26B-5-204. Commitment of minor to secure drug or alcohol facility or program — Procedures — Review.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-5-204- 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.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-5-201
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Approved treatment facility or program” means a public or private secure, inpatient facility or program that is licensed or operated by the department to provide drug or alcohol treatment or rehabilitation. |
| (b) |
“Drug or alcohol addiction” means that the person has a physical or psychological dependence on drugs or alcohol in a manner not prescribed by a physician. |
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| (2) |
The parent or legal guardian of a minor under 18 years old may submit that child, without the child’s consent, to an approved treatment facility or program for treatment or rehabilitation of drug or alcohol addiction, upon application to a facility or program, and after a careful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with the requirements of this section. |
| (3) |
The neutral fact finder who conducts the inquiry:
| (a) |
shall be either a physician, psychologist, marriage and family therapist, psychiatric and mental health nurse specialist, or social worker licensed to practice in this state, who is trained and practicing in the area of substance use; and |
| (b) |
may not profit, financially or otherwise, from the commitment of the child and may not be employed by the proposed facility or program. |
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| (4) |
The review by a neutral fact finder may be conducted on the premises of the proposed treatment facility or program. |
| (5) |
The inquiry conducted by the neutral fact finder shall include a private interview with the child, and an evaluation of the child’s background and need for treatment. |
| (6) |
The child may be committed to the approved treatment facility or program if it is determined by the neutral fact finder that:
| (a) |
the child is addicted to drugs or alcohol and because of that addiction poses a serious risk of harm to himself or others; |
| (b) |
the proposed treatment or rehabilitation is in the child’s best interest; and |
| (c) |
there is no less restrictive alternative that would be equally as effective, from a clinical standpoint, as the proposed treatment facility or program. |
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| (7) |
Any approved treatment facility or program that receives a child under this section shall conduct a periodic review, at intervals not to exceed 30 days, to determine whether the criteria described in Subsection (6) continue to exist. |
| (8) |
A minor committed under this section shall be released from the facility or program upon the request of his parent or legal guardian. |
| (9) |
Commitment of a minor under this section terminates when the minor reaches the age of 18 years old. |
| (10) |
Nothing in this section requires a program or facility to accept any person for treatment or rehabilitation. |
| (11) |
The parent or legal guardian who requests commitment of a minor under this section is responsible to pay any fee associated with the review required by this section and any necessary charges for commitment, treatment, or rehabilitation for a minor committed under this section. |
| (12) |
The child shall be released from commitment unless the report of the neutral fact finder is submitted to the juvenile court within 72 hours of commitment and approved by the court. |
Renumbered and Amended by Chapter 308, 2023 General Session
