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

4. D. A child who is a ward of a court may be admitted to a hospital or other mental health facility for inpatient mental health evaluation or treatment only pursuant to the provisions of Section 43A-5-507 of this title.

   1. 1.

      1. a. A parent having legal custody of a child 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 child to be a child in need of mental health 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 child may request the district attorney to file a petition alleging the child to be a child in need of mental health treatment and to require inpatient treatment.
5. E. Nothing in the Inpatient Mental Health Treatment of Children Act shall be interpreted to prohibit or preclude the provision of outpatient mental health treatment or services including, but not limited to, an outpatient mental health evaluation, counseling, educational, rehabilitative or other mental health services to the child, as necessary and appropriate, in the absence of a specific court order for such services.

6. F.

   1. 1. An order of a court committing a child to a mental health facility for inpatient evaluation or treatment shall not, by itself, relieve a parent of the obligation to provide for the support of the child or of liability for the cost of mental health treatment provided to the child.

   2. 2. Nothing in the Inpatient Mental Health Treatment of Children 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 child or providing the treatment, or
      2. b. abrogate the right of the child to any benefits provided through public funds for which the child is otherwise eligible.
   3. 3. An order committing a child to a mental health facility for inpatient treatment shall not by itself serve to preclude a subsequent adjudication which finds the child to be delinquent, in need of supervision or deprived or shall not cause the vacation of any such order of adjudication previously entered.

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).