2005 Idaho Code - 16-2417 — HEARING ON THE ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER

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