1. A. The report of an independent licensed mental health professional prepared pursuant to Section 43A-5-506 or 43A-5-507 of this title shall include written findings as to whether:

   1. 1. The child appears to have demonstrable mental illness and as a result of that mental illness can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person if mental health 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 mental health treatment; and

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

      1. a. reasonable efforts have been made to provide for the mental health treatment needs of the child through the provision of less restrictive alternatives and such alternatives have failed to meet the treatment needs of the child, or
      2. b. after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the child is such that less restrictive alternatives are unlikely to meet the mental health treatment needs of the child; and
   3. 3. The child has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and
   4. 4. If the child is sixteen (16) years of age or older and was admitted to or detained in a mental health facility pursuant to Section 43A-5-506 of this title, the child has been provided with an explanation of the rights of the child pursuant to the Inpatient Mental Health Treatment of Children Act as they would apply if the child were to object to admission, and the child has objected to admission.
2. B. Any report of a mental health evaluation of a child alleged to be a child in need of mental health treatment that recommends that the child be found to be eligible for inpatient mental health treatment shall be signed by the independent licensed mental health professional examining the child.
3. C. The report of a mental health evaluation of a child pursuant to Section 43A-5-506 or 43A-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 child 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 child.

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 ).