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, inpatient
facility or program that is licensed or operated by the department or by the Department of Health
to provide drug or alcohol treatment or rehabilitation.
(b) "Drug or alcohol addiction" means that the person has a physical or psychological
dependence 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 that
child, without the child's consent, to an approved treatment facility or program for treatment or
rehabilitation of drug or alcohol addiction, upon application to a facility or program, and after a
careful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with the
requirements of this section.
(3) The neutral fact finder who conducts the inquiry:
(a) shall be either a physician, psychologist, marriage and family therapist, psychiatric
and mental health nurse specialist, or social worker licensed to practice in this state, who is
trained and practicing in the area of substance abuse; and
(b) may not profit, financially or otherwise, from the commitment of the child and may
not be employed by the proposed facility or program.
(4) The review by a neutral fact finder may be conducted on the premises of the proposed
treatment facility or program.
(5) The inquiry conducted by the neutral fact finder shall include a private interview with
the 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 is
determined by the neutral fact finder that:
(a) the child is addicted to drugs or alcohol and because of that addiction poses a serious
risk 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 clinical
standpoint, as the proposed treatment facility or program.
(7) Any approved treatment facility or program that receives a child under this section
shall conduct a periodic review, at intervals not to exceed 30 days, to determine whether the
criteria described in Subsection (6) continue to exist.
(8) A minor committed under this section shall be released from the facility or program
upon the request of his parent or legal guardian.
(9) Commitment of a minor under this section terminates when the minor reaches the age
of 18 years.
(10) Nothing in this section requires a program or facility to accept any person for
treatment or rehabilitation.
(11) The parent or legal guardian who requests commitment of a minor under this section
is responsible to pay any fee associated with the review required by this section and any
necessary charges for commitment, treatment, or rehabilitation for a minor committed under this
section.
(12) The child shall be released from commitment unless the report of the neutral fact
finder 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
Download Code Section Zipped WordPerfect 62A15_030100.ZIP 3,196 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009