§ 84168.1. Admission Criteria.
22 CA ADC § 84168.1Barclays Official California Code of RegulationsEffective: July 1, 2024
Effective: July 1, 2024
22 CCR § 84168.1
§ 84168.1. Admission Criteria.
(1) A written statement, signed by an appropriate licensed mental health professional, certifying that the child is seriously emotionally disturbed, as defined in Section 84111(s)(3); requires periods of containment to participate in and benefit from mental health treatment; that a proposed treatment program is reasonably expected to improve the child's mental disorder; and meets one of the following requirements:
(A) An application for a child of any age under the jurisdiction of juvenile court and the court's consent to treatment shall be documented by a copy of the juvenile court ruling making the findings specified in Section 6552 of the Welfare and Institutions Code, together with the child's application for treatment.
(B) An application made by the conservator for a child of any age in custody of a conservator appointed in accordance with Section 5350 of the Welfare and Institutions Code, shall be documented by the court papers appointing the conservator and delineating the conservator's authorization to place the child in a community treatment facility as well as any other powers that may be relevant in this setting along with the conservator's written consent for treatment.
(D) An application for a child 14 through 17 years of age not within the jurisdiction of the juvenile court shall be documented by a written consent to treatment signed by both parents or the admitting parent must submit a court order demonstrating that they have sole legal custody and control of the child and one of the following:
1. A statement signed by the child and the child's attorney or patients' rights advocate that the child has made a knowing and voluntary waiver of their right to a pre-admission administrative hearing after being advised by the attorney or notified by the advocate of their rights to a pre-admission hearing in accordance with In re Roger S. (1977) 19 Cal. 3d 921. If the child waives their right to a pre-admission hearing based on the notification of rights by the advocate the child's statement must also indicate that they have been notified of their right to receive the advice of an attorney and has made a knowing and voluntary waiver of that right; or
Credits
Note: Authority cited: Sections 1530 and 1530.9, Health and Safety Code. Reference: Section 1502.4, Health and Safety Code; and Sections 4094(f) and (g), 4094.5(a) and (e)(1), Welfare and Institutions Code.
History
1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).
2. Amendment of subsection (b)(2)(D)1. filed 3-1-2024; operative 7-1-2024 (Register 2024, No. 9).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 84168.1, 22 CA ADC § 84168.1
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