16.1-338 - Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older.
§ 16.1-338. Parental admission of minors younger than 14 and nonobjectingminors 14 years of age or older.
A. A minor younger than 14 years of age may be admitted to a willing mentalhealth facility for inpatient treatment upon application and with the consentof a parent. A minor 14 years of age or older may be admitted to a willingmental health facility for inpatient treatment upon the joint application andconsent of the minor and the minor's parent.
B. Admission of a minor under this section shall be approved by a qualifiedevaluator who has conducted a personal examination of the minor within 48hours after admission and has made the following written findings:
1. The minor appears to have a mental illness serious enough to warrantinpatient treatment and is reasonably likely to benefit from the treatment;and
2. The minor has been provided with a clinically appropriate explanation ofthe nature and purpose of the treatment; and
3. If the minor is 14 years of age or older, that he has been provided withan explanation of his rights under this Act as they would apply if he were toobject to admission, and that he has consented to admission; and
4. All available modalities of treatment less restrictive than inpatienttreatment have been considered and no less restrictive alternative isavailable that would offer comparable benefits to the minor.
If admission is sought to a state hospital, the community services boardserving the area in which the minor resides shall provide, in lieu of theexamination required by this section, a preadmission screening reportconducted by an employee or designee of the community services board andshall ensure that the necessary written findings have been made beforeapproving the admission. A copy of the written findings of the evaluation orpreadmission screening report required by this section shall be provided tothe consenting parent and the parent shall have the opportunity to discussthe findings with the qualified evaluator or employee or designee of thecommunity services board.
C. Within 10 days after the admission of a minor under this section, thedirector of the facility or the director's designee shall ensure that anindividualized plan of treatment has been prepared by the providerresponsible for the minor's treatment and has been explained to the parentconsenting to the admission and to the minor. The minor shall be involved inthe preparation of the plan to the maximum feasible extent consistent withhis ability to understand and participate, and the minor's family shall beinvolved to the maximum extent consistent with the minor's treatment needs.The plan shall include a preliminary plan for placement and aftercare uponcompletion of inpatient treatment and shall include specific behavioral andemotional goals against which the success of treatment may be measured. Acopy of the plan shall be provided to the minor and to his parents.
D. If the parent who consented to a minor's admission under this sectionrevokes his consent at any time, or if a minor 14 or older objects at anytime to further treatment, the minor shall be discharged within 48 hours tothe custody of such consenting parent unless the minor's continuedhospitalization is authorized pursuant to § 16.1-339, 16.1-340.1, or16.1-345. If the 48-hour time period expires on a Saturday, Sunday, legalholiday or day on which the court is lawfully closed, the 48 hours shallextend to the next day that is not a Saturday, Sunday, legal holiday or dayon which the court is lawfully closed.
E. Inpatient treatment of a minor hospitalized under this section may notexceed 90 consecutive days unless it has been authorized by appropriatehospital medical personnel, based upon their written findings that thecriteria set forth in subsection B of this section continue to be met, aftersuch persons have examined the minor and interviewed the consenting parentand reviewed reports submitted by members of the facility staff familiar withthe minor's condition.
F. Any minor admitted under this section while younger than 14 and hisconsenting parent shall be informed orally and in writing by the director ofthe facility for inpatient treatment within 10 days of his fourteenthbirthday that continued voluntary treatment under the authority of thissection requires his consent.
G. Any minor 14 years of age or older who joins in an application andconsents to admission pursuant to subsection A, shall, in addition to hisparent, have the right to access his health information. The concurrentauthorization of both the parent and the minor shall be required to disclosesuch minor's health information.
H. A minor who has been hospitalized while properly detained by a juvenileand domestic relations district court or circuit court shall be returned tothe detention home, shelter care, or other facility approved by theDepartment of Juvenile Justice by the sheriff serving the jurisdiction wherethe minor was detained within 24 hours following completion of a period ofinpatient treatment, unless the court having jurisdiction over the caseorders that the minor be released from custody.
(1990, c. 975; 1991, c. 159; 2005, cc. 181, 227; 2008, cc. 783, 808; 2009,cc. 455, 555; 2010, cc. 778, 825.)