2005 Idaho Code - 16-2413 — EMERGENCY ADMISSION AND TREATMENT FACILITY DETERMINATION

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