1. A. At the hearing the court shall determine whether by clear and convincing evidence:

   1. 1. The child has a 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 another person if mental health services are not provided and has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation; and
   2. 2. The child is in need of the inpatient mental health treatment proposed in the individualized treatment plan and is likely to benefit from such treatment.
2. B. After a hearing, the court shall order the child to receive the least restrictive mental health care and treatment appropriate for the treatment needs of the child until such time as the care and treatment are no longer necessary.

3. C. The court shall not commit a child to a mental health facility for inpatient treatment unless the court determines:

   1. 1. The child has a 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 another person if mental health services are not provided and has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation; or
   2. 2. That all reasonable efforts have been made to provide for the mental health treatment needs of the child through the provision of less restrictive alternatives to inpatient treatment and that such alternatives have failed to meet the treatment needs of the child; or
   3. 3. After a thorough consideration of less restrictive alternatives to inpatient treatment, that the condition of the child is such that less restrictive alternatives are unlikely to meet the mental health treatment needs of the child; and
   4. 4. There are no comparably effective mental health services available to the child that are less physically intrusive or restrictive.

4. D. Whenever, after a hearing, the court finds that the child:

   1. 1. Is not a child in need of mental health treatment the court shall dismiss the case; or
   2. 2. Is a child in need of mental health treatment but does not require inpatient treatment, the court may order mental health treatment or services through a less restrictive alternative to inpatient mental health treatment and, upon a finding that it is in the best interests of the child, the court may order the parents or other adult persons living in the home of the child to comply with reasonable conditions relating to the treatment of the child.

5. E. Whenever, after a hearing, the court finds that the child is a child in need of mental health treatment and requires inpatient treatment in a mental health facility, the court shall order the commitment of the child to a mental health facility for not more than thirty (30) days, and:

   1. 1. When the child is in the custody of a parent or legal guardian, order the parent or legal guardian to make arrangements for the admission of the child to a public or private mental health facility appropriate for the inpatient care and treatment of children which is willing to admit the child for treatment; and
   2. 2. When the child is in the custody of the Department of Human Services or the Office of Juvenile Affairs, order the Department or Office, as applicable, to make arrangements for the placement of the child in a public or private mental health facility appropriate for the inpatient treatment needs of the child.
6. F. Whenever the court commits a child to a mental health facility for inpatient treatment pursuant to this section, the court shall set the matter for review and shall review the matter not more than thirty (30) days from the date of commitment and shall continue to review the matter at intervals of not more than thirty (30) days until the child is discharged from inpatient mental health treatment. After the review and a determination by the court that the child continues to meet the criteria for inpatient treatment, the court may extend the commitment order for up to thirty (30) days and set the matter for review as required by this subsection.

Added by Laws 1992, HB 1544, c. 298, § 12, eff. July 1, 1993; Amended by Laws 1995, HB 1554, c. 254, § 10, eff. November 1, 1995.