§ 43A-5-512 — Commitment to treatment facility – Evidence required –

Least restrictive alternative - Review of commitment. A. At the hearing the court shall determine whether by clear and convincing evidence: 1. 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 2. The minor is a minor in need of treatment proposed in the individualized treatment plan and is likely to benefit from such treatment. B. After a hearing, the court shall order the minor to receive the least restrictive care and treatment appropriate for the treatment needs of the minor until such time as the care and treatment are no longer necessary. C. The court shall not commit a minor to a facility for inpatient treatment unless the court determines: 1. 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; or 2. That all reasonable efforts have been made to provide for the treatment needs of the minor through the provision of less restrictive alternatives to inpatient treatment and that such alternatives have failed to meet the treatment needs of the minor; or 3. After a thorough consideration of less restrictive alternatives to inpatient treatment, that the condition of the minor is such that less restrictive alternatives are unlikely to meet the treatment needs of the minor; and 4. There are no comparably effective services available to the minor that are less physically intrusive or restrictive. D. Whenever, after a hearing, the court finds that the minor: 1. Is not a minor in need of treatment the court shall dismiss the case; or 2. Is a minor in need of treatment but does not require inpatient treatment, the court may order treatment or services through a less restrictive alternative to inpatient mental health or substance abuse treatment, which may include ordering the minor to take medication as prescribed by a physician and, upon a finding that it is in the best interests of the minor, the court may order the parents or other adult persons living in the home of the minor to comply with reasonable conditions relating to the treatment of the minor. E. Whenever, after a hearing, the court finds that the minor is a minor in need of treatment and requires inpatient treatment in a mental health or substance abuse treatment facility, the court shall order the commitment of the minor to a mental health or substance abuse treatment facility until the minor is no longer a “minor in need of treatment” as determined by medical staff, subject to the review provisions contained in this section, and: 1. When the minor is in the custody of a parent or legal guardian, order the parent or legal guardian to make arrangements for the admission of the minor to a public or private mental health or substance abuse treatment facility appropriate for the inpatient care and treatment of minors which is willing to admit the minor for treatment; and 2. When the minor is in the custody of the Department of Human Services or the Office of Juvenile Affairs, order the Department or Office, as applicable, to make arrangements for the placement of the minor in a public or private mental health or substance abuse treatment facility appropriate for the inpatient treatment needs of the minor. F. Whenever the court commits a minor to a mental health or substance abuse treatment facility for inpatient treatment pursuant to this section, the court shall set the matter for review and shall review the matter not more than thirty (30) days from the date of commitment and shall continue to review the matter at intervals of not more than thirty (30) days until the minor is discharged from inpatient treatment. Not less than three (3) days prior to the review hearing, the mental health or substance abuse treatment facility shall submit a report regarding the minor’s progress and treatment and make a recommendation as to whether the minor needs inpatient care and the reasons therefor.

Legislative History

Added by Laws 1992, c. 298, § 12, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 10, eff. Nov. 1, 1995; Laws 2000, c. 84, § 1, eff. Nov. 1, 2000; Laws 2002, c. 327, § 12, eff. July 1, 2002; Laws 2003, c. 130, § 12, eff. Nov. 1, 2003; Laws 2006, c. 97, § 32, eff. Nov. 1, 2006.