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Relating to the provision of mental health services to persons younger than 18 years of age.
According to the Legislative Budget Board, no fiscal impact to the state is anticipated.
HB 1318 would allow any adult who has had actual care, custody, and control of a minor child for at least six months to seek a court order for temporary authorization to consent to voluntary inpatient mental health services for that child by filing a petition in the district court in the county in which the person resides. Certain disclosures would be required to be made in the petition.
The petition would be required to include a sworn statement by a physician who examined the child that the child is a person with a mental illness or serious emotional disorder who presents a risk of serious harm to self or others if not immediately restrained or hospitalized, and any reason that the petitioner is unable to obtain signed, written documentation from a parent, conservator, or guardian.
At a hearing the court may take into consideration evidence presented by the petitioner and any objection or other testimony of the child's parent, conservator, or guardian.
The court shall dismiss the petition for temporary authorization if an objection is made by the child's parent, conservator, or guardian.
The court shall grant the petition for temporary authorization only if it finds by a preponderance of the evidence that the child does not have an available parent, conservator, guardian, or other legal representative to give consent, and finds by clear and convincing evidence that the child has a mental illness or serious emotional disorder who presents a risk of serious self harm or harm to others.
The bill contains other provisions of less consequence or controversy.