South Carolina § 44-24-90 Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.

South Carolina Statutes

§ 44-24-90 — Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.

South Carolina § 44-24-90

Title 44HEALTH

Ch. 24COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT

This text of South Carolina § 44-24-90 (Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-24-90 (2026).

Text

(A)Proceedings for judicial admission to a treatment program or facility begin by an interested person filing a written petition with the court of the county where the child is present or where the child is a resident. The petition must state the factual basis of the person's belief that:

(1)the child is in need of treatment;

(2)treatment may be obtained only through an involuntary admission.

(B)The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions.

(C)Upon receiving a petition the court shall give the child and his legal guardian, the guardian

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(A) Proceedings for judicial admission to a treatment program or facility begin by an interested person filing a written petition with the court of the county where the child is present or where the child is a resident. The petition must state the factual basis of the person's belief that: (1) the child is in need of treatment; (2) treatment may be obtained only through an involuntary admission. (B) The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions. (C) Upon receiving a petition the court shall give the child and his legal guardian, the guardian ad litem, if one has been appointed, and other interested persons notice by certified mail of the petition and of the child's right to counsel. Every reasonable effort must be made to notify the child's natural parents of the petition. (D) Within three days after a petition for judicial commitment is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the child if counsel has not been retained in the child's behalf. The court shall appoint two examiners, one of whom must be a licensed physician, to examine the child and report to the court their findings as to the child's mental condition and the need, if any, for treatment. If the child refuses examination, the court may require a law enforcement officer to take the child into custody and to transport him for examination by the two examiners. After the examination, the child must be released. A record of the examination must be made and offered to his counsel. If the conclusions of the examination are that the child is a child in need of treatment, the underlying facts must be recorded as well as the conclusion. The child or his guardian may request an additional examination by an independent examiner. The examination must be conducted at public expense.