(A) The written reports filed with the court by the designated examiners must include, but are not limited to, questions relating to whether or not the child poses an imminent danger to himself or others, whether or not recent overt acts are indicative of a child in need of treatment, and whether or not a less restrictive placement is recommended and available.

(B) If the report of the examiners is that the child is not in need of judicial admission, the court shall dismiss the petition and the child must be discharged immediately by the place of admission if the child has been admitted to a treatment facility or program.

Terms Used In South Carolina Code 44-24-110

  • Child: means a person under the age of eighteen years. See South Carolina Code 44-24-10
  • Child in need of judicial admission: means a child who is in need of treatment and for whom treatment can be obtained only through an involuntary judicial admission. See South Carolina Code 44-24-10
  • Child in need of treatment: means a child in need of mental health treatment who manifests a substantial disorder of cognitive or emotional processes, which lessens or impairs to a marked degree that child's capacity either to develop or to exercise age appropriate or age adequate behavior. See South Carolina Code 44-24-10
  • Court: means the probate court unless otherwise specified. See South Carolina Code 44-24-10

(C) If the report of the examiners is that the child is a child in need of judicial admission, the court may order that the child be detained at the place of his admission or in another treatment facility or program.

(D) If the report of the examiners is divided, the court may terminate the proceedings or shall designate a third examiner, who must be a psychiatrist or psychologist trained or experienced in the treatment of children, and order that the three examiners render a majority opinion within three days exclusive of Saturdays, Sundays, and legal holidays.

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