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Policy Manual
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COURTS
Probate Court

46-4-7
Mental Health Commitment Procedures

Policy

When a DCF committed child or youth requires commitment to Riverview Hospital for Children and Youth, the child/youth’s regional office social worker shall contact the Riverview Hospital Intake Coordinator.

The commitment process shall be initiated by Riverview Hospital staff.

Regional Office Social Worker Responsibilities

The DCF Regional Office Social Worker shall attempt to attend any hearings scheduled concerning the commitment of a child/youth on their caseload. If the social worker is unable to attend a hearing, they shall send a copy of the child/youth’s treatment plan to the Probate Court. Information regarding the availability of least restrictive placement alternatives is especially beneficial to the Probate Court.

Admission
on a Voluntary Status

If a DCF committed child is admitted on a Voluntary Status, a letter shall be sent immediately to the Probate Court by the Riverview Hospital Supervisor of Medical Records indicating that a review of status is required. An attorney appointed by the Probate Court shall interview the child/youth and submit to the court a report stating whether or not they agree to the continued hospitalization.

Admission on Physician’s Emergency Certificate

If a DCF committed child is admitted on a Physician’s Emergency Certificate and the Certificate expires, the Riverview Hospital Supervisor of Medical Records shall send a letter to the Probate Court, by the fourteenth or fifteenth (14th-15th) day of admission, indicating a review of status is required. An attorney appointed by the Probate Court shall interview the child/youth and submit to the court a report stating whether or not they agree to the continued hospitalization.

Application for Voluntary Admission

An application for Voluntary Admission is a form that is signed by an individual who is fourteen (14) years old or older. It is signed by the patient and by the parent/guardian.

Youth under the age of sixteen (16) who are committed to the department cannot sign this form without legal representation. If the attorney appointed for the child/youth through Juvenile Court does not co-sign, the Riverview Hospital Supervisor of Medical Records shall send a letter to the Probate Court indicating a review of status is required. An attorney appointed by the Probate Court shall interview the child/youth and submit to the court a report stating whether or not they agree to the continued hospitalization.

If the decision made by the Probate Court appointed attorney is that the child does not belong in the hospital and the hospital disagrees, an Application for Probate Commitment is submitted.

If a fourteen or fifteen year old youngster signs himself into the hospital, a letter must be written to the parents notifying them that their child is in the hospital. The parents are requested to co-sign the voluntary application.

Application for Involuntary Commitment of a Child/Youth

If a child fourteen (14) years of older does not wish to stay in the hospital after the Physician’s Emergency Certificate expires, an application for Involuntary Commitment shall be filed with the Probate Court. An attorney and two physicians, one (1) of whom must be a psychiatrist, shall interview/examine the child/youth. A hearing shall be scheduled within ten (10) days of the examination and decision will be made to commit or discharge the child/youth.

A child/youth under sixteen (16) shall be committed for not more than six(6) months. A youth over sixteen shall be committed for up to one (1) year.

Probable Cause

When a child/youth is admitted to the hospital on a Physician’s Emergency Certificate and requests a Probable Cause hearing, the Probate Court shall be notified by the Riverview Hospital Supervisor of Medical Records. A time and date is set so the hearing will be held within seventy-two (72) hours. An attorney appointed by the Probate Court and the Judge shall be present at the hearing. The child/youth’s Regional Office Social Worker is strongly encouraged to attend all scheduled hearings.

Three (3) Day Paper

Any youth over the age of fourteen (14) and hospitalized under their own signature as a voluntary patient may request to be discharged within three (3) days (three-day paper). Once the youth submits the request for discharge, the hospital must release the patient within three days or file for Probate commitment.

In the case of a youth between the ages fourteen and sixteen (14-16), the parent or legal guardian may be allowed to sign a voluntary admission in the youth’s name. In such a case, the youth may request to challenge the parent’s decision through the Probate Court.

If a parent who has admitted his/her child voluntarily wants the child released, he/she shall submit a letter to the hospital superintendent requesting the release. The patient shall be informed the hospital has up to three (3) days to determine whether an application for Probate Court Commitment will be submitted.

Right to Review Voluntary Status

Any child admitted to the hospital voluntarily by a parent or legal guardian has the right to have a review of the hospitalization when they reach their fourteenth (14th) birthday. The youth is asked to sign a form indicating whether or not a hearing is requested. If a hearing is requested, the Probate Court shall be notified by the Riverview Hospital Supervisor of Medical Records and a date and time for the hearing shall be set by the court. The Judge and an attorney, appointed by the Probate Court to represent the youth, shall be present at the hearing.

Voluntary Hospitalization Beyond One (1) Year

The Probate Court shall be notified by mail when a child/youth has been hospitalized voluntarily for more than one (1) year. The Probate Court shall assign a psychiatrist to review the case and determine if continued hospitalization is necessary. The psychiatrist shall exam the child/youth within ten (10) days of appointment. Parental information and/or consent is not required by law.

Review Of Probate Court Commitments

All youth under the age of sixteen (16) who have been committed to the hospital by the Probate Court shall be reviewed every six (6) months and a new application must be filed with the Probate Court.

Parental Consent Necessary for Treatment

Parental consent shall be necessary for treatment. In the event parental consent is withheld or immediately unavailable and the physician concludes treatment is necessary to prevent serious harm to the child, emergency treatment may be administered pending receipt of parental consent.

Involuntary patients may receive medication and treatment without their consent, or the consent of their parents, but no medical or surgical procedures may be performed without the written, informed consent of:

· the child’s parent, if the patient has one

· the child’s next of kin

or

· a qualified physician appointed by the Probate Court which signed the order of hospitalization.

Note: If the hospital superintendent, in consultation with a physician, determines the condition of a child, whether a voluntary or involuntary patient, is of an extremely critical nature, then emergency measures may be taken without the consent outlined above.

Cross Reference: 92-6-2, Legal Status.

 

Connecticut Department of Children and Families  Effective Date:  July 1, 1999 (New)