(A) A child is entitled to have a reexamination on his own petition or that of another interested person to the court of the county from which he was admitted. The treatment program must inform every child and the child's guardian of the right to petition for reexamination. The notice must be given in writing upon admission to the program and once during the first month of treatment and six months thereafter during the treatment of the child in age appropriate language and in writing.
(B) Upon receipt of the petition the court shall conduct proceedings in accordance with applicable provisions of Sections 44-24-90 through 44-24-140. The proceedings are not required if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than six months after the holding of a hearing pursuant to this section. The costs must be borne by the State.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 10.
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.