(A) If the court finds, after presentation of all the evidence, that the child is not in need of judicial admission, the court shall order that he must be discharged if he has been hospitalized before the hearing.

(B) If upon completion of the hearing and consideration of the record the court finds upon clear and convincing evidence that the child is in need of judicial admission, the court may order treatment in the department or at another program or facility that agrees to accept the child.

Terms Used In South Carolina Code 44-24-140

  • Child: means a person under the age of eighteen years. See South Carolina Code 44-24-10
  • Court: means the probate court unless otherwise specified. See South Carolina Code 44-24-10
  • Department: means the State Department of Mental Health. See South Carolina Code 44-24-10
  • 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.
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