(A) A child in need of treatment admitted involuntarily to a mental health service which removes him from home, must have his case reviewed by the court within twenty days of admission and every six months. If the review determines the child is no longer in need of mental health services or alternative services, he must be discharged immediately.

(B) A child in need of treatment admitted involuntarily to a mental health service where he remains at home, must have the case reviewed sixty days after admission and every six months. If the review determines the child is no longer in need of mental health services or in need of alternative services, the child must be discharged immediately, or, if necessary, the court shall request the mental health center in which the child is being treated to refer the child to the proper alternative services for the child.

Terms Used In South Carolina Code 44-24-180

  • Child: means a person under the age of eighteen years. 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
  • Treatment team: means persons drawn from or representing the professional disciplines or service areas included in the development and implementation of a treatment plan. See South Carolina Code 44-24-10

(C) The treatment team may petition the court for review after the initial review.

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