§ 43A-5-509 — Filing of petition - Contents - Proposed individual

treatment plan. A. A petition alleging a minor to be a minor in need of treatment shall be filed by a district attorney and may be filed by a district attorney only after receipt and review of the mental health evaluation conducted by a licensed mental health professional stating that in the opinion of the professional the minor has a demonstrable mental illness or is drug or alcohol dependent and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person if services are not provided, and upon the request of: 1. A parent, a public or private child care agency having legal custody of the minor, or a mental health or substance abuse treatment facility; or 2. When the minor is a ward of the court, the Department of Human Services, the Office of Juvenile Affairs or juvenile bureau having supervision of the case or by the parent of the minor with the consent of the applicable agency, or juvenile bureau having supervision of the case. B. If after receipt and review of the mental health evaluation conducted by a licensed mental health professional: 1. The district attorney declines to file a petition, the district attorney must immediately notify the requesting facility, in writing, of the refusal to file. Then the minor shall be discharged to the custody of the consenting parent or public or private agency having custody of the minor; or 2. The petition is filed, a copy of the mental health evaluation conducted by the licensed mental health professional shall be attached to the petition and notice shall be given as provided by Section 5-510 of this title. C. 1. The proceeding shall be entitled "In the matter of ____________, a minor alleged to be in need of inpatient mental health or substance abuse treatment". 2. The petition shall allege that the minor has a demonstrable mental illness or is drug or alcohol dependent and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself, or another person if services are not provided and has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation and shall be verified and may be based upon information and belief. The petition shall set forth: a. with particularity the facts which bring the minor within the purview of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, b. the name, age and residence of the minor, c. the names and residences of the parents of the minor, d. the name and residence of the legal guardian of the minor, if one, e. the name and residence of the person or persons having custody or control of the minor, f. the name and residence of the nearest known relative, if no parent or guardian can be found, g. the relief requested, and h. an endorsement of witnesses intended to be called by the petitioner. D. Upon the filing of a petition pursuant to this section, if the minor has been admitted to a facility, the facility shall ensure that a proposed individual treatment plan for the minor is prepared and submitted to the court at least twenty-four (24) hours prior to the time set for the hearing.

Legislative History

Added by Laws 1992, c. 298, § 9, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 8, eff. Nov. 1, 1995; Laws 2002, c. 327, § 9, eff. July 1, 2002; Laws 2003, c. 130, § 9, eff. Nov. 1, 2003; Laws 2006, c. 97, § 31, eff. Nov. 1, 2006.