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Policy
Manual

COURTS
Probate Court
46-4-7
Mental Health Commitment Procedures
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Policy |
When a DCF
committed child or youth requires commitment to Riverview Hospital for Children and Youth,
the child/youths 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/youths 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. |
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Admission on
Physicians Emergency Certificate |
If a DCF
committed child is admitted on a Physicians 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. |
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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. |
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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
Physicians 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. |
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Probable Cause |
When a
child/youth is admitted to the hospital on a Physicians 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/youths Regional Office Social Worker is
strongly encouraged to attend all scheduled hearings. |
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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 youths name. In such a case, the youth may request to
challenge the parents 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. |
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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. |
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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. |
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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. |
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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 childs parent, if the patient has one
· the childs 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.
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Cross
Reference: 92-6-2, Legal Status.
Connecticut Department of Children and Families Effective
Date: July 1, 1999 (New)
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