2005 Idaho Code - 16-2418 — CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH SERVICES
    16-2418.  CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
(1) A child may be treated involuntarily, and placed at a facility, according
to the disposition of the department under section 16-2415, Idaho Code, for a
period of up to one hundred twenty (120) days if, after the hearing provided
in section 16-2417, Idaho Code, the court determines on the basis of clear and
convincing evidence that:
    (a)  The child is suffering from severe emotional disturbance;  and
    (b)  There is reasonable prospect that his illness is treatable by a
    facility or program operated by the department or other facility available
    to the department for treatment of children with serious emotional
    disturbance; and
    (c)  A child's parent or guardian refuses or is unable to adequately
    provide for the treatment of the child consistent with the requirements of
    public safety; and
    (d)  As the result of serious emotional disturbance, the child is:
         (i)   Likely to cause harm to himself or suffer substantial mental or
         physical deterioration; or
         (ii)  Likely to cause harm to others.
    (2)  Within seven (7) days after entry of the order for involuntary
commitment, the department of health and welfare shall develop a plan of
treatment to be approved by the court which includes:
    (a)  A proposed placement and projections for aftercare upon completion of
    treatment;
    (b)  Specific behavioral goals by which the success of the treatment can
    be measured; and
    (c)  Evidence of attempts to involve the patient and the patient's family
    in the development of the plan.
    (3)  The plan of treatment shall be consistent with the least restrictive
alternative principle.
    (4)  The court may conduct a review hearing at any time to monitor
compliance and to make any significant adjustment from the plan of treatment
during the period of involuntary commitment.