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 if a minor age sixteen (16) years or older refuses or revokes consent to inpatient mental health or substance abuse treatment, the parent may request that the district attorney file a petition alleging the minor to be a minor in need of mental health treatment and require inpatient treatment.
3. C. A mental health or substance abuse treatment facility may request that the district attorney file a petition alleging a minor to be a minor in need of treatment and require inpatient treatment when the parent consenting to the admission of a minor or when the minor age sixteen (16) years or older who had previously consented to admission revokes such consent and the person in charge of the facility, or a designee, determines that the condition of the minor is such that the minor should remain in the facility.

4. D. A minor who is in the legal custody of the Department of Human Services or the Office of Juvenile Affairs, or who is a ward of a court may be admitted to a hospital or other facility for inpatient mental health or substance abuse treatment only pursuant to the provisions of Section 5-507 of this title.

   1. 1. 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.
   2. 2. 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, or agency 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 reasonably believes that a minor is a minor in need of treatment, the officer shall take the minor into protective custody and shall transport the 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); Amended by Laws 2003, SB 674, c. 130, § 3, eff. November 1, 2003 (superseded document available).