1. A. Upon the application of a parent and following a medical necessity review, a minor sixteen (16) years of age or older who objects to admission or revokes his or her consent to inpatient treatment may be admitted or detained on an emergency basis in a mental health or substance abuse treatment facility that is willing to admit or detain the minor for a period not to exceed five (5) days from the time of admission or detention, excluding weekends and legal holidays. The admission or detention for an emergency basis may only exceed five (5) days, excluding weekends or holidays, if the facility receives a prehearing detention order authorizing detention pending a hearing on a petition to determine whether the minor is a minor in need of treatment and to require inpatient treatment. If admission or transfer from a private facility to a state-operated facility is sought, the community mental health center serving the area in which the minor resides shall provide the required evaluations and reports and shall ensure that the necessary written findings have been made.

2. B.

   1. 1. A minor admitted or detained pursuant to this section shall be evaluated by a licensed mental health professional to determine whether the minor is a minor in need of treatment.

      1. a. If the licensed mental health professional determines that the minor is a minor in need of treatment, the licensed mental health professional shall submit a report of the evaluation to the district attorney within forty-eight (48) hours, excluding weekends or holidays, of admission, detention, or revocation of the consent of the minor sixteen (16) years of age or older or to the parent.
      2. b. If the licensed mental health professional determines that the minor is not a minor in need of treatment, the minor shall immediately be discharged.

   2. 2. Upon admission or detention of a minor pursuant to this section , the person requesting the petition shall immediately notify the district attorney. The district attorney shall file a petition as provided in Section 5-509 of this title within three (3) days of receipt of the report and shall request a prehearing detention order from the court authorizing further detention of the child in the facility pending a hearing on a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment and further order of the court.

      1. a. If the court finds probable cause exists that the minor is a minor in need of treatment, the court shall issue a prehearing detention order authorizing the facility to detain the minor until the hearing on the petition and to immediately set a date and time for a hearing on the petition. A certified copy of the prehearing detention order shall constitute authority for a facility to detain or continue to detain the minor who is the subject of the order.
      2. b. If the court does not find probable cause exists that the minor is a minor in need of treatment, the court shall dismiss the petition and request for a prehearing detention order and order the release of the minor to the minor’s parent.
3. C. If the parent who consented to the admission of a minor under this section revokes such consent at any time, the minor shall be released within forty-eight (48) hours to the custody of the parent unless the person in charge of the facility, or a designee, requests the filing of a petition as provided of in this section.

Added by Laws 1992, HB 1544, c. 298, § 6, eff. July 1, 1993; Amended by Laws 1998, c. 144, § 6, emerg eff. April 22, 1998 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 6, emerg. eff. July 1, 2002 (superseded document available); Amended by Laws 2003, SB 674, c. 130, § 6, eff. November 1, 2003 (superseded document available).