reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2010 - DECREE.

16-2010. DECREE. (1) Every order of the court terminating the parent and child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.
(2) (a) If the court finds sufficient grounds exist for the termination of the parent and child relationship, it shall so decree and:
(i) Appoint an individual as guardian of the child’s person, or
(ii) Appoint an individual as guardian of the child’s person and vest legal custody in another individual or in an authorized agency, or
(iii) Appoint an authorized agency as guardian of the child’s person and vest legal custody in such agency.
(b) The court shall also make an order fixing responsibility for the child’s support. The parent and child relationship may be terminated with respect to one (1) parent without affecting the relationship between the child and the other parent.
(3) Where the court does not order termination of the parent and child relationship, it shall dismiss the petition; provided however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order placing the child under protective supervision, or vesting temporary legal custody in an authorized agency, fixing responsibility for temporary child support, and designating the period of time during which the order shall remain in effect.
(4) If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department of health and welfare, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.
History:
[16-2010, added 1963, ch. 145, sec. 10, p. 420; am. 1989, ch. 216, sec. 1, p. 525; am. 1989, ch. 218, sec. 5, p. 530; am. 1992, ch. 341, sec. 4, p. 1036; am. 1998, ch. 257, sec. 6, p. 857; am. 2000, ch. 171, sec. 12, p. 439; am. 2005, ch. 391, sec. 51, p. 1303.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2011 - EFFECT OF DECREE.

16-2011. EFFECT OF DECREE. An order terminating the parent and child relationship shall divest the parent and the child of all legal rights, privileges, duties, and obligations, including rights of inheritance, with respect to each other.
History:
[16-2011, added 1963, ch. 145, sec. 11, p. 420.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2012 - COURT COSTS.

16-2012. COURT COSTS. All court costs of giving notice and advertising shall be paid by the petitioners, except when the petitioner is an authorized agency. The court, however, may suspend such costs where payment would work a hardship on the petitioner or would be otherwise inappropriate.
History:
[16-2012, added 1963, ch. 145, sec. 12, p. 420.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2013 - RECORDS.

16-2013. RECORDS. The files and records of the court in any proceedings had under this act shall be kept in a separate locked file and shall be withheld from public inspection, but shall be open to inspection on special order of the court by persons having a legitimate interest in the case and their attorneys, and by an authorized agency to which legal custody of the child has been transferred. As used in this section, the words "files and records" include the court docket and entries therein, the petitions and other papers filed in any case, transcripts of testimony taken by the court, and findings, orders, and decrees, and other writings filed in proceedings before the court, other than social records. Social records shall be withheld from public inspection except that information from such records may be furnished to persons and agencies having a legitimate interest in the protection, welfare and treatment of the child, in such manner as the court determines. As used in this section, the words "social records" include the social service records of the court, the investigation and reports referred to in Section 16-2008, and related papers and correspondence, including medical, psychological and psychiatric studies and reports, either in the possession of the court or authorized agency.
No person shall be entitled to make copies of such files and records or social records or parts thereof unless the court so orders. It shall be unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to this section, or except for purposes permitted by special order of the court, for any person to disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any information concerning any person before the court directly or indirectly derived from the files and records or communications of the court, or social records, or acquired in the course of the performance of official duties. Any person who shall disclose information in violation of the provisions of this section shall be guilty of a misdemeanor.
History:
[16-2013, added 1963, ch. 145, sec. 13, p. 420.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2014 - APPEALS.

16-2014. APPEALS. Any appeal from an order or decree of the court granting or refusing to grant a termination shall be taken to the supreme court, provided however, pendency of an appeal or application therefor shall not suspend the order of the court relative to termination of the parent-child relationship.
History:
[16-2014, added 1963, ch. 145, sec. 14, p. 420; am. 1971, ch. 170, sec. 4, p. 805; am. 2010, ch. 26, sec. 3, p. 46.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 21 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section 16-2101 - LEGISLATIVE FINDINGS AND POLICY.

16-2101. LEGISLATIVE FINDINGS AND POLICY. It is hereby found and declared: (1) that the needs of children requiring placement and of adults seeking to receive them cannot be met by restricting child placement services and supervision to the territory of a single state; (2) that the cooperation of this state with other states is necessary to improve services and protection for children in need of placement.
It shall therefore be the policy of this state, in adopting the Interstate Compact on the Placement of Children, to cooperate fully with other states: (1) in furnishing public authorities in a receiving state with notice of the intention to place a child in the receiving state; (2) in placing a child in a receiving state only after receiving notification from that receiving state as to suitability of the placement; and (3) in conforming with the applicable laws of the receiving state governing the placement of children therein.
Nothing in this act shall be interpreted as limiting the jurisdiction of the courts under chapter [chapters] 16 and 18, title 16, Idaho Code.
History:
[16-2101, added 1976, ch. 189, sec. 1, p. 681.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 21 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section 16-2103 - COMPACT ADMINISTRATOR.

16-2103. COMPACT ADMINISTRATOR. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
History:
[16-2103, added 1976, ch. 189, sec. 1, p. 686.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 21 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section 16-2104 - SUPPLEMENTARY AGREEMENTS.

16-2104. SUPPLEMENTARY AGREEMENTS. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service of this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History:
[16-2104, added 1976, ch. 189, sec. 1, p. 686.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 21 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section 16-2105 - FINANCIAL ARRANGEMENTS.

16-2105. FINANCIAL ARRANGEMENTS. The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History:
[16-2105, added 1976, ch. 189, sec. 1, p. 686.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 21 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section 16-2106 - FINANCIAL RESPONSIBILITY OF PARENTS AND GUARDIANS OF ESTATE.

16-2106. FINANCIAL RESPONSIBILITY OF PARENTS AND GUARDIANS OF ESTATE. The compact administrator shall take appropriate action to effect the recovery from relevant parents or guardians of estate, at the option of said administrator, of any and all costs expended by the state, or any of its subdivisions, with respect to Idaho children handled under said compact.
History:
[16-2106, added 1976, ch. 189, sec. 1, p. 686.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 21 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section 16-2107 - RESPONSIBILITIES OF ENFORCEMENT.

16-2107. RESPONSIBILITIES OF ENFORCEMENT. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
History:
[16-2107, added 1976, ch. 189, sec. 1, p. 687.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2401 - SHORT TITLE.

16-2401. SHORT TITLE. This chapter governing the access to the continuum of services for children with serious emotional disturbance may be cited as the "Children’s Mental Health Services Act."
History:
[16-2401, added 1997, ch. 404, sec. 1, p. 1282.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2404 - COMMUNITY SERVICES AND SUPPORTS AND INTERAGENCY COLLABORATION.

16-2404. COMMUNITY SERVICES AND SUPPORTS AND INTERAGENCY COLLABORATION. (1) Lead agency. The department of health and welfare shall be the lead agency in establishing and coordinating community supports, services and treatment for children with serious emotional disturbance and their families, utilizing public and private resources available in the child’s community. Such resources shall be utilized to provide services consistent with the least restrictive alternative principle, to assist the child’s family to care for the child in his home and community whenever possible. The state department of education shall be the lead agency for educational services.
(2) Planning. The department of health and welfare, the state department of education, the department of juvenile corrections, counties, and local school districts shall collaborate and cooperate in planning and developing comprehensive mental health services and individual treatment and service plans for children with serious emotional disturbance making the best use of public and private resources to provide or obtain needed services and treatment.
(3) Teens at risk. The department of health and welfare, the state department of education, the department of juvenile corrections, counties, courts and local school districts may collaborate and cooperate in planning and developing mental health counseling, substance abuse treatment and recovery support services and individual service plans for teens at risk.
(4) Contracting. The department of health and welfare shall also have the authority to enter into contracts with school districts to provide teen early intervention specialists as provided for in section 16-2404A, Idaho Code.
History:
[16-2404, added 1997, ch. 404, sec. 1, p. 1285; am. 2007, ch. 309, sec. 2, p. 872.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2405 - CHARGES TO PARENTS.

16-2405. CHARGES TO PARENTS. Parents may be charged for services provided to their children by the department according to the sliding fee scale authorized by section 16-2433, Idaho Code, provided that all services which are part of the child’s free appropriate public education as defined in the individuals with disabilities education act, 20 U.S.C. 1400 et seq., as amended, shall be provided to the child at no cost to the parents.
History:
[16-2405, added 1997, ch. 404, sec. 1, p. 1286.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2406 - ACCESS TO SERVICES.

16-2406. ACCESS TO SERVICES. Access to services for children with serious emotional disturbance and their families shall be voluntary whenever informed consent can be obtained. Involuntary treatment or commitment to the department’s custody shall not be required as a condition for obtaining, providing, or paying for treatment by the department. The department’s assistance with paying for a child’s treatment and other services under this chapter shall be based upon the rules adopted by the department and by the sliding fee scale developed under section 16-2433, Idaho Code. Department payments to service providers are only made pursuant to a written agreement between the department and the service provider. The agreement must reflect cost-effective services for the child.
(1) The family and the department may enter into a services agreement if:
(a) The child meets the department’s eligibility criteria for treatment or services; and
(b) The child and his parents request mental health services from the department; or
(c) The family requests full or partial payment for services by the department (other than payment through medical assistance, title XIX of the social security act, as amended); or
(d) The youth is involuntarily placed by the department under this chapter.
(2) For purposes of this chapter, a services agreement is a written agreement, binding on the parties, which specifies at a minimum:
(a) The legal status of the child; and
(b) The rights and obligations of the parents or guardians, the child and the department while the child is in the out-of-home placement.
(3) When a child is placed out of his home pursuant to a services agreement or a one hundred twenty (120) day involuntary treatment order by the court, the department shall have the responsibility for the child’s placement and care. The financial obligation of the family will be determined after consideration of all available payment and funding sources including title XIX of the social security act, as amended, all available third party sources, and parent resources according to any order for child support under chapter 10, title 32, Idaho Code. Services shall not be conditioned on transfer of custody or parental rights.
History:
[16-2406, added 1997, ch. 404, sec. 1, p. 1286; am. 2005, ch. 307, sec. 1, p. 956.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2422 - INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS UNDER VOLUNTARY TREATMENT.

16-2422. INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS UNDER VOLUNTARY TREATMENT. (1) A facility may not administer any treatments or medications to a child admitted to the facility as a voluntary patient under section 16-2407, Idaho Code, unless the parent, guardian or custodian of the child has given informed consent to the treatment, except that emergency or medically necessary treatments may be given without informed consent, if delay in treatment may cause harm to the child, and the parent, guardian, or custodian of the child is not available.
(2) After informed consent has been given, the parent, guardian or custodian of a child may revoke such consent at any time, by clearly communicating such revocation to facility staff. When consent has been revoked, the facility shall promptly discontinue the treatment, provided that a course of treatment may be concluded or phased out where necessary to avoid the harmful effects of abrupt withdrawal. The facility may require the parent, guardian, or custodian to sign a written revocation of consent before discontinuing the treatment.
(3) Except in an emergency situation, the parents of a child being treated voluntarily shall have the right to refuse any and all medications or other treatments. If appropriate medications or treatments are refused, and the facility is unable to care for the child without such treatments, the facility may then discharge the child, with due care for his safety. Neither the facility nor providers shall be held liable. If the child appears to meet the criteria for involuntary treatment as specified in section 16-2418, Idaho Code, the facility may file a petition for involuntary treatment.
History:
[16-2422, added 1997, ch. 404, sec. 1, p. 1293.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2423 - INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT.

16-2423. INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS SUBJECT TO INVOLUNTARY OR EMERGENCY TREATMENT. (1) During an emergency evaluation under section 16-2413, Idaho Code, or during a period of involuntary treatment ordered under section 16-2418, Idaho Code, the treatment facility may administer necessary medications or other treatments, except for electroconvulsive treatments, to a child, consistent with good medical practice without the informed consent of the parent of the child, if it is not possible to obtain such consent.
(2) Notwithstanding subsection (1) of this section, a treatment facility shall not administer experimental treatment or any other special therapy except as provided by law or in rules promulgated by the department.
(3) No psychosurgery or electroconvulsive treatment shall be performed on a child, except by order of a court upon a finding that the treatment is necessary to prevent serious harm to the child. Consent of the parent of a child to this treatment without a court order shall be invalid and shall not be a defense against any legal action that might be brought against the provider of the treatment.
(4) Consent for other medical/surgical treatments not intended primarily to treat a child’s serious emotional disturbance shall be obtained in accordance with the applicable law.
History:
[16-2423, added 1997, ch. 404, sec. 1, p. 1294; am. 2005, ch. 307, sec. 7, p. 959.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2424 - PROVISION OF TREATMENT.

16-2424. PROVISION OF TREATMENT. (1) Every child subject to an involuntary treatment order under this chapter shall be provided with appropriate treatment in accordance with the least restrictive alternative principle that offers him a realistic prospect of improvement. Children shall be afforded treatment in facilities that conform to the applicable rules of the department, and that are able to adequately care for and treat the persons they serve.
(2) A written individual treatment plan shall be prepared, with the participation of the child (to the extent he is able), his family and any other persons of his choice, during voluntary admission or emergency psychiatric evaluation or, within seven (7) days of the signing of an order for involuntary treatment. The individual treatment plan shall be approved by the responsible physician, and the course of treatment actually administered shall conform to the plan.
(3) The child’s progress in attaining the objectives in the treatment plan shall be noted in his records, and the revisions to the plan shall be made as necessary. The child and the child’s parent, custodian, or guardian shall be afforded an opportunity to participate in any substantial revision of the treatment plan.
(4) A copy of the individual treatment plan shall be given to the child, his parents and to any other person designated by him, provided that the responsible physician may preclude disclosure of the individual treatment plan to the child if he states in writing why disclosure would be harmful to the child.
History:
[16-2424, added 1997, ch. 404, sec. 1, p. 1294.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2426 - NOTIFICATION OF RIGHTS.

16-2426. NOTIFICATION OF RIGHTS. At the time of admission to a facility, whether the admission is voluntary or involuntary, the facility shall insure that the child is fully informed of his rights in terms that he can understand. This information shall be provided both orally and in writing. Copies of the written explanation of the child’s rights and a written, signed acknowledgement by the child and his parent that he has read and understands the rights, shall be kept in the child’s records and made available for inspection by representatives of the child and employees of the state protection and advocacy system. A statement of rights shall be posted in a common area of the facility available to residents and plainly visible.
History:
[16-2426, added 1997, ch. 404, sec. 1, p. 1296.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2426A - SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY.

16-2426A. SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY. (1) The department shall not make a substantiated disposition that a child has been abused, neglected, or abandoned by a parent or guardian under the child protective act, chapter 16, title 16, Idaho Code, because of a request for inpatient hospital treatment or an out-of-home placement for the child, if the child’s recent mental health condition demonstrates that the child is likely to cause harm to himself or to suffer substantial mental or physical deterioration, and/or is likely to cause harm to others, and if the risk cannot be eliminated before returning the child to the child’s family.
(2) In order to intercept and divert children at risk of being removed from their parent’s or guardian’s custody under chapter 16, title 16, Idaho Code, the department, within one hundred eighty (180) days after the effective date of this section, shall enter into an interagency agreement with appropriate agencies for the purpose of preventing children who are not otherwise abused or neglected from entering the custody of the department for purposes of receiving services for serious emotional disturbance. The interagency agreement shall require the department to establish an interagency clinical team to review cases of children who are at the hospital or another similar treatment facility and to connect the child and his family with the appropriate services, treatment, and support in order to stabilize the child’s serious emotional disturbance and to prevent removal by the department under chapter 16, title 16, Idaho Code.
History:
[16-2426A, added 2021, ch. 147, sec. 1, p. 399.]