2005 Idaho Code - 16-2420 — SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH SERVICES
    16-2420.  SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT. Any order for
involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed.
At the time of expiration of a one hundred twenty (120) day involuntary
treatment order, authority for continued involuntary treatment may be extended
for periods of up to one hundred eighty (180) days upon a petition filed with
the court by the treatment facility or by the child's parent, or guardian, or
other interested party.
    (1)  The petition shall include a statement why the child still meets the
criteria for involuntary treatment, what treatment has been provided and what
progress has been made, why a further period of involuntary treatment is
warranted, and the identity of any person who has knowledge concerning the
case. The petition shall be promptly served upon the child, the child's
parent, custodian, or guardian, and the child's attorney.
    (2)  The child shall be entitled to a hearing before the court on the
petition on or before the first business day following expiration of the
operative period of involuntary treatment and shall have the same rights to
which he was entitled at the initial hearing on involuntary treatment in
section 16-2417, Idaho Code.
    (3)  The court shall order that the child be discharged unless it
determines by clear and convincing evidence that:
    (a)  The child still satisfies the criteria for involuntary treatment; and
    (b)  That there is a reasonable prospect that a substantial therapeutic
    purpose would be served by a further period of involuntary treatment.
    (4)  Additional involuntary treatment orders for periods up to one hundred
eighty (180) days each may be ordered in accordance with this section.