Louisiana Children’s Code 1405 – Mental Health Advocacy Service (MHAS); representation; fees
Terms Used In Louisiana Children's Code 1405
- Discharge: means the full or conditional release from a treatment facility of any minor admitted or otherwise detained under this Title. See Louisiana Children's Code 1404
- MHAS: means Mental Health Advocacy Service, as established by La. See Louisiana Children's Code 1404
- Person with mental illness: means any person with a psychiatric disorder which has substantial adverse effects on his ability to function and who requires care and treatment. See Louisiana Children's Code 1404
- Respondent: means a person alleged to be mentally ill or suffering from substance abuse and for whom an application for commitment to a treatment facility has been filed. See Louisiana Children's Code 1404
- Substance abuse: means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled. See Louisiana Children's Code 1404
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Children's Code 1404
A. MHAS shall provide legal counsel to all patients who request such service and who are admitted for treatment pursuant to this Title, including but not limited to voluntary or involuntary admission, commitment, legal competency, change of status, transfer, and discharge.
B. MHAS shall provide legal counsel, as availability is determined by its executive director, to minors admitted for mental health or substance abuse treatment pursuant to the dispositional alternatives as provided in the other Titles of this Code, including but not limited to Titles VI and VIII.
C. Nothing in this Title shall be construed to prohibit a person with mental illness or respondent from being represented by privately retained counsel. If a MHAS attorney has been appointed by the court and the minor with mental illness or respondent secures his own counsel, the court shall discharge the MHAS attorney.
D. MHAS shall establish official rules and regulations for evaluating a client’s financial resources, for the purpose of determining whether a client has the ability to pay for services received. A client found to have sufficient financial resources shall be required to pay in accordance with standards established by the executive director. An indigent client shall be provided legal counsel and representation without charge.
E. MHAS shall be empowered with all of the same rights and responsibilities to represent their clients whether appointed through the provisions of this Code or Title 28 of the Louisiana Revised Statutes of 1950. These rights include but are not limited to:
(1) A request for a judicial hearing pursuant to Article 1411.
(2) An independent medical examination as requested and approved by the MHAS executive director.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.