2005 Idaho Code - 16-2406 — ACCESS TO SERVICES

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH 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.