4.5.8 Hearing on Placement in Residential Psychiatric Treatment Center

(Revision. 10/1/15)

Authority:Authority:

Background, Policy, and Procedure:

1. Purpose of Hearing: When it becomes necessary to place a child who is in the custody of the department in a residential psychiatric treatment center, the department must seek authorization from the court to do so. Such a placement must then be reviewed by the court periodically for continued authorization.

2. Time Limits: The initial hearing for placement in a residential psychiatric treatment center should be held before the placement is made. Once the court authorizes placement, the placement must be reviewed by the court every 90 days.

3. Information Relied Upon: In deciding whether to authorize placement in a residential psychiatric treatment center, the court relies upon the testimony of a mental health professional who has knowledge of the child’s condition and the proposed treatment center, as well as any other evidence or relevant information submitted by the parties.

4. Procedures for Requesting Placement:

   1. Exhaust less restrictive possibilities: Before a child may be placed in a residential treatment setting, less restrictive treatment alternatives must be tried, unless the child cannot safely be placed in a less restrictive setting.

   2. Present to placement committee (see section 6.5.2 Residential Psychiatric Center Level of Care).

   3. Provide documentation in support of Request for Placement to AAG: Once placement has been approved by the placement committee, the PSS will provide documentation supporting the placement recommendation to the AAG for attachment to a Motion for Placement Review Hearing. The documentation should include the following information from a mental health professional:

      1. a description of the child’s mental condition, including current diagnoses;

      2. a description of the child’s behaviors;

      3. a description of the less-restrictive placement settings that have been tried and failed, or an explanation of why no less restrictive setting is available or appropriate; and

      4. a description of the anticipated benefits of treatment at the proposed treatment center.

5. Presentation of Evidence: Authorization to place a child, or to maintain a child’s placement, in a residential psychiatric treatment center requires the testimony of a mental health professional. A person must possess certain qualifications in order to meet the legal definition of “mental health professional”; the PSS should consult with the AAG to determine who is best qualified in a given case. The testimony of a mental health professional is required regardless of whether any party opposes the proposed placement.

6. Findings Authorizing Initial Placement: In order to authorize the child’s initial placement in a residential psychiatric treatment center, the court must make the following findings by Clear and Convincing Evidence, based on the testimony of the mental health professional:

   1. The child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or to another person;

   2. There is no reasonably available, appropriate, and less restrictive alternative for the child’s treatment or that less restrictive alternatives have been tried and have failed; and

   3. There is reason to believe that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

7. Findings Authorizing Continued Placement: After the child’s initial placement, in order to authorize the child’s continued placement in a residential psychiatric treatment center, the court must make the following findings by clear and convincing evidence, based on the testimony of the mental health professional:

   1. The conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the child’s needs can be met in a less restrictive setting; and

   2. The child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

8. Placement No Longer Necessary: If the mental health professional responsible for the child’s treatment determines that the child would no longer benefit from the course of treatment or that the child’s treatment needs could be met in a less restrictive setting, the department must transfer the child to another appropriate, less restrictive setting. The PSS must notify the child, the parent(s) or guardian, and guardian ad litem of the determination and transfer.