California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1923 - Admission Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A CTF may
				  only admit a child when the applicable conditions in subsections (b), (c) and (d)
				  have occurred and are documented.
(b) A
				  child, court, conservator or parents must submit one of the following types of
				  admission applications and consent for treatment to a CTF:
(1) An application by a child of any age who is
				  under the jurisdiction of the juvenile court and the court's consent to treatment
				  shall be documented by a copy of the juvenile court ruling making the findings
				  specified in Section
				  6552
				  of the Welfare and Institutions Code which must be included in the child's
				  application for admission;
(2) An
				  application made by the conservator for a child of any age, appointed in accordance
				  with Section
				  5350
				  of the Welfare and Institutions Code shall be documented by the court documents
				  appointing the conservator and specifying the conservator's authorization to place
				  the child in a CTF, as well as any other powers that may be relevant in this
				  setting, along with the conservator's written consent for treatment;
(3) An application made by the parents of a child
				  under the age of fourteen and a consent to treatment signed by both parents unless
				  the admitting parent submits a court order demonstrating that he has sole custody
				  and control of the child.
(4) An
				  application made by the parents of a child fourteen (14) through seventeen (17)
				  years old, a consent to treatment signed by both parents unless the admitting parent
				  submits a court order demonstrating that he has sole custody and control of the
				  child and one of the following:
(A) A statement
				  signed by the child and the child's attorney or patients' rights advocate that the
				  child has made a knowing and voluntary waiver of his right to a pre-admission
				  hearing after being advised by the attorney or notified by the advocate of his
				  rights to a pre-admission "Roger S." hearing. If the child waives his right to a
				  pre-admission hearing based on the notification of rights by the advocate, the
				  child's statement must also indicate that he has been notified of his right to
				  receive the advice of an attorney and has made a knowing and voluntary waiver of
				  that right as well; or
(B) The findings
				  and order from a preadmission hearing held pursuant to Section
				  4094(g)
				  of the Welfare and Institutions Code in accordance with the criteria delineated in
				  "Roger S." and findings have been made that the child suffers from a mental
				  disorder; that there is a substantial probability that treatment will significantly
				  improve the child's mental disorder; that the proposed placement is the least
				  restrictive setting necessary to achieve the purposes of treatment; and that there
				  is no suitable alternative to CTF placement. A hearing held in accordance with this
				  provision shall include but not be limited to the following:
1. A neutral and detached fact finder and decision
				  maker who shall have no personal, administrative or financial ties to any parties
				  represented at the hearing nor to the proposed placement facility;
2. Adequate written notice to the child before the
				  hearing stating the basis for the proposed admission to a CTF;
3. An informal setting to minimize the anxiety of
				  both parents and children and to promote cooperation and communication between all
				  parties. All parties shall speak in terms the child understands and shall explain
				  any terminology with which he is unfamiliar;
4. The stipulation that formal rules of evidence
				  are not applicable and that the standard for decision shall be by a preponderance of
				  the evidence;
5. The requirement that
				  the hearing shall be closed to anyone other than the child, his parents or parent;
				  the child's attorney, the person conducting the hearing, the professional person
				  presenting evidence in favor of the commitment, and other persons requested to be in
				  attendance by the child, or by the child's attorney;
6. Assistance provided by an attorney to the child
				  who shall be allowed to call witnesses, examine evidence, present evidence on his
				  own behalf and question persons presenting evidence in support of the admission;
				  and
7. Maintenance of a record of the
				  proceedings adequate to permit meaningful judicial or appellate review which shall
				  be confidential in accordance with Section
				  5328
				  of the Welfare and Institutions Code.