Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatment may be extended for periods of up to one hundred eighty (180) days upon a petition filed with the court by the treatment facility or by the child’s parent, or guardian, or other interested party.
(1)  The petition shall include a statement why the child still meets the criteria for involuntary treatment, what treatment has been provided and what progress has been made, why a further period of involuntary treatment is warranted, and the identity of any person who has knowledge concerning the case. The petition shall be promptly served upon the child, the child’s parent, custodian, or guardian, and the child’s attorney.

Terms Used In Idaho Code 16-2420

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • 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
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Treatment facility: means a facility or program meeting applicable licensing standards that has been approved for the provisions of services under this chapter by the department of health and welfare. See Idaho Code 16-2403
    • (2)  The child shall be entitled to a hearing before the court on the petition on or before the first business day following expiration of the operative period of involuntary treatment and shall have the same rights to which he was entitled at the initial hearing on involuntary treatment in section 16-2417, Idaho Code.
    (3)  The court shall order that the child be discharged unless it determines by clear and convincing evidence that:
    (a)  The child still satisfies the criteria for involuntary treatment; and
    (b)  That there is a reasonable prospect that a substantial therapeutic purpose would be served by a further period of involuntary treatment.
    (4)  Additional involuntary treatment orders for periods up to one hundred eighty (180) days each may be ordered in accordance with this section.