 - PENALTY FOR VIOLATION.

66-349. PENALTY FOR VIOLATION. Any person violating any provisions of sections 66-344, 66-345, 66-346, 66-347, or 66-348[, Idaho Code,] shall be guilty of a misdemeanor and subject to a fine of not more than $500 and imprisonment for not more than one (1) year.
History:
[66-349, added 1951, ch. 290, sec. 33, p. 622.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-350 - DETENTION PENDING JUDICIAL DETERMINATION.

66-350. DETENTION PENDING JUDICIAL DETERMINATION. Notwithstanding any other provision of this act, no patient with respect to whom proceedings for judicial commitment have been commenced shall be released or discharged during the pendency of such proceedings unless ordered by the court or a judge thereof upon the application of the patient, or his legal guardian, parent, spouse, or next of kin, or upon the report of the director of the facility that the patient may be discharged with safety.
History:
[66-350, added 1951, ch. 290, sec. 34, p. 622; am. 1973, ch. 173, sec. 26, p. 363.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-351 - REPAYMENT OF MONEY ON DISCHARGE OF PATIENT.

66-351. REPAYMENT OF MONEY ON DISCHARGE OF PATIENT. If, at the time of the discharge of a person from any facility, or after the death and burial of any person therein confined, there remain in the custody of the director of the facility any unexpended moneys paid for the support or maintenance of such person, they must, upon demand, be repaid to the person or his personal representative.
History:
[66-351, added 1951, ch. 290, sec. 35, p. 622; am. 1973, ch. 173, sec. 27, p. 363; am. 1981, ch. 114, sec. 34, p. 193.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-352 - MONEY FOUND ON MENTALLY ILL PERSONS — DISPOSITION.

66-352. MONEY FOUND ON MENTALLY ILL PERSONS — DISPOSITION. Any moneys, or other things of value, found on the person of a mentally ill person at the time of proceedings for involuntary commitment must be certified to by the judge and sent with such person to the facility, there to be delivered to the director of the facility who shall hold said money in trust as provided in chapter 5 of title 66, Idaho Code. All money received by or for a patient, voluntarily or involuntarily committed, while at the facility shall be placed in trust as provided in said chapter 5.
History:
[66-352, added 1951, ch. 290, sec. 36, p. 622, am. 1967, ch. 357, sec. 1, p. 1004; am. 1973, ch. 173, sec. 28, p. 363.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-354 - MENTALLY ILL PERSON WITH ASSETS SUFFICIENT TO PAY EXPENSES — LIABILITY OF RELATIVES.

66-354. MENTALLY ILL PERSON WITH ASSETS SUFFICIENT TO PAY EXPENSES — LIABILITY OF RELATIVES. (1) When a mentally ill person has been admitted to a state facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of such person and of the relatives of such person legally liable for his or her support, and if it is found that such person or said relatives, legally liable for the support of the patient, are able to pay the expenses for commitment proceedings and the charges for the care and treatment of the patient in the facility, in whole or in part, it shall be the duty of the director of the facility to collect such expenses and such charges, and if necessary to institute in the name of the state, a civil suit against the person or persons liable therefor.
(2) The following relatives shall be bound by law to provide for the expenses and charges for the commitment, care, and treatment of such mentally ill person referred to in this chapter: a spouse, the parent for his or her minor child or minor children, and the adult children for their parents.
History:
[66-354, added 1951, ch. 290, sec. 38, p. 622; am. 1973, ch. 173, sec. 30, p. 363; am. 1981, ch. 114, sec. 35, p. 193; am. 2022, ch. 93, sec. 13, p. 276.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-355 - APPOINTMENT OF GUARDIAN — INCOMPETENCY OF MENTALLY ILL PERSON REQUIRES SEPARATE PROCEEDINGS — LIABILITY FOR CARE AND TREATMENT COSTS.

66-355. APPOINTMENT OF GUARDIAN — INCOMPETENCY OF MENTALLY ILL PERSON REQUIRES SEPARATE PROCEEDINGS — LIABILITY FOR CARE AND TREATMENT COSTS. The incompetency of a mentally ill person shall be determined in the same manner that incompetency is determined in any other person and shall be a separate judicial proceeding. Any guardian appointed in the case of a mentally ill incompetent person, is subject to all the provisions of the general laws of the state of Idaho in relation to guardians and wards. Whenever a mentally ill person is receiving care and treatment in a facility in the event that incompetency is adjudicated and a guardian appointed, the court on determining the incompetency must inquire into the ability of the mentally ill person to pay for his or her expenses which arise in connection with his or her care and treatment, if any, transportation to the facility, court costs for incompetency proceedings, and for the care and treatment for such person for such time as he remains in such facility, and when there are sufficient assets in the hands of the guardian, the court may order a sale of property or such part thereof as may be necessary, and from the proceeds of such sale the guardian must pay for all expenses and reasonable charges for the patient’s care and treatment, or such part as it is possible to pay, to the director of the facility in which said mentally ill person is a patient.
History:
[66-355, added 1951, ch. 290, sec. 39, p. 622; am. 1973, ch. 173, sec. 31, p. 363.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 3 - HOSPITALIZATION OF MENTALLY ILL › Section 66-356 - RELIEF FROM FIREARMS DISABILITIES.

66-356. RELIEF FROM FIREARMS DISABILITIES. (1) A court that:
(a) Orders commitment pursuant to section 66-329, Idaho Code;
(b) Orders commitment or treatment pursuant to section 66-406, Idaho Code;
(c) Appoints a guardian pursuant to section 66-322, Idaho Code, or section 15-5-304, Idaho Code;
(d) Appoints a conservator pursuant to section 15-5-407(b), Idaho Code;
(e) Appoints a guardian or conservator pursuant to section 66-404, Idaho Code; or
(f) Finds a defendant incompetent to stand trial pursuant to section 18-212, Idaho Code, shall make a finding as to whether the subject of the proceeding is a person to whom the provisions of 18 U.S.C. 922(d)(4) and (g)(4) apply. If the court so finds, the clerk of the court shall forward a copy of the order to the Idaho state police, which in turn shall forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.
(2) A person who is subject to an order, including an appointment or finding described in subsection (1) of this section, may petition the magistrate division of the court that issued such order, or the magistrate division of the district court of the county where the individual resides, to remove the person’s firearms-related disabilities as provided in section 105(a) of P.L. 110-180. A copy of the petition for relief shall also be served on the director of the department of health and welfare and the prosecuting attorney of the county in which the original order, appointment or finding occurred, and such department and office may, as it deems appropriate, appear, support, object to and present evidence relevant to the relief sought by the petitioner. The court shall receive and consider evidence, including evidence offered by the petitioner, concerning:
(a) The circumstances of the original order, appointment or finding;
(b) The petitioner’s mental health and criminal history records, if any;
(c) The petitioner’s reputation; and
(d) Changes in the petitioner’s condition or circumstances relevant to the relief sought.
The court shall grant the petition for relief if it finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief, and review on appeal shall be de novo. A person may file a petition for relief under this section no more than once every two (2) years.
(3) When a court issues an order granting a petition for relief under subsection (2) of this section, the clerk of the court shall immediately forward a copy of the order to the Idaho state police, which in turn shall immediately forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.
History:
[66-356, added 2010, ch. 267, sec. 1, p. 674.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-401 - LEGISLATIVE INTENT.

66-401. LEGISLATIVE INTENT. It is hereby declared by the legislature of the state of Idaho in enacting chapter 4, title 66, Idaho Code, that the citizens of Idaho who have developmental disabilities are entitled to be diagnosed, cared for, and treated in a manner consistent with their legal rights in a manner no more restrictive than for their protection and the protection of society, for a period no longer than reasonably necessary for diagnosis, care, treatment and protection, and to remain at liberty or be cared for privately except when necessary for their protection or the protection of society. Recognizing that every individual has unique needs and differing abilities, it is the purpose of the provisions of this chapter to promote the general welfare of all citizens by establishing a system which permits partially disabled and disabled persons to participate as fully as possible in all decisions which affect them, which assists such persons in meeting the essential requirements for their physical health and safety, protecting their rights, managing their financial resources, and developing or regaining their abilities to the maximum extent possible. The provisions of this chapter shall be liberally construed to accomplish these purposes.
History:
[66-401, added 1982, ch. 59, sec. 7, p. 96; am. 2010, ch. 235, sec. 57, p. 597.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-403 - COURT JURISDICTION.

66-403. COURT JURISDICTION. Judicial proceedings authorized by the provisions of this chapter shall be had in the district court of the county where the respondent resides or is found.
History:
[66-403, added 1982, ch. 59, sec. 7, p. 98.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-404A - TEMPORARY GUARDIANS.

66-404A. TEMPORARY GUARDIANS. (1) The court may appoint a temporary guardian if it finds:
(a) A petition for guardianship under section 66-404, Idaho Code, has been filed, but a guardian has not yet been appointed;
(b) Substantial evidence the person has a developmental disability;
(c) By a preponderance of the evidence, an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare; and
(d) No other person appears to have the ability, authority and willingness to act.
(2) When a person is under guardianship, the court may appoint a temporary guardian if it finds:
(a) Substantial evidence that the guardian is not performing the guardian’s duties; and
(b) By a preponderance of the evidence, an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare.
The authority of a guardian previously appointed by the court is suspended as long as a temporary guardian has authority. The court must hold a hearing before the expiration of the temporary guardian’s authority and may enter any appropriate order.
(3)(a) A temporary guardian may be appointed without notice or hearing if the court finds from a statement under oath that the person will be immediately and substantially harmed before notice can be given or a hearing held.
(b) If the court appoints a temporary guardian without notice, notice of the appointment must be given to those designated in section 66-404(4), Idaho Code, within seventy-two (72) hours after the appointment. The notice must inform interested persons of the right to request a hearing. The court must hold a hearing on the appropriateness of the appointment within fourteen (14) days after request by an interested person.
(c) The temporary guardian’s authority may not exceed ninety (90) days, unless extended for good cause. The powers of the temporary guardian must be limited to those necessary to protect the immediate health, safety or welfare of the person until such time as a hearing may be held in the matter.
(d) A temporary guardian must make reports as the court requires.
History:
[66-404A, added 2017, ch. 261, sec. 7, p. 652; am. 2021, ch. 10, sec. 1, p. 14.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-407 - CHANGE IN DISPOSITION.

66-407. CHANGE IN DISPOSITION. (1) Upon the recommendation of the head of a facility providing services to a respondent committed to the custody of the director under section 66-406, Idaho Code, the director or his designee may redetermine the least restrictive available facility for any such respondent.
(2) Notice of any change in disposition shall be filed with the committing court, the respondent’s attorney and either the respondent’s spouse, guardian, adult next of kin or friend, if any.
(3) The respondent may appeal any change in disposition to a more restrictive level of care to the committing court or the court of the county in which such respondent is found within thirty (30) days of notice of the change in disposition. The court shall consider the treatment and need for protection of the respondent and may affirm or modify the change in disposition.
History:
[66-407, added 1982, ch. 59, sec. 7, p. 103.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-408 - PETITION FOR REEXAMINATION OF ORDER OF GUARDIANSHIP OR COMMITMENT.

66-408. PETITION FOR REEXAMINATION OF ORDER OF GUARDIANSHIP OR COMMITMENT. All respondents admitted to a residential facility upon application of their parent or guardian or committed to the director shall be entitled to an annual review of their placement by an evaluation committee upon request therefor by the respondent, the respondent’s guardian or attorney. In addition, all respondents committed pursuant to section 66-406, Idaho Code, or for whom an order for guardianship or conservatorship has been issued pursuant to section 66-405, Idaho Code, shall be entitled to a reexamination of the order for or conditions of their commitment, guardianship or conservatorship on their own petition, or that of their legal guardian, parent, attorney or friend, to the district court of the county in which the order was issued or in which they are found. Upon receipt of the petition, the court shall determine whether the conditions justifying the order or its conditions continue to exist.
History:
[66-408, added 1982, ch. 59, sec. 7, p. 103; am. 2010, ch. 235, sec. 59, p. 599.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-409 - AUTHORITY TO ADMIT DEVELOPMENTALLY DISABLED PERSONS.

66-409. AUTHORITY TO ADMIT DEVELOPMENTALLY DISABLED PERSONS. The head of any facility licensed under state law, or a practitioner granted admitting privileges by the facility’s bylaws and other process by which the facility’s governing body and medical staff exercise oversight, such as through credentialing and competency review, is authorized to admit for observation, diagnosis, care or treatment any developmentally disabled person for services provided by that facility.
History:
[66-409, added 1982, ch. 59, sec. 7, p. 103; am. 2017, ch. 278, sec. 4, p. 729.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-410 - PROCEDURE UPON APPLICATION TO A RESIDENTIAL FACILITY.

66-410. PROCEDURE UPON APPLICATION TO A RESIDENTIAL FACILITY. Upon receipt of an application for admission to a residential facility, the head of such facility licensed under state law shall have the application reviewed or approved by an evaluation committee. The facility head may admit any developmentally disabled individual pending review by the evaluation committee for a period not to exceed thirty (30) days. The evaluation committee shall determine whether the individual is in need of observation, diagnosis, care or treatment at the facility, whether there are other facilities or services less restrictive of personal liberty available and interview and examine the individual for whom admission is sought. The evaluation committee must carefully probe the individual’s background using all available sources including, but not limited to, parents, schools and other social agencies. If the head of the facility determines that the individual is not in need of observation, diagnosis, care or treatment at the facility, or determines that there are other facilities or services less restrictive of personal liberty available, the head of the facility shall, within three (3) days, discharge the individual.
History:
[66-410, added 1982, ch. 59, sec. 7, p. 103.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-411 - REVIEW AND DISCHARGE.

66-411. REVIEW AND DISCHARGE. (1) The head of each residential facility shall, following admission, examine or cause to be examined every resident, and determine whether to discharge each resident from the facility. A similar review shall be conducted annually thereafter. A report of each review and determination of every respondent committed to the director shall be sent to the committing court, respondent’s attorney, and either the respondent’s spouse, guardian, adult next of kin or friend, or if none, the respondent’s resident representative.
(2) Whenever it is determined that the respondent is no longer developmentally disabled or likely to injure himself or others, the director or his designee shall terminate the commitment and make a report thereof to the court which issued the order.
History:
[66-411, added 1982, ch. 59, sec. 7, p. 104.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-413 - INDIVIDUAL TREATMENT PLAN.

66-413. INDIVIDUAL TREATMENT PLAN. (1) The head of a facility shall establish or obtain for each developmentally disabled resident or client a current individual treatment plan. This plan shall be placed in the resident’s or client’s permanent file and shall describe:
(a) The resident’s or client’s disabilities;
(b) The goals of care and treatment at the facility;
(c) The modes of care and treatment to be employed;
(d) The location least restrictive of personal liberty in which appropriate services can be provided;
(e) The written approval of the plan by the head of the facility or his designee;
(f) Changes to the original plan;
(g) A discharge plan including, if the resident or client has been committed to the director, a recommendation concerning legal status upon discharge; and
(h) A statement by the head of the facility or his designee that the plan has been explained, as far as possible, to the resident or client and that a copy of the plan and of subsequent changes has been mailed to the last known address of the known parents, legal guardian or next of kin of the resident or client.
(2) Each facility shall take reasonable efforts to include the resident or client and parents of minor residents or clients, legal guardians of clients or residents who lack capacity to make informed decisions about treatment or the resident’s or client’s duly appointed resident representative in the development of the plan, and provide for a system by which the client or resident may secure an independent review of the treatment plan.
(3) If, in the judgment of the head of any facility, the client or resident is unable to manage financial resources, is unable to meet essential requirements for physical health or safety, or lacks capacity to make informed decisions, he shall encourage guardianship or conservatorship proceedings under the provisions of this chapter.
History:
[66-413, added 1982, ch. 59, sec. 7, p. 105.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-414 - DEVELOPMENTALLY DISABLED PERSONS WITH ASSETS SUFFICIENT TO PAY EXPENSES — LIABILITY OF RELATIVES.

66-414. DEVELOPMENTALLY DISABLED PERSONS WITH ASSETS SUFFICIENT TO PAY EXPENSES — LIABILITY OF RELATIVES. (1) When a developmentally disabled person has been admitted to a state operated facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of that person and of the relatives of that person as legally liable for his support, and if it is found that the person or his relatives are able to pay the charges for the care and treatment of the resident or client in the facility in whole or in part, it shall be the duty of the head of the facility to collect the expenses and charges and if necessary to institute in the name of the state a civil suit against the person or persons so liable.
(2) The respondent in judicial proceedings authorized by the provisions of this chapter in which a total or partial guardian, total or partial conservator or commitment has been appointed or ordered, or the applicant in such proceedings if no total or partial guardian, total or partial conservator or commitment is appointed or ordered shall be legally liable for the costs associated with such proceedings, including court appointed counsel and evaluation.
(3) The following relatives shall be bound by law to provide for the expenses and charges for judicial proceedings and for the care and treatment of such developmentally disabled persons: the husband for the wife, the wife for the husband and the parent for his or her minor child or children.
History:
[66-414, added 1982, ch. 59, sec. 7, p. 106.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-415 - RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP.

66-415. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP. The receipt and acceptance of a foreign guardianship or conservatorship of a developmentally disabled person shall be regulated as set forth under chapter 9, title 15, Idaho Code.
History:
[66-415, added 2008, ch. 73, sec. 6, p. 194.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-416 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO A FOREIGN JURISDICTION.

66-416. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO A FOREIGN JURISDICTION. The transfer of a guardianship or conservatorship of a developmentally disabled person to a foreign jurisdiction shall be regulated as set forth under chapter 10, title 15, Idaho Code.
History:
[66-416, added 2008, ch. 73, sec. 6, p. 194.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED › Section 66-417 - TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP OF DEVELOPMENTALLY DISABLED PERSON.

66-417. TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP OF DEVELOPMENTALLY DISABLED PERSON. The temporary recognition of a foreign guardianship or conservatorship of a developmentally disabled person shall be regulated as set forth under chapter 11, title 15, Idaho Code.
History:
[66-417, added 2008, ch. 73, sec. 6, p. 194.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 5 - STATE ASYLUM AND SANITARIUM FUND FOR PATIENTS › Section 66-501 - CREATION OF PATIENTS’ TRUST FUND.

66-501. CREATION OF PATIENTS’ TRUST FUND. There shall be established in the respective offices of the superintendents or managers of each state hospital and the southwest Idaho treatment center, a fund to be known as the patients’ trust fund.
History:
[(66-501) 1915, ch. 144, sec. 1, p. 316; reen. C.L., sec. 783b; C.S., sec. 1192; I.C.A., sec. 64-301; am. 1947, ch. 56, sec. 4, p. 74; am. 1967, ch. 357, sec. 2, p. 1004; am. 2011, ch. 102, sec. 9, p. 266.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 5 - STATE ASYLUM AND SANITARIUM FUND FOR PATIENTS › Section 66-502 - USE OF MONEY IN FUND BY PATIENTS.

66-502. USE OF MONEY IN FUND BY PATIENTS. Persons having money in the patient’s trust fund may, with the consent of the superintendent or attending physician, or the superintendent or attending physician on behalf of any patient may, pursuant to rules and regulations of the board of health and welfare, apply such funds for necessary, incidental expenses.
History:
[(66-502) 1915, ch. 144, sec. 2, p. 316; reen. C.L., sec. 783c; C.S., sec. 1193; I.C.A., sec. 64-302; am. 1947, ch. 56, sec. 5, p. 74; am. 1967, ch. 357, sec. 3, p. 1004; am. 1974, ch. 165, sec. 21, p. 1405.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 5 - STATE ASYLUM AND SANITARIUM FUND FOR PATIENTS › Section 66-503 - CUSTODY OF MONEY — DUTY OF SUPERINTENDENT OR MANAGER.

66-503. CUSTODY OF MONEY — DUTY OF SUPERINTENDENT OR MANAGER. All moneys so held in trust shall be kept by the superintendent or manager, subject to be returned to the person or persons from whom any part of such fund has been taken for deposit in trust, except any portion thereof applied to such patient’s expenses while in said state hospital or the southwest Idaho treatment center or applied to the payment of the funeral expenses of said patient, upon his death, release or discharge from the said institution; provided however, that if any patient who dies or has been discharged or escaped from any state hospital or the southwest Idaho treatment center does not present, personally or through his legal guardian, heirs or assigns, a claim against the said trust fund for repayment to him of money to his credit in said trust fund for patients within five (5) years from the date of his death, discharge or escape as certified to the state controller of the state of Idaho by the officer in charge of said institutions, then the superintendent or manager shall pay over the money in the manner set forth in section 14-519, Idaho Code, provided however, that money held in trust for a deceased patient shall be transferred pursuant to section 14-113, Idaho Code.
History:
[(66-503) 1915, ch. 144, sec. 3, p. 316; reen. C.L., sec. 783d; C.S., sec. 1194; I.C.A., sec. 64-303; am. 1941, ch. 57, sec. 1, p. 116; am. 1947, ch. 56, sec. 6, p. 74; am. 1967, ch. 357, sec. 4, p. 1004; am. 1994, ch. 180, sec. 162, p. 527; am. 2011, ch. 102, sec. 10, p. 266; am. 2012, ch. 215, sec. 5, p. 587.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-601 - DEFINITIONS.

66-601. DEFINITIONS. For the purposes of this chapter, the following definitions shall apply:
(1) "Agent" means an adult properly appointed to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative agent.
(2) "Attending physician" means the licensed physician who has primary responsibility for the care and treatment of the declarant.
(3) "Facility" means:
(a) A designated treatment facility, as defined in section 66-317, Idaho Code;
(b) A nursing home; or
(c) An assisted living home.
(4) "Incapable" means that, by order of a court in a guardianship proceeding under section 66-322, Idaho Code, or in the opinion of two (2) physicians that include a psychiatrist, or in the opinion of a physician and a professional mental health clinician, a person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
(5) "Mental health treatment" means electroconvulsive treatment, treatment with psychotropic medication or short-term admission to a treatment facility for a period not to exceed seventeen (17) days.
(6) "Mental illness" means a substantial disorder of thought, mood, perception, orientation or memory, which grossly impairs judgment, behavior, or capacity to recognize and adapt to reality.
(7) "Professional mental health clinician" means an individual who holds an earned master’s level or higher degree in social work from an accredited program; a registered nurse with an earned master’s degree or higher degree in nursing with a specialization in psychiatric or mental health nursing from an accredited program; an individual who holds an earned master’s level or higher degree in psychology from an accredited program; or an individual who holds an earned master’s level or higher degree in counseling, marriage and family therapy or other closely related degree. Additionally, professionals in each category must have at least two (2) years experience in a clinical mental health setting.
History:
[66-601, added 1998, ch. 81, sec. 1, p. 287; am. 2006, ch. 214, sec. 7, p. 649.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-602 - DECLARATIONS FOR MENTAL HEALTH TREATMENT.

66-602. DECLARATIONS FOR MENTAL HEALTH TREATMENT. (1) A competent adult may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. The declaration shall name an attorney-in-fact (agent) and an alternative agent whose authority continues in effect as long as the declaration appointing the agent is in effect or until the agent has withdrawn. If a declaration for mental health treatment has been invoked and is in effect, the declaration remains effective until the principal is no longer incapable.
(2) A declaration for mental health treatment continues in effect until revoked. A declaration may be revoked in whole or in part at any time by the principal if the principal is not incapable. A revocation is effective when a capable principal communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the principal’s medical record.
History:
[66-602, added 1998, ch. 81, sec. 1, p. 288.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-603 - DESIGNATION OF AGENT.

66-603. DESIGNATION OF AGENT. (1) A declaration may designate a competent adult to act as agent to make decisions about mental health treatment. An alternative agent may also be designated to act as agent if the original designee is unable or unwilling to act at any time.
(2) The following may not serve as agent:
(a) The attending physician, mental health service provider, or an employee of the physician or provider, who is not related to the principal by blood, marriage or adoption;
(b) An owner, operator or employee of a health care facility in which the principal is a patient or resident who is not related to the principal by blood, marriage or adoption.
(3) The designation of an agent under this section supersedes a previous designation of an agent regarding mental health treatment unless otherwise specifically provided in the declaration.
History:
[66-603, added 1998, ch. 81, sec. 1, p. 288.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-604 - SIGNATURE — WITNESSES.

66-604. SIGNATURE — WITNESSES. (1) A declaration is effective only if it is signed by the principal and two (2) competent adult witnesses. The witnesses must attest that the principal is personally known to them, signed the declaration in their presence, appears to be of sound mind, and is not under duress, fraud or undue influence.
(2) The following may not serve as a witness to the signing of a declaration:
(a) The attending physician or mental health service provider or a relative of the physician or provider;
(b) An owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident; or
(c) A person related to the principal by blood, marriage or adoption.
History:
[66-604, added 1998, ch. 81, sec. 1, p. 288.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-605 - OPERATION OF DECLARATION.

66-605. OPERATION OF DECLARATION. (1) A declaration becomes operative when it is delivered to the principal’s physician or mental health treatment provider and remains valid until revoked. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principal’s informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal.
(2) Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal’s medical record if a physician-patient relationship has previously been established. If no physician-patient relationship has previously been established, nothing in this statute, or rules adopted pursuant thereto, may be read to require the establishment of physician-patient relationship in contradiction to the existing requirements of reasonable medical practice. When acting under authority of a declaration, a physician or provider shall comply with it to the fullest extent possible consistent with reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unwilling at any time to comply with the declaration, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment by promptly notifying the principal and the agent and documenting the notification in the principal’s medical record.
History:
[66-605, added 1998, ch. 81, sec. 1, p. 289.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-606 - POWERS OF AGENT.

66-606. POWERS OF AGENT. (1) An agent who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with desires the principal has expressed in the declaration.
(2) Except to the extent the right is limited by the declaration or any federal law, an agent has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege.
(3) In exercising authority under the declaration, the agent has a duty to act consistently with the desires of the principal as expressed in the declaration. If the principal’s desires are not expressed in the declaration and not otherwise known by the agent, the agent has a duty to act in what the agent in good faith believes to be the best interest of the principal.
(4) An agent is not subject to criminal prosecution, civil liability or professional disciplinary action for an action taken in good faith under a declaration for mental health treatment. The agent is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.
History:
[66-606, added 1998, ch. 81, sec. 1, p. 289.]