2006 New Mexico Statutes - Section 32A-6-12 — Voluntary residential treatment or habilitation.

32A-6-12. Voluntary residential treatment or habilitation.

A.     A child fourteen years of age or older shall not receive treatment for mental disorders or habilitation for developmental disabilities on a voluntary residential basis, except as provided in this section.   

B.     Any child fourteen years of age or older may voluntarily admit himself to a residential treatment or habilitation program, with the informed consent of his parent, guardian or legal custodian, for a period not to exceed sixty days, subject to the requirements of this section.   

C.     To have a child voluntarily admitted to a residential treatment or habilitation program, the child and the child's parent, guardian or legal custodian shall knowingly and voluntarily execute, prior to admission, a child's voluntary consent to admission document. The document shall include a clear statement of the child's right to voluntarily consent or refuse to consent to his admission; the child's right to request an immediate discharge from the residential treatment program at any time; and the child's rights when he requests a discharge and his physician, licensed psychologist or the director of the residential treatment facility determines the child needs continued treatment. The facility shall ensure that each statement is clearly explained in the child's and parent's, guardian's or legal custodian's primary language, if that is their language of preference, and in a manner appropriate to the child's and parent's, guardian's or legal custodian's developmental abilities, and each statement shall be initialed by the child and his parent, guardian or legal custodian.   

D.     The child's parent, guardian or legal custodian shall obtain an independent attorney for the child and shall notify the residential treatment facility of that attorney's name within seventy-two hours of the child's voluntary admission. Prior to admission, the residential treatment facility shall inform the child's parent, guardian or legal custodian of the duty to obtain an independent attorney for the child within seventy-two hours. If the child's parent, guardian or legal custodian is indigent, the parent, guardian or legal custodian may petition the court to appoint an attorney for the child.   

E.     The child's executed voluntary consent to admission document shall be filed in the patient's hospital record within twenty-four hours of the time of admission.   

F.     Upon the filing of the child's voluntary consent to admission document in the patient's hospital record, the director of the residential treatment or habilitation program or the director's designee shall, on the next business day following the child's admission, notify the district court or the special commissioner of the admission, giving the child's name, date of birth and the date and place of admission. The court or special commissioner shall, upon receipt of notice of a child's voluntary admission to a residential treatment program, establish a sequestered court file.   

G.     If within seventy-two hours of the child's voluntary admission the child has not met with an independent attorney and the child's parent, guardian or legal custodian has not notified the residential treatment or habilitation program of the name of the child's independent attorney, the residential treatment or habilitation program shall, during the next business day, petition the court to appoint an attorney. When the court receives the petition, the court shall appoint an attorney. The court may order the parent to reimburse the state pursuant to the provisions of the Children's Code [ 32A-1-1 NMSA 1978].   

H.     If within seventy-two hours of the child's voluntary admission the child has met with an independent attorney or the child's parent, guardian or legal custodian has notified the residential treatment or habilitation program of the name of the child's independent attorney, the residential treatment or habilitation program shall, during the next business day, notify the court or the special commissioner of the name of the child's independent attorney.   

I.     Within seven days of the admission, an attorney representing the child pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act [ 32A-6-1 NMSA 1978] shall meet with the child. At the meeting with the child, the attorney shall explain to the child the following:   

(1)     the child's right to an attorney;   

(2)     the child's right to terminate his voluntary admission and the procedures to effect termination;   

(3)     the effect of terminating the child's voluntary admission and options of the physician and other interested parties to the petition for an involuntary admission; and   

(4)     the child's rights under the provisions of the Children's Mental Health and Developmental Disabilities Act, including the right to:   

(a)     legal representation;   

(b)     a presumption of competence;   

(c)     receive daily visitors of the child's choice;   

(d)     receive and send uncensored mail;   

(e)     have access to telephones;   

(f)     follow or abstain from the practice of religion;   

(g)     a humane and safe environment;   

(h)     physical exercise and outdoor exercise;   

(i)     a nourishing, well-balanced, varied and appetizing diet;   

(j)     medical treatment;   

(k)     educational services;   

(l)     freedom from unnecessary or excessive medication;   

(m)     individualized treatment and habilitation; and   

(n)     participation in the development of the individualized treatment plan and access to that plan on request.   

J.     If the attorney determines that the child understands his rights and that the child voluntarily and knowingly desires to remain as a patient in a residential treatment or habilitation program, the attorney shall so certify on a form designated by the supreme court. The form, when completed by the attorney, shall be filed in the child's patient record at the residential treatment or habilitation program facility, and a copy shall be forwarded to the court or special commissioner within seven days of the child's admission. The attorney's statement shall not identify the child by name.   

K.     Upon reaching the age of majority, a child who was a voluntary admittee to a residential treatment or habilitation program may petition the district court for the records of the court regarding all matters pertinent to his voluntary admission to a residential treatment or habilitation program. The court, upon receipt of the petition and upon a determination that the petitioner was in fact the child who was a voluntary admittee to a residential treatment or habilitation program, shall give all court records regarding the admission to the petitioner, including all copies in the court's possession.   

L.     Any child voluntarily admitted to a residential treatment or habilitation program has the right to an immediate discharge from the residential treatment or habilitation program upon his request, except as provided in this section. If a child informs the director, physician or any other member of the residential treatment or habilitation program staff that he desires to be discharged from the voluntary program, the director, physician or other staff member shall provide for the child's immediate discharge. The residential treatment or habilitation program shall not require that the child's request be in writing. Upon the request, the residential treatment or habilitation program shall notify the child's parent, guardian or legal custodian to take custody of the child and remit the child to the parent's, guardian's or legal custodian's care. The residential treatment or habilitation program shall also notify the child's attorney. If the child's parent, guardian or legal custodian is unavailable to take custody of the child and immediate discharge of the child would endanger the child, the residential treatment or habilitation program may detain the child until a safe and orderly discharge is possible. If the child's family refuses to take physical custody of the child, the residential treatment or habilitation program shall refer the case to the department for an abuse and neglect or family in need of court-ordered services investigation. The department may take the child into protective custody pursuant to the provisions of the Abuse and Neglect Act [ 32A-4-1 NMSA 1978] or the Family in Need of Services Act [ 32A-3-1 NMSA 1978]. A child requesting immediate discharge shall be discharged, except in those situations when the director of the residential treatment or habilitation program, a physician or a licensed psychologist determines that the child requires continued treatment and that the child meets the criteria for involuntary residential treatment as otherwise provided under the Children's Mental Health and Developmental Disabilities Act. In that event, the director, physician or licensed psychologist, after making the determination, shall, on the first business day following the child's request for release from the voluntary program, request that the children's court attorney initiate involuntary placement proceedings. The children's court attorney may petition for such a placement. The child has a right to a hearing on his continued treatment within seven days of his request for release.   

M.     A child who is a voluntary admittee to a residential treatment or habilitation program shall have his voluntary admission reviewed at the end of a sixty-day period from the date of his initial admission to the program. The review shall be accomplished by having the child's physician or licensed psychologist review the child's treatment and determine whether it would be in the best interests of the child to continue the voluntary admission. If the child's physician or licensed psychologist concludes that continuation of treatment is in the child's best interests, the child's clinician shall so state in a form to be filed in the child's patient record. The residential treatment or habilitation program shall notify the attorney for the child at least seven days prior to the date that the sixty-day period is to end or, if necessary, request an attorney pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act. The attorney shall then personally meet with the child and ensure that the child understands his rights as set forth in this section, that the child understands the method for voluntary termination of his admission and that the child knowingly and voluntarily consents to his continued treatment. If the attorney determines that the child understands these rights and that the child voluntarily and knowingly desires to remain as a patient in the residential treatment or habilitation program and that the clinician has recommended the continued stay in the program, the attorney shall so certify on a form designated by the supreme court. The disposition of these forms shall be as set forth in this section, with one copy going in the child's patient record and the other being sent to the district court in a manner that preserves the child's anonymity. This procedure shall take place every sixty days from the last admission or attorney's certification, whichever comes first.   

N.     If the attorney determines that the child does not voluntarily desire to remain in the program or if the clinician of the child has not recommended continued stay by the child in the residential treatment or habilitation program, the child shall be released or the involuntary placement procedures set forth in this section and the Children's Mental Health and Developmental Disabilities Act shall be followed.