State Codes and Statutes

Statutes > Utah > Title-62a > Chapter-15 > 62a-15-301

62A-15-301. Commitment of minor to secure drug or alcohol facility or program --Procedures -- Review.
(1) For purposes of this part:
(a) "Approved treatment facility or program" means a public or private secure, inpatientfacility or program that is licensed or operated by the department or by the Department of Healthto provide drug or alcohol treatment or rehabilitation.
(b) "Drug or alcohol addiction" means that the person has a physical or psychologicaldependence on drugs or alcohol in a manner not prescribed by a physician.
(2) The parent or legal guardian of a minor under the age of 18 years may submit thatchild, without the child's consent, to an approved treatment facility or program for treatment orrehabilitation of drug or alcohol addiction, upon application to a facility or program, and after acareful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with therequirements of this section.
(3) The neutral fact finder who conducts the inquiry:
(a) shall be either a physician, psychologist, marriage and family therapist, psychiatricand mental health nurse specialist, or social worker licensed to practice in this state, who istrained and practicing in the area of substance abuse; and
(b) may not profit, financially or otherwise, from the commitment of the child and maynot be employed by the proposed facility or program.
(4) The review by a neutral fact finder may be conducted on the premises of the proposedtreatment facility or program.
(5) The inquiry conducted by the neutral fact finder shall include a private interview withthe child, and an evaluation of the child's background and need for treatment.
(6) The child may be committed to the approved treatment facility or program if it isdetermined by the neutral fact finder that:
(a) the child is addicted to drugs or alcohol and because of that addiction poses a seriousrisk of harm to himself or others;
(b) the proposed treatment or rehabilitation is in the child's best interest; and
(c) there is no less restrictive alternative that would be equally as effective, from a clinicalstandpoint, as the proposed treatment facility or program.
(7) Any approved treatment facility or program that receives a child under this sectionshall conduct a periodic review, at intervals not to exceed 30 days, to determine whether thecriteria described in Subsection (6) continue to exist.
(8) A minor committed under this section shall be released from the facility or programupon the request of his parent or legal guardian.
(9) Commitment of a minor under this section terminates when the minor reaches the ageof 18 years.
(10) Nothing in this section requires a program or facility to accept any person fortreatment or rehabilitation.
(11) The parent or legal guardian who requests commitment of a minor under this sectionis responsible to pay any fee associated with the review required by this section and anynecessary charges for commitment, treatment, or rehabilitation for a minor committed under thissection.
(12) The child shall be released from commitment unless the report of the neutral factfinder is submitted to the juvenile court within 72 hours of commitment and approved by the

court.

Renumbered and Amended by Chapter 8, 2002 Special Session 5