16-2420. SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT. Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatment may be extended for periods of up to one hundred eighty (180) days upon a petition filed with the court by the treatment facility or by the child’s parent, or guardian, or other interested party.
(1) The petition shall include a statement why the child still meets the criteria for involuntary treatment, what treatment has been provided and what progress has been made, why a further period of involuntary treatment is warranted, and the identity of any person who has knowledge concerning the case. The petition shall be promptly served upon the child, the child’s parent, custodian, or guardian, and the child’s attorney.
(2) The child shall be entitled to a hearing before the court on the petition on or before the first business day following expiration of the operative period of involuntary treatment and shall have the same rights to which he was entitled at the initial hearing on involuntary treatment in section 16-2417, Idaho Code.
(3) The court shall order that the child be discharged unless it determines by clear and convincing evidence that:
(a) The child still satisfies the criteria for involuntary treatment; and
(b) That there is a reasonable prospect that a substantial therapeutic purpose would be served by a further period of involuntary treatment.
(4) Additional involuntary treatment orders for periods up to one hundred eighty (180) days each may be ordered in accordance with this section.
History:
[16-2420, added 1997, ch. 404, sec. 1, p. 1292.]
Structure Idaho Code
Title 16 - JUVENILE PROCEEDINGS
Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES
Section 16-2401 - SHORT TITLE.
Section 16-2402 - LEGISLATIVE PURPOSES.
Section 16-2403 - DEFINITIONS.
Section 16-2404 - COMMUNITY SERVICES AND SUPPORTS AND INTERAGENCY COLLABORATION.
Section 16-2404A - TEEN EARLY INTERVENTION MENTAL HEALTH AND SUBSTANCE ABUSE SPECIALIST PROGRAM.
Section 16-2405 - CHARGES TO PARENTS.
Section 16-2406 - ACCESS TO SERVICES.
Section 16-2407 - VOLUNTARY ADMISSION TO HOSPITAL OR RESIDENTIAL TREATMENT FACILITY.
Section 16-2408 - DISCHARGE OR PETITION FOR ONE HUNDRED TWENTY DAY TREATMENT ORDER.
Section 16-2409 - CONVERSION FROM INVOLUNTARY TO VOLUNTARY STATUS.
Section 16-2410 - REVIEW OF VOLUNTARY ADMISSION.
Section 16-2412 - EMERGENCY TREATMENT UPON CERTIFICATION BY DESIGNATED EXAMINER.
Section 16-2413 - EMERGENCY ADMISSION AND TREATMENT FACILITY DETERMINATION.
Section 16-2414 - ORDER FOR EMERGENCY EVALUATION.
Section 16-2415 - DISPOSITIONAL AUTHORITY.
Section 16-2416 - ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
Section 16-2417 - HEARING ON THE ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
Section 16-2418 - CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
Section 16-2419 - EFFECT OF INVOLUNTARY TREATMENT ORDERS ON PARENTAL RIGHTS AND CUSTODY.
Section 16-2420 - SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT.
Section 16-2421 - WAIVER OF RIGHT TO BE PRESENT AT HEARINGS.
Section 16-2424 - PROVISION OF TREATMENT.
Section 16-2425 - RIGHTS OF CHILDREN IN TREATMENT FACILITIES.
Section 16-2426 - NOTIFICATION OF RIGHTS.
Section 16-2426A - SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY.
Section 16-2428 - CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
Section 16-2429 - RIGHT TO REPRESENTATION.
Section 16-2430 - TRANSPORTATION.
Section 16-2431 - COST OF INVOLUNTARY TREATMENT PROCEEDINGS.
Section 16-2432 - FALSE STATEMENTS — PENALTIES.