1. A. The report of a licensed mental health professional prepared pursuant to Section 5-506 or 5-507 of this title shall include written findings as to whether:

   1. 1. The minor appears to have demonstrable mental illness or drug or alcohol dependence and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person if services are not provided, has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation, and is reasonably likely to benefit from treatment; and

   2. 2. Based upon the following, inpatient treatment is the least restrictive alternative that meets the needs of the minor:

      1. a. reasonable efforts have been made to provide for the treatment needs of the minor through the provision of less restrictive alternatives and such alternatives have failed to meet the treatment needs of the minor, or
      2. b. after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the minor is such that less restrictive alternatives are unlikely to meet the treatment needs of the minor; and
   3. 3. The minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and
   4. 4. If the minor is sixteen (16) years of age or older and was admitted to or detained in a mental health or substance abuse treatment facility pursuant to Section 5-506 of this title, the minor has been provided with an explanation of the rights of the minor pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act as they would apply if the minor were to object to admission, and the minor has objected to admission.
2. B. Any report of a mental health evaluation of a minor alleged to be a minor in need of treatment that recommends that the minor be found to be eligible for inpatient mental health or substance abuse treatment shall be signed by the licensed mental health professional examining the minor.
3. C. The report of a mental health evaluation of a minor pursuant to Section 5-506 or 5-507 of this title shall be submitted to the district attorney.
4. D. The parents, all public agencies, and all providers or programs which have treated or are treating the minor shall cooperate with the person conducting a mental health evaluation for the purpose of providing a report to a district attorney or to a district court and shall promptly deliver, as otherwise provided by law, all records related to the treatment or education of the minor.

Added by Laws 1992, HB 1544, c. 298, § 8, eff. July 1, 1993; Amended by Laws 1995, HB 1554, c. 254, § 7, eff. November 1, 1995; Amended by Laws 1998, c. 144, § 7, emerg. eff. April 22, 1998 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 8, emerg. eff. July 1, 2002 (superseded document available).