8-273. Residential treatment services; definition

A. If a child exhibits behavior that indicates the child may suffer from a mental disorder or if it is recommended as a result of an outpatient assessment or inpatient assessment pursuant to section 8-272 that a child receive residential treatment services, an entity may file a motion requesting that the juvenile court order a child to receive residential treatment services. If the motion states that all parties, including counsel for the child, have been contacted and are in agreement, the court is not required to set a hearing on the motion.

B. A motion for residential treatment services shall be supported by a written psychological, psychiatric or medical assessment recommending residential treatment services. The court may waive the written assessment on a finding of good cause. The written assessment shall include at least the following:

1. The reason why residential treatment services are in the child's best interests.

2. The reason why residential treatment services are the least restrictive treatment available.

3. The reason why the child's behavioral, psychological, social or mental health needs require residential treatment services.

4. The estimated length of time that the child will require residential treatment services.

C. A motion for residential treatment services shall be supported by a written statement from the medical or clinical director of the residential treatment facility or the director's designee that the facility's services are appropriate to meet the child's needs.

D. As soon as practicable after an entity files a motion under subsection A of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed. The court may also appoint a guardian ad litem for the child.

E. The child's attorney shall discuss the treatment recommendations with the child. The child's attorney or designee shall attend all court hearings related to the child's placement in a residential treatment facility and shall be prepared to report to the court on the child's position regarding any recommendations or requests related to the provision of residential treatment services. The child may appear at any hearing, unless the court finds by a preponderance of the evidence that allowing the child to attend the hearing would not be in the child's best interests.

F. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

1. The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.

2. Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive available alternative.

G. The court shall review the child's continuing need for residential treatment services at least every sixty days from the date of the treatment order. The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all of the parties, including the child's attorney and guardian ad litem. The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

1. The nature of the treatment provided, including any medications and the child's current diagnosis.

2. The child's need for continued residential treatment services, including the estimated length of the services.

3. A projected discharge date.

4. The level of care required by the child and the potential placement options that are available to the child on discharge.

5. A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

H. On its own motion or on the motion of a party, the court may schedule a hearing concerning the child's continuing need for residential treatment services. If requested by the child, the court shall schedule a hearing unless the court has held a review hearing within sixty days before the child's request. If requested by the child, the court may hold a hearing at any time for good cause shown.

I. If the child is a dually adjudicated child, the entity that requests an order for residential treatment services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of residential treatment services. Any entity may attend and participate in all hearings or other proceedings relating to the provision of residential treatment services to a dually adjudicated child.

J. Information or records that are obtained or created pursuant to any assessment, examination or treatment are subject to the confidentiality requirements of section 36-509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8-341.

K. This section does not apply to a child who is either:

1. Committed to the department of juvenile corrections. Section 41-2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.

2. Adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court. Section 8-341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services.

L. For the purposes of this section, " child" means a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age and who is either:

1. Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.

2. In the temporary custody of the department pursuant to section 8-821.