2005 Idaho Code - 16-2411 — EMERGENCY MENTAL HEALTH RESPONSE AND EVALUATION -- TEMPORARY DETENTION BY A PEACE OFFICER

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH SERVICES
    16-2411.  EMERGENCY MENTAL HEALTH RESPONSE AND EVALUATION -- TEMPORARY
DETENTION BY A PEACE OFFICER. (1) A peace officer may take a child into
protective custody and immediately transport the child to a treatment facility
for emergency mental health evaluation in the absence of a court order if and
only if the officer determines that an emergency situation exists as defined
in this chapter, and the officer has probable cause to believe, based on
personal observation and investigation, representation of the child's parents
or the recommendation of a mental health professional, that the child is
suffering from serious emotional disturbance as a result of which he is likely
to cause harm to himself or others or is manifestly unable to preserve his
health or safety with the supports and assistance available to him and that
immediate detention and treatment is necessary to prevent harm to the child or
others.
    (2)  The officer shall immediately transport any child taken into
protective custody under this section, to a treatment facility or mental
health program, such as a regional mental health center, a mobile crisis
intervention program, or a therapeutic foster care facility, provided such
center's program or facility has been approved by the regional office of the
department for that purpose. The department shall make a list of approved
facilities available to law enforcement agencies.
    (3)  Upon taking the child into protective custody, the officer shall take
reasonable precautions to safeguard and preserve the personal property of the
person unless a parent or guardian or responsible relative is able to do so.
Upon presenting a child to a treatment facility the officer shall inform the
staff in writing of the facts that caused him to detain the person, and shall
specifically state whether the person is otherwise subject to being held for
juvenile or criminal offenses.
    (4)  If the child who is being detained is not released to the child's
parent, guardian or custodian, the law enforcement agency shall contact the
child's parent, guardian or custodian as soon as possible, and in no case
later than twenty-four (24) hours, and shall notify the child's parent,
guardian or custodian of his status, location and the reasons for the
detention of the child. If the parents cannot be located or contacted, efforts
to comply with this section and the reasons for failure to make contact shall
be documented in the child's record.