Idaho Code 16-2409 – Conversion From Involuntary to Voluntary Status
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Upon approval by the court, a child who is subject to involuntary treatment under this chapter may at any time convert to a voluntary status if informed consent to treatment can be obtained from his parent or guardian. The court shall approve conversion from involuntary to voluntary status if the court finds that:
(1) (a) The child is not likely to cause harm to himself or suffer substantial mental or physical deterioration; and
(b) The child is not likely to cause harm to others; or
(2) The conversion from involuntary to voluntary status is in the best interests of the child and consistent with the requirements of public safety.
Terms Used In Idaho Code 16-2409
- Child: means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. See Idaho Code 16-2403
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Informed consent to treatment: means a knowing and voluntary decision to undergo a specific course of treatment, evidenced in writing, and made by an emancipated child, or a child’s parent, or guardian, who has the capacity to make an informed decision, after the staff of the facility or other provider of treatment has explained the nature and effects of the proposed treatment. See Idaho Code 16-2403
- Involuntary treatment: means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code. See Idaho Code 16-2403
- Likely to cause harm to others: means that, as evidenced by recent behavior causing, attempting, or threatening such harm with the apparent ability to complete the act, a child is likely to cause physical injury or physical abuse to another person. See Idaho Code 16-2403