8-273

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 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 child protective services pursuant to section 8-821.