John T. Ault, Ph.D.
Last updated: 1 March 2005 as retrieved from the Utah Legislature Website
62A-15-629. Temporary commitment -- Requirements and procedures.
(1) (a) An adult may be temporarily, involuntarily committed to a local mental health authority upon:
(i) written application by a responsible person who has reason to know, stating a belief that the individual is likely to cause serious injury to himself or others if not immediately restrained, and stating the personal knowledge of the individual's condition or circumstances which lead to that belief; and
(ii) a certification by a licensed physician or designated examiner stating that the physician or designated examiner has examined the individual within a three-day period immediately preceding that certification, and that he is of the opinion that the individual is mentally ill and, because of his mental illness, is likely to injure himself or others if not immediately restrained.
(b) Application and certification as described in Subsection (1)(a) authorizes any peace officer to take the individual into the custody of a local mental health authority and transport the individual to that authority's designated facility.
(2) If a duly authorized peace officer observes a person involved in conduct that gives the officer probable cause to believe that the person is mentally ill, as defined in Section 62A-15-602, and because of that apparent mental illness and conduct, there is a substantial likelihood of serious harm to that person or others, pending proceedings for examination and certification under this part, the officer may take that person into protective custody. The peace officer shall transport the person to be transported to the designated facility of the appropriate local mental health authority pursuant to this section, either on the basis of his own observation or on the basis of a mental health officer's observation that has been reported to him by that mental health officer. Immediately thereafter, the officer shall place the person in the custody of the local mental health authority and make application for commitment of that person to the local mental health authority. The application shall be on a prescribed form and shall include the following:
(a) a statement by the officer that he believes, on the basis of personal observation or on the basis of a mental health officer's observation reported to him by the mental health officer, that the person is, as a result of a mental illness, a substantial and immediate danger to himself or others;
(b) the specific nature of the danger;
(c) a summary of the observations upon which the statement of danger is based; and
(d) a statement of facts which called the person to the attention of the officer.
(3) A person committed under this section may be held for a maximum of 24 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the person shall be released unless application for involuntary commitment has been commenced pursuant to Section 62A-15-631. If that application has been made, an order of detention may be entered under Subsection 62A-15-631(3). If no order of detention is issued, the patient shall be released unless he has made voluntary application for admission.
(4) Transportation of mentally ill persons pursuant to Subsections (1) and (2) shall be conducted by the appropriate municipal, or city or town, law enforcement authority or, under the appropriate law enforcement's authority, by ambulance to the extent that Subsection (5) applies. However, if the designated facility is outside of that authority's jurisdiction, the appropriate county sheriff shall transport the person or cause the person to be transported by ambulance to the extent that Subsection (5) applies.
(5) Notwithstanding Subsections (2) and (4), a peace officer shall cause a person to be transported by ambulance if the person meets any of the criteria in Section 26-8a-305. In addition, if the person requires physical medical attention, the peace officer shall direct that transportation be to an appropriate medical facility for treatment. (2002 Special Session 5; Last revised December 21, 2004)
62A-15-631. Involuntary commitment under court order -- Examination -- Hearing -- Power of court -- Findings required -- Costs.
(1) Proceedings for involuntary commitment of an individual who is 18 years of age or older may be commenced by filing a written application with the district court of the county in which the proposed patient resides or is found, by a responsible person who has reason to know of the condition or circumstances of the proposed patient which lead to the belief that the individual is mentally ill and should be involuntarily committed. That application shall be accompanied by:
(a) a certificate of a licensed physician or a designated examiner stating that within a seven-day period immediately preceding the certification the physician or designated examiner has examined the individual, and that he is of the opinion that the individual is mentally ill and should be involuntarily committed; or
(b) a written statement by the applicant that the individual has been requested to but has refused to submit to an examination of mental condition by a licensed physician or designated examiner. That application shall be sworn to under oath and shall state the facts upon which the application is based.
(2) Prior to issuing a judicial order, the court may require the applicant to consult with the appropriate local mental health authority, or may direct a mental health professional from that local mental health authority to interview the applicant and the proposed patient to determine the existing facts and report them to the court.
(3) If the court finds from the application, from any other statements under oath, or from any reports from a mental health professional that there is a reasonable basis to believe that the proposed patient has a mental illness which poses a substantial danger, as defined in Section 62A-15-602, to himself, others, or property requiring involuntary commitment pending examination and hearing; or, if the proposed patient has refused to submit to an interview with a mental health professional as directed by the court or to go to a treatment facility voluntarily, the court may issue an order, directed to a mental health officer or peace officer, to immediately place the proposed patient in the custody of a local mental health authority or in a temporary emergency facility as provided in Section 62A-15-634 to be detained for the purpose of examination. Within 24 hours of the issuance of the order for examination, a local mental health authority or its designee shall report to the court, orally or in writing, whether the patient is, in the opinion of the examiners, mentally ill, whether the patient has agreed to become a voluntary patient under Section 62A-15-625, and whether treatment programs are available and acceptable without court proceedings. Based on that information, the court may, without taking any further action, terminate the proceedings and dismiss the application. In any event, if the examiner reports orally, he shall immediately send the report in writing to the clerk of the court.
(4) Notice of commencement of proceedings for involuntary commitment, setting forth the allegations of the application and any reported facts, together with a copy of any official order of detention, shall be provided by the court to a proposed patient prior to, or upon, placement in the custody of a local mental health authority or, with respect to any individual presently in the custody of a local mental health authority whose status is being changed from voluntary to involuntary, upon the filing of an application for that purpose with the court. A copy of that order of detention shall be maintained at the place of detention.
(5) Notice of commencement of those proceedings shall be provided by the court as soon as practicable to the applicant, any legal guardian, any immediate adult family members, legal counsel for the parties involved, and any other persons whom the proposed patient or the court shall designate. That notice shall advise those persons that a hearing may be held within the time provided by law. If the patient has refused to permit release of information necessary for provisions of notice under this subsection, the extent of notice shall be determined by the court.
(6) Proceedings for commitment of an individual under the age of 18 years to the division may be commenced by filing a written application with the juvenile court in accordance with the provisions of Part 7.
(7) The district court may, in its discretion, transfer the case to any other district court within this state, provided that the transfer will not be adverse to the interest of the proposed patient.
(8) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a judicial order, or after commitment of a proposed patient to a local mental health authority under court order for detention or examination, the court shall appoint two designated examiners to examine the proposed patient. If requested by the proposed patient's counsel, the court shall appoint, as one of the examiners, a reasonably available qualified person designated by counsel. The examinations, to be conducted separately, shall be held at the home of the proposed patient, a hospital or other medical facility, or at any other suitable place that is not likely to have a harmful effect on the patient's health.
(b) The examiner shall inform the patient if not represented by an attorney that, if desired, the patient does not have to say anything, the nature and reasons for the examination, that it was ordered by the court, that any information volunteered could form part of the basis for his or her involuntary commitment, and that findings resulting from the examination will be made available to the court.
(c) A time shall be set for a hearing to be held within ten calendar days of the appointment of the designated examiners, unless those examiners or a local mental health authority or its designee informs the court prior to that hearing date that the patient is not mentally ill, that he has agreed to become a voluntary patient under Section 62A-15-625, or that treatment programs are available and acceptable without court proceedings, in which event the court may, without taking any further action, terminate the proceedings and dismiss the application.
(9) (a) Prior to the hearing, an opportunity to be represented by counsel shall be afforded to every proposed patient, and if neither the patient nor others provide counsel, the court shall appoint counsel and allow him sufficient time to consult with the patient prior to the hearing. In the case of an indigent patient, the payment of reasonable attorneys' fees for counsel, as determined by the court, shall be made by the county in which the patient resides or was found.
(b) The proposed patient, the applicant, and all other persons to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The court may, in its discretion, receive the testimony of any other person. The court may allow a waiver of the patient's right to appear only for good cause shown, and that cause shall be made a matter of court record.
(c) The court is authorized to exclude all persons not necessary for the conduct of the proceedings and may, upon motion of counsel, require the testimony of each examiner to be given out of the presence of any other examiners.
(d) The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure, and in a physical setting that is not likely to have a harmful effect on the mental health of the proposed patient.
(e) The court shall consider all relevant historical and material information which is offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah Rules of Evidence.
(f) (i) A local mental health authority or its designee, or the physician in charge of the patient's care shall, at the time of the hearing, provide the court with the following information:
(A) the detention order;
(B) admission notes;
(C) the diagnosis;
(D) any doctors' orders;
(E) progress notes;
(F) nursing notes; and
(G) medication records pertaining to the current commitment.
(ii) That information shall also be supplied to the patient's counsel at the time of the hearing, and at any time prior to the hearing upon request.
(10) The court shall order commitment of an individual who is 18 years of age or older to a local mental health authority if, upon completion of the hearing and consideration of the information presented in accordance with Subsection (9)(e), the court finds by clear and convincing evidence that:
(a) the proposed patient has a mental illness;
(b) because of the proposed patient's mental illness he poses a substantial danger, as defined in Section 62A-15-602, of physical injury to others or himself, which may include the inability to provide the basic necessities of life such as food, clothing, and shelter, if allowed to remain at liberty;
(c) the patient lacks the ability to engage in a rational decision-making process regarding the acceptance of mental treatment as demonstrated by evidence of inability to weigh the possible risks of accepting or rejecting treatment;
(d) there is no appropriate less-restrictive alternative to a court order of commitment; and
(e) the local mental health authority can provide the individual with treatment that is adequate and appropriate to his conditions and needs. In the absence of the required findings of the court after the hearing, the court shall forthwith dismiss the proceedings.
(11) (a) The order of commitment shall designate the period for which the individual shall be treated. When the individual is not under an order of commitment at the time of the hearing, that period may not exceed six months without benefit of a review hearing. Upon such a review hearing, to be commenced prior to the expiration of the previous order, an order for commitment may be for an indeterminate period, if the court finds by clear and convincing evidence that the required conditions in Subsection (10) will last for an indeterminate period.
(b) The court shall maintain a current list of all patients under its order of commitment. That list shall be reviewed to determine those patients who have been under an order of commitment for the designated period. At least two weeks prior to the expiration of the designated period of any order of commitment still in effect, the court that entered the original order shall inform the appropriate local mental health authority or its designee. The local mental health authority or its designee shall immediately reexamine the reasons upon which the order of commitment was based. If the local mental health authority or its designee determines that the conditions justifying that commitment no longer exist, it shall discharge the patient from involuntary commitment and immediately report that to the court. Otherwise, the court shall immediately appoint two designated examiners and proceed under Subsections (8) through (10).
(c) The local mental health authority or its designee responsible for the care of a patient under an order of commitment for an indeterminate period, shall at six-month intervals reexamine the reasons upon which the order of indeterminate commitment was based. If the local mental health authority or its designee determines that the conditions justifying that commitment no longer exist, that local mental health authority or its designee shall discharge the patient from its custody and immediately report the discharge to the court. If the local mental health authority or its designee determines that the conditions justifying that commitment continue to exist, the local mental health authority or its designee shall send a written report of those findings to the court. The patient and his counsel of record shall be notified in writing that the involuntary commitment will be continued, the reasons for that decision, and that the patient has the right to a review hearing by making a request to the court. Upon receiving the request, the court shall immediately appoint two designated examiners and proceed under Subsections (8) through (10).
(12) In the event that the designated examiners are unable, because a proposed patient refuses to submit to an examination, to complete that examination on the first attempt, the court shall fix a reasonable compensation to be paid to those designated examiners for their services.
(13) Any person committed as a result of an original hearing or a person's legally designated representative who is aggrieved by the findings, conclusions, and order of the court entered in the original hearing has the right to a new hearing upon a petition filed with the court within 30 days of the entry of the court order. The petition must allege error or mistake in the findings, in which case the court shall appoint three impartial designated examiners previously unrelated to the case to conduct an additional examination of the patient. The new hearing shall, in all other respects, be conducted in the manner otherwise permitted.
(14) Costs of all proceedings under this section shall be paid by the county in which the proposed patient resides or is found. (Last revised: Dec 21, 2004)
Involuntary Commitment Laws for the Mentally Retarded Adult
62A-5-311. Temporary emergency commitment -- Observation and evaluation.
(1) The director of the division or his designee may temporarily commit an individual to the division and therefore, as a matter of course, to a mental retardation facility for observation and evaluation upon:
(a) written application by a responsible person who has reason to know that the individual is in need of commitment, stating:
(i) a belief that the individual has mental retardation and is likely to cause serious injury to self or others if not immediately committed;
(ii) personal knowledge of the individual's condition; and
(iii) the circumstances supporting that belief; or
(b) certification by a licensed physician or designated mental retardation professional stating that the physician or designated mental retardation professional:
(i) has examined the individual within a three-day period immediately preceding the certification; and
(ii) is of the opinion that the individual has mental retardation, and that because of the individual's mental retardation is likely to injure self or others if not immediately committed.
(2) If the individual in need of commitment is not placed in the custody of the director or his designee by the person submitting the application, the director or his designee may certify, either in writing or orally that the individual is in need of immediate commitment to prevent injury to self or others.
(3) Upon receipt of the application required by Subsection (1)(a) and the certifications required by Subsection (1)(b) and Subsection (2), a peace officer may take the individual named in the application and certificates into custody, and may transport the individual to a designated mental retardation facility.
(4) (a) An individual committed under this section may be held for a maximum of 24 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time, the individual shall be released unless proceedings for involuntary commitment have been commenced under Section 62A-5-312.
(b) After proceedings for involuntary commitment have been commenced the individual shall be released unless an order of detention is issued in accordance with Section 62A-5-312.
(5) If an individual is committed to the division under this section on the application of any person other than the individual's legal guardian, spouse, parent, or next of kin, the director or his designee shall immediately give notice of the commitment to the individual's legal guardian, spouse, parent, or next of kin, if known. (As Amended by 2004 General Session, December 21, 2004)
62A-5-312. Involuntary commitment, Procedures, Necessary findings, Periodic review.
(1) Any responsible person who has reason to know that an individual is in need of commitment, who has a belief that the individual has mental retardation, and who has personal knowledge of the conditions and circumstances supporting that belief, may commence proceedings for involuntary commitment by filing a written petition with the district court, or if the subject of the petition is less than 18 years of age with the juvenile court, of the county in which the individual to be committed is physically located at the time the petition is filed. The application shall be accompanied by:
(a) a certificate of a licensed physician or a designated mental retardation professional, stating that within a seven-day period immediately preceding the certification, the physician or designated mental retardation professional examined the individual and believes that the individual is mentally retarded and is in need of involuntary commitment; or
(b) a written statement by the petitioner stating that the individual was requested but refused to submit to an examination for mental retardation by a licensed physician or designated mental retardation professional, and that the individual refuses to voluntarily go to the division or a mental retardation facility recommended by the division for treatment. That statement shall be under oath and set forth the facts on which it is based.
(2) Before issuing a detention order, the court may require the petitioner to consult with personnel at the division or at a mental retardation facility and may direct a designated mental retardation professional to interview the petitioner and the individual to be committed, to determine the existing facts, and to report them to the court.
(3) The court may issue a detention order and may direct a peace officer to immediately take the individual to a mental retardation facility to be detained for purposes of an examination if the court finds from the petition, from other statements under oath, or from reports of physicians or designated mental retardation professionals that there is a reasonable basis to believe that the individual to be committed:
(a) poses an immediate danger of physical injury to self or others;
(b) requires involuntary commitment pending examination and hearing;
(c) the individual was requested but refused to submit to an examination by a licensed physician or designated mental retardation professional; or
(d) the individual refused to voluntarily go to the division or to a mental retardation facility recommended by the division.
(4) (a) If the court issues a detention order based on an application that did not include a certification by a designated mental retardation professional or physician in accordance with Subsection (1)(a), the director or his designee shall within 24 hours after issuance of the detention order, excluding Saturdays, Sundays, and legal holidays, examine the individual, report the results of the examination to the court and inform the court:
(i) whether the director or his designee believes that the individual is mentally retarded; and
(ii) whether appropriate treatment programs are available and will be used by the individual without court proceedings.
(b) If the report of the director or his designee is based on an oral report of the examiner, the examiner shall immediately send the results of the examination in writing to the clerk of the court.
(5) Immediately after an individual is involuntarily committed under a detention order or under Section 62A-5-311, the director or his designee shall inform the individual, orally and in writing, of his right to communicate with an attorney. If an individual desires to communicate with an attorney, the director or his designee shall take immediate steps to assist the individual in contacting and communicating with an attorney.
(6) (a) Immediately after commencement of proceedings for involuntary commitment, the court shall give notice of commencement of the proceedings to:
(i) the individual to be committed;
(ii) the applicant;
(iii) any legal guardian of the individual;
(iv) adult members of the individual's immediate family;
(v) legal counsel of the individual to be committed, if any;
(vi) the division; and
(vii) any other person to whom the individual requests, or the court designates, notice to be given.
(b) If an individual cannot or refuses to disclose the identity of persons to be notified, the extent of notice shall be determined by the court.
(7) That notice shall:
(a) set forth the allegations of the petition and all supporting facts;
(b) be accompanied by a copy of any detention order issued under Subsection (3); and
(c) state that a hearing will be held within the time provided by law, and give the time and place for that hearing.
(8) The court may transfer the case and the custody of the individual to be committed to any other district court within the state, if:
(a) there are no appropriate facilities for persons with mental retardation within the judicial district; and
(b) the transfer will not be adverse to the interests of the individual.
(9) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, after any order or commitment under a detention order, the court shall appoint two designated mental retardation professionals to examine the individual. If requested by the individual's counsel, the court shall appoint a reasonably available, qualified person designated by counsel to be one of the examining designated mental retardation professionals. The examinations shall be conducted:
(i) separately;
(ii) at the home of the individual to be committed, a hospital, a facility for person's with mental retardation, or any other suitable place not likely to have a harmful effect on the individual; and
(iii) within a reasonable period of time after appointment of the examiners by the court.
(b) The court shall set a time for a hearing to be held within ten court days of the appointment of the examiners. However, the court may immediately terminate the proceedings and dismiss the application if, prior to the hearing date, the examiners, the director, or his designee informs the court that:
(i) the individual is not mentally retarded; or
(ii) treatment programs are available and will be used by the individual without court proceedings.
(10) (a) Each individual has the right to be represented by counsel at the commitment hearing and in all preliminary proceedings. If neither the individual nor others provide counsel, the court shall appoint counsel and allow sufficient time for counsel to consult with the individual prior to any hearing.
(b) If the individual is indigent, the county in which the individual was physically located when taken into custody shall pay reasonable attorneys' fees as determined by the court.
(11) The division or a designated mental retardation professional in charge of the individual's care shall provide all documented information on the individual to be committed and to the court at the time of the hearing. The individual's attorney shall have access to all documented information on the individual at the time of and prior to the hearing.
(12) (a) The court shall provide an opportunity to the individual, the petitioner, and all other persons to whom notice is required to be given to appear at the hearing, to testify, and to present and cross-examine witnesses.
(b) The court may, in its discretion:
(i) receive the testimony of any other person;
(ii) allow a waiver of the right to appear only for good cause shown;
(iii) exclude from the hearing all persons not necessary to conduct the proceedings; and
(iv) upon motion of counsel, require the testimony of each examiner to be given out of the presence of any other examiner.
(c) The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure, and in a physical setting that is not likely to have a harmful effect on the individual. The Utah Rules of Evidence apply, and the hearing shall be a matter of court record. A verbatim record of the proceedings shall be maintained.
(13) The court may order commitment if, upon completion of the hearing and consideration of the record, it finds by clear and convincing evidence that all of the following conditions are met:
(a) the individual to be committed is mentally retarded;
(b) because of the individual's mental retardation one or more of the following conditions exist:
(i) the individual poses an immediate danger of physical injury to self or others;
(ii) the individual lacks the capacity to provide the basic necessities of life, such as food, clothing, or shelter; or
(iii) the individual is in immediate need of habilitation, rehabilitation, care, or treatment to minimize the effects of the condition which poses a threat of serious physical or psychological injury to the individual, and the individual lacks the capacity to engage in a rational decision-making process concerning the need for habilitation, rehabilitation, care, or treatment, as evidenced by an inability to weigh the possible costs and benefits of the care or treatment and the alternatives to it;
(c) there is no appropriate, less restrictive alternative reasonably available; and
(d) the division or the mental retardation facility recommended by the division in which the individual is to be committed can provide the individual with treatment, care, habilitation, or rehabilitation that is adequate and appropriate to the individual's condition and needs.
(14) In the absence of any of the required findings by the court, described in Subsection (13), the court shall dismiss the proceedings.
(15) (a) The order of commitment shall designate the period for which the individual will be committed. An initial commitment may not exceed six months. Before the end of the initial commitment period, the administrator of the facility for persons with mental retardation shall commence a review hearing on behalf of the individual.
(b) At the conclusion of the review hearing, the court may issue an order of commitment for up to a one-year period.
(16) An individual committed under this part has the right to a rehearing, upon filing a petition with the court within 30 days after entry of the court's order. If the petition for rehearing alleges error or mistake in the court's findings, the court shall appoint one impartial licensed physician and two impartial designated mental retardation professionals who have not previously been involved in the case to examine the individual. The rehearing shall, in all other respects, be conducted in accordance with this part.
(17) (a) The court shall maintain a current list of all individuals under its orders of commitment. That list shall be reviewed in order to determine those patients who have been under an order of commitment for the designated period.
(b) At least two weeks prior to the expiration of the designated period of any commitment order still in effect, the court that entered the original order shall inform the director of the division of the impending expiration of the designated commitment period.
(c) The staff of the division shall immediately:
(i) reexamine the reasons upon which the order of commitment was based and report the results of the examination to the court;
(ii) discharge the resident from involuntary commitment if the conditions justifying commitment no longer exist; and
(iii) immediately inform the court of any discharge.
(d) If the director of the division reports to the court that the conditions justifying commitment no longer exist, and the administrator of the mental retardation facility does not discharge the individual at the end of the designated period, the court shall order the immediate discharge of the individual, unless involuntary commitment proceedings are again commenced in accordance with this section.
(e) If the director of the division, or his designee reports to the court that the conditions designated in Subsection (13) still exist, the court may extend the commitment order for up to one year. At the end of any extension, the individual must be reexamined in accordance with this section, or discharged.
(18) When a resident is discharged under this subsection, the division shall provide any further support services available and required to meet the resident's needs. (Amended by 2004 General Session; Last revised December 21, 2004)
Involuntary Commitment Laws for Minors
62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Custody.
(1) (a) Subject to Subsection (1)(b), commitment proceedings for a child may be commenced by filing a written application with the juvenile court of the county in which the child resides or is found, in accordance with the procedures described in Section 62A-15-631.
(b) Commitment proceedings under this section may be commenced only after a commitment proceeding under Section 62A-15-703 has concluded without the child being committed.
(2) The juvenile court shall order commitment to the physical custody of a local mental health authority if, upon completion of the hearing and consideration of the record, it finds by clear and convincing evidence that:
(a) the child has a mental illness, as defined in Subsection 62A-15-602(8);
(b) the child demonstrates a risk of harm to himself or others;
(c) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from the proposed care and treatment; and
(e) there is no appropriate less restrictive alternative.
(3) The local mental health authority has an affirmative duty to conduct periodic reviews of children committed to its custody pursuant to this section, and to release any child who has sufficiently improved so that the local mental health authority or its designee determines that commitment is no longer appropriate. (Amended by 2003 General Session; Last revised December 21, 2004)
62A-15-301. Commitment of minor to secure drug or alcohol facility or program -- Procedures -- Review.
(1) For purposes of this part:
(a) "Approved treatment facility or program" means a public or private secure, inpatient facility or program that is licensed or operated by the department or by the Department of Health to provide drug or alcohol treatment or rehabilitation.
(b) "Drug or alcohol addiction" means that the person has a physical or psychological dependence on drugs or alcohol in a manner not prescribed by a physician.
(2) The parent or legal guardian of a minor under the age of 18 years may submit that child, without the child's consent, to an approved treatment facility or program for treatment or rehabilitation of drug or alcohol addiction, upon application to a facility or program, and after a careful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with the requirements of this section.
(3) The neutral fact finder who conducts the inquiry:
(a) shall be either a physician, psychologist, marriage and family therapist, psychiatric and mental health nurse specialist, or social worker licensed to practice in this state, who is trained and practicing in the area of substance abuse; and
(b) may not profit, financially or otherwise, from the commitment of the child and may not be employed by the proposed facility or program.
(4) The review by a neutral fact finder may be conducted on the premises of the proposed treatment facility or program.
(5) The inquiry conducted by the neutral fact finder shall include a private interview with the child, and an evaluation of the child's background and need for treatment.
(6) The child may be committed to the approved treatment facility or program if it is determined by the neutral fact finder that:
(a) the child is addicted to drugs or alcohol and because of that addiction poses a serious risk of harm to himself or others;
(b) the proposed treatment or rehabilitation is in the child's best interest; and
(c) there is no less restrictive alternative that would be equally as effective, from a clinical standpoint, as the proposed treatment facility or program.
(7) Any approved treatment facility or program that receives a child under this section shall conduct a periodic review, at intervals not to exceed 30 days, to determine whether the criteria described in Subsection (6) continue to exist.
(8) A minor committed under this section shall be released from the facility or program upon the request of his parent or legal guardian.
(9) Commitment of a minor under this section terminates when the minor reaches the age of 18 years.
(10) Nothing in this section requires a program or facility to accept any person for treatment or rehabilitation.
(11) The parent or legal guardian who requests commitment of a minor under this section is responsible to pay any fee associated with the review required by this section and any necessary charges for commitment, treatment, or rehabilitation for a minor committed under this section.
(12) The child shall be released from commitment unless the report of the neutral fact finder is submitted to the juvenile court within 72 hours of commitment and approved by the court. (Amended by 2002 Special Session 5; Last revised December 21, 2004)
| Department of Psychology | College of Humanities & Social Sciences |
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