South Carolina Code of Laws
Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment
Section 44-24-60. Emergency admission of child to inpatient hospital.

(A) A child may be admitted to an inpatient hospital for emergency admission upon:
(1) written application under oath by an interested person stating:
(a) belief that the child is in need of treatment and in danger of harming himself or others as a result of his need for treatment;
(b) the specific type of serious harm thought probable if the child is not hospitalized immediately;
(c) the factual basis for this belief;
(d) the reason why the child cannot obtain treatment voluntarily.
(2) a certification in triplicate by a licensed physician stating that he has examined the child and is of the opinion that he is a child in need of treatment and in need of emergency admission. The certification must contain the grounds for the opinion.
(B) A child for whom a certificate has been issued must not be admitted on the basis of the certificate after the expiration of three calendar days after the date of his examination.
(C) Before the emergency admission of a child to a treatment program or facility of the department, the child must be examined by a licensed physician. The physician shall inform the mental health center in the county where the child resides or where the examination takes place of the mental and physical treatment needs of the child. The physician shall consult with the center regarding the commitment and admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.
(D) The examining physician shall complete a statement that he has consulted with the local mental health center before the admission of the child to a state psychiatric facility. If the physician does not consult with the center, he shall state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a child to its facility if the physician fails to complete the statement required by this chapter.
(E) Within twenty-four hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the court of the county in which the child resides or where the acts or conduct leading to his admission occurred.
(F) Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct a preliminary review of the evidence to determine if probable cause exists to continue the emergency detention of the child. If the court finds that probable cause does not exist, it shall issue an order of release for the child. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the child. The court shall appoint counsel for the child if he has not retained counsel and fix a date for a full hearing to be held within fifteen days from the date of his admission.
(G) With each application and certification, the place of admission also shall provide the court with an examiner appointment form listing the names of two examiners.
(H) If the court appoints these two examiners, the examination must be performed at the place of admission and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent examiners who shall submit a report to the court within five days. In the process of the examination by the examiners, available previous treatment records must be considered. At least one of the examiners appointed by the court must be a licensed physician.
(I) The examiner's report must be available to the child's counsel before the full hearing.
HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Sections 2, 3.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

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 44-24-30. Admission of child sixteen or older as inpatient; determination of voluntariness; appointment of guardian ad litem.

Section 44-24-40. Discharge of voluntarily admitted child; grounds for not effecting discharge.

Section 44-24-50. Periodic notification to voluntarily admitted child and parent or guardian of right to release.

Section 44-24-60. Emergency admission of child to inpatient hospital.

Section 44-24-70. Taking custody of child needing emergency admission.

Section 44-24-80. Transportation of child to hospital; parent's or guardian's request to accompany child.

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

Section 44-24-100. Notice of hearing for emergency or judicial admission.

Section 44-24-110. Examiners' reports; disposition of child when report does not recommend judicial admission, recommends judicial admission, or is divided.

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 44-24-160. Examination and review of child admitted to inpatient program; program of care and treatment.

Section 44-24-170. Right to reexamination; notice of right; proceedings upon petition for reexamination.

Section 44-24-180. Court review of case of child involuntarily admitted.

Section 44-24-190. Notification to court when child moved to different program; court approval for move to more restrictive program; placement in crisis stabilization.

Section 44-24-200. Unauthorized absence of child from facility or residential program.

Section 44-24-210. Unlawful to remove child from inpatient facility or residential program without authorization.

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 44-24-240. Agencies to participate in planning and provision of services; exchange of records.

Section 44-24-250. Consultation with parent or guardian; participation in or cooperation with treatment.

Section 44-24-260. Child's right to communicate, consult, or visit with agency or person having custody, with counsel, or with private mental health service provider.

Section 44-24-270. Personal, civil, and property rights of child in treatment program.

Section 44-24-280. Use of restraint, seclusion, or physical coercion; corporal punishment prohibited.