1. A. A minor may be admitted for inpatient mental health or substance abuse treatment only pursuant to the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
2. B. A parent of a minor may consent to the voluntary admission of the minor for inpatient mental health or substance abuse treatment or, when the minor is age sixteen (16) or older and refuses to consent or revokes his or her consent to inpatient mental health or substance abuse treatment, request the district attorney to file a petition alleging the minor to be a minor in need of mental health treatment and to require inpatient treatment.
3. C. A mental health or substance abuse treatment facility may make application to the district attorney for the filing of a petition alleging a minor to be a minor in need of treatment and to require inpatient treatment when the parent consenting to the admission of a minor revokes such consent and the person in charge of the facility, or other person authorized by the person in charge of the facility to make such determination, determines that the condition of the minor is such that the minor should remain in the facility.

4. D. A minor who is a ward of a court may be admitted to a hospital or other facility for inpatient mental health or substance abuse evaluation or treatment only pursuant to the provisions of Section 5-507 of this title.

   1. 1.

      1. a. A parent having legal custody of a minor who is a ward of the court, with the consent of the person responsible for the supervision of the case, may request the district attorney to file a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment, or
      2. b. The Department of Human Services, the Office of Juvenile Affairs or the juvenile bureau having supervision of the case may make such request.

   2. 2. A public or private child care agency having legal custody of a minor may request the district attorney to file a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment.

      Nothing in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be interpreted to prohibit or preclude the provision of outpatient treatment or services including, but not limited to, outpatient evaluation, counseling, educational, rehabilitative or other mental health and substance abuse services to the minor, as necessary and appropriate, in the absence of a specific court order for such services.

5. E.

   1. 1. An order of a court committing a minor to a facility for inpatient mental health or substance abuse evaluation or treatment shall not, by itself, relieve a parent of the obligation to provide for the support of the minor nor of liability for the cost of treatment provided to the minor.

   2. 2. Nothing in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be interpreted to:

      1. a. limit the authority of the court to order a parent to make support payments or to make payments or reimbursements for medical care or treatment, including mental health care or treatment, to the person, institution, agency or Department having custody of the minor or providing the treatment, or
      2. b. abrogate the right of the minor to any benefits provided through public funds for which the minor is otherwise eligible.
   3. 3. An order committing a minor to a facility for inpatient mental health or substance abuse treatment shall not by itself serve to preclude a subsequent adjudication which finds the minor to be delinquent, in need of supervision or deprived nor shall it cause the vacation of any such order of adjudication previously entered.
6. F. If a peace officer determines that a minor is a threat to self or others as a result of mental illness or drug or alcohol dependence to a degree that immediate emergency action is necessary, the officer shall take said minor into protective custody and shall transport said minor to a mental health or substance abuse treatment facility for evaluation. Peace officers providing such transportation services shall be entitled to reimbursement pursuant to Section 1-110 of this title.

Laws 1992, HB 1544, c. 298, § 3, eff. July 1, 1993; Amended by Laws 1995, HB 1554, c. 254, § 4, eff. November 1, 1995; Amended by Laws 1998, c. 144, § 4, emerg. eff. April 22, 1998 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 3, emerg. eff. July 1, 2002 (superseded document available).