2006 Code of Virginia § 16.1-339 - Parental admission of an objecting minor 14 years of age or older

16.1-339. Parental admission of an objecting minor 14 years of age or older.

A. A minor 14 years of age or older who objects to admission may be admittedto a willing facility for up to 72 hours, pending the review required bysubsections B and C of this section, upon the application of a parent. Ifadmission is sought to a state hospital, the community services board orbehavioral health authority serving the area in which the minor resides shallprovide the examination required by subsection B of 16.1-338 and shallensure that the necessary written findings, except the minor's consent, havebeen made before approving the admission.

B. A minor admitted under this section shall be examined within 24 hours ofhis admission by a qualified evaluator designated by the community servicesboard or behavioral health authority serving the area where the facility islocated who is not and will not be treating the minor and who has nosignificant financial interest in the minor's hospitalization. The evaluatorshall prepare a report that shall include written findings as to whether:

1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) is experiencing aserious deterioration of his ability to care for himself in a developmentallyage-appropriate manner, as evidenced by delusionary thinking or by asignificant impairment of functioning in hydration, nutrition,self-protection, or self-control;

2. The minor is in need of inpatient treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and

3. Inpatient treatment is the least restrictive alternative that meets theminor's needs. The qualified evaluator shall submit his report to thejuvenile and domestic relations district court for the jurisdiction in whichthe facility is located.

C. Upon admission of a minor under this section, the facility shallimmediately file a petition for judicial approval with the juvenile anddomestic relations district court for the jurisdiction in which the facilityis located. A copy of this petition shall be delivered to the minor'sconsenting parent. Upon receipt of the petition and of the evaluator's reportsubmitted pursuant to subsection B, the juvenile and domestic relationsdistrict court judge shall appoint a guardian ad litem for the minor. Thecourt and the guardian ad litem shall review the petition and evaluator'sreport and shall ascertain the views of the minor, the minor's consentingparent, the evaluator, and the attending psychiatrist. The court shallconduct its review in such place and manner, including the facility, as itdeems to be in the best interests of the minor. Based upon its review and therecommendations of the guardian ad litem, the court shall order one of thefollowing dispositions:

1. If the court finds that the minor does not meet the criteria for admissionspecified in subsection B, the court shall issue an order directing thefacility to release the minor into the custody of the parent who consented tothe minor's admission. However, nothing herein shall be deemed to affect theterms and provisions of any valid court order of custody affecting the minor.

2. If the court finds that the minor meets the criteria for admissionspecified in subsection B, the court shall issue an order authorizingcontinued hospitalization of the minor for up to 90 days on the basis of theparent's consent.

Within 10 days after the admission of a minor under this section, thedirector of the facility or the director's designee shall ensure that anindividualized plan of treatment has been prepared by the providerresponsible for the minor's treatment and has been explained to the parentconsenting to the admission and to the minor. A copy of the plan shall alsobe provided to the guardian ad litem. The minor shall be involved in thepreparation of the plan to the maximum feasible extent consistent with hisability to understand and participate, and the minor's family shall beinvolved to the maximum extent consistent with the minor's treatment needs.The plan shall include a preliminary plan for placement and aftercare uponcompletion of inpatient treatment and shall include specific behavioral andemotional goals against which the success of treatment may be measured.

3. If the court determines that the available information is insufficient topermit an informed determination regarding whether the minor meets thecriteria specified in subsection B, the court shall schedule a commitmenthearing that shall be conducted in accordance with the procedures specifiedin 16.1-341 through 16.1-345. The minor may be detained in the hospitalfor up to 72 additional hours pending the holding of the commitment hearing.

D. A minor admitted under this section who rescinds his objection may beretained in the hospital pursuant to 16.1-338.

E. If the parent who consented to a minor's admission under this sectionrevokes his consent at any time, the minor shall be released within 48 hoursto the parent's custody unless the minor's continued hospitalization isauthorized pursuant to 16.1-340 or 16.1-345.

(1990, c. 975; 1991, c. 159; 2005, c. 716.)