(A) A family court may order that a child, who is otherwise before the court on another matter, be given a psychiatric evaluation by the appropriate community mental health center. The community mental health center shall schedule the child for the ordered evaluation as soon as possible and shall provide the family court with a written report of the results of the evaluation within five working days following the evaluation.
(B) If the community mental health center reports to the family court that the child is in need of an inpatient psychiatric evaluation, the family court may commit the child to a hospital designated by the department for a psychiatric evaluation. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days. Upon notification by the department to the court that the evaluation has been completed, the court shall issue an order to implement the immediate discharge of the child from the hospital.
(C) If a psychiatric evaluation indicates a child is in need of judicial admission, the family court may:
(1) defer to the probate court for purposes of commitment to a range of services; or
(2) commit to a range of services utilizing the procedures and forms applicable to the probate court pursuant to Chapter 23 and Sections 44-24-90 through 44-24-140.
(D) Any victim of a child charged with a crime and held in detention who is ordered to a mental health facility for a psychiatric evaluation must be notified pursuant to Article 15, Chapter 3, Title 16 of the child's transfer to or discharge from a mental health facility.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 9; 2005 Act No. 120, Section 5, eff June 3, 2005.
Structure South Carolina Code of Laws
Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment
Section 44-24-10. Definitions.
Section 44-24-20. Voluntary admission; notification of guardian ad litem.
Section 44-24-40. Discharge of voluntarily admitted child; grounds for not effecting discharge.
Section 44-24-60. Emergency admission of child to inpatient hospital.
Section 44-24-70. Taking custody of child needing emergency admission.
Section 44-24-100. Notice of hearing for emergency or judicial admission.
Section 44-24-120. Removal of proceedings to another county.
Section 44-24-130. Hearing; location; testimony; rules of evidence; transcript.
Section 44-24-140. Determination after presentation of evidence.
Section 44-24-150. Psychiatric evaluations of children; notification of victims.
Section 44-24-180. Court review of case of child involuntarily admitted.
Section 44-24-200. Unauthorized absence of child from facility or residential program.
Section 44-24-220. Requirement of discharge planning and continuity of service in community.
Section 44-24-230. Provision of community-based treatment as alternative to hospitalization.
Section 44-24-270. Personal, civil, and property rights of child in treatment program.