SB 460 — Minors; parental admission for inpatient treatment.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E710 An Act to amend and reenact §§ 16.1-338 and 16.1-339 of the Code of Virginia, relating to parental admission of minors for inpatient treatment.

R O [S 460] Approved LApril L8, 2024 Be it enacted by the General Assembly of Virginia:

E § 16.1-338.

Parental admission of minors younger than 14 and nonobjecting minors 14 years ofDof ageA.age or older.

A.

A minor 14 years of age or older may be admitted to a willing mental health facility for inpatient treatment related to mental illness, which may include substance abuse as described in § 16.1-336, upon the joint application and consent of the minorminoray and the minor's parent.

Admission of a minor under this section shall be approved by a qualified evaluator who haBhas conducted a personal examination of the minor within 48 hours after admission and has made the 6following fol1.written findings:

The1. minor appears to have a mental illness, which may include substance abuse as describeE in § 16.1-336, serious enough to warrant inpatient treatment and is reasonably likely to benefit from the treatment;

The minor appears to have a mental illness, which may include substance abuse as described in § 16.1-336, serious enough to warrant inpatient treatment and is reasonably likely to benefit from the treatment;

and and4. no less restrictive alternative is available that would offer comparable benefits to the minor.sidered If admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide, in lieu of the examination required by this section, a preadmission screening report conducted by an employee or designee of the community services board and shall ensure that the necessary written findings have been made before approving the admission.

All available modalities of treatment less restrictive than inpatient treatment have been considered and no less restrictive alternative is available that would offer comparable benefits to the minor.

If admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide, in lieu of the examination required by this section, a preadmission screening report conducted by an employee or designee of the community services board and shall ensure that the necessary written findings have been made before approving the admission.

director'sC. designee shall ensure that an individualized plan of treatment has been prepared by thety or the provider responsible for the minor's treatment and has been explained to the parent consenting to the admission and to the minor.

Within 10 days after the admission of a minor under this section, the director of the facility or the director's designee shall ensure that an individualized plan of treatment has been prepared by the provider responsible for the minor's treatment and has been explained to the parent consenting to the admission and to the minor.

time,D. or if a minor 14 or older objects at any time to further treatment, the minor shall be discharged within 48 hours to the custody of such consenting parent unless the minor's continued hospitalization is authorized pursuant to § 16.1-339, 16.1-340.1, or 16.1-345.

If the parent who consented to a minor's admission under this section revokes his consent at any time, or if a minor 14 or older objects at any time to further treatment, the minor shall be discharged within 48 hours to the custody of such consenting parent unless the minor's continued hospitalization is authorized pursuant to § 16.1-339, 16.1-340.1, or 16.1-345.

If a minor 14 or older objects to further treatment, the mental health facility shall (i) immediately notify the consenting parent of the minor's objections and (ii) provide to the consenting parent a summary, prepared by the Office of the Attorney General, of the procedures for requesting conE.continued treatment of the minor pursuant to § 16.1-339, 16.1-340.1, or 16.1-345.

InpatientE. treatment of a minor hospitalized under this section may not exceed 90 consecutive days unless it has been authorized by appropriate hospital medical personnel, based upon their written of 3 findings that the criteria set forth in subsection B of this section continue to be met, after such persons have examined the minor and interviewed the consenting parent and reviewed reports submitted by members of the facility staff familiar with the minor's condition.

Inpatient treatment of a minor hospitalized under this section may not exceed 90 consecutive days unless it has been authorized by appropriate hospital medical personnel, based upon their written findings that the criteria set forth in subsection B of this section continue to be met, after such persons have examined the minor and interviewed the consenting parent and reviewed reports submitted by of 3 members of the facility staff familiar with the minor's condition.

Within 10 days after the admission of a minor under this section, the director of the facility or the of 3 director's designee shall ensure that an individualized plan of treatment has been prepared by the provider responsible for the minor's treatment and has been explained to the parent consenting Eoto the admission and to the minor.

The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor's famiRyfamily shall be preliminary plan for placement and aftercare upon completion of inpatient3 treatmentinvolved andto shallthe iOcludemaximum specificextent behavioralconsistent andwith emotional goals against which the successminor's of treatment mayneeds. be measured.

The plan shall include a preliminary plan for placement and aftercare upon completion of inpatient treatment and shall include specific behavioral and emotional goals against which the success of treatment may be measured.

If the court determines that the available information is insufficient to permit an informed determination regarding whether the minor meets the criteria specified in subsection B, the couLtcourt shall schedule a commitment hearing that shall be conducted in accordance with the procedures specified in §§ 16.1-341 through 16.1-345.

The minor may be detained in the hospital for up to 120 additionaEadditional hours pending the holding of the commitment hearing.

If the parent who consented to a minor's admission under this section revokes his consent at any time, the minor shall be released within 48 hours to the parent's custody unless the minor's continued hospitalization is authorized pursuant to § 16.1-340.1 or 16.1-345.

B F.

A minor who has been hospitalized while properly detained by a juvenile and domestic rela6ionsrelations district court or circuit court shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice by the sheriff serving the jurisdiction where the minortyminor was detained within 24 hours following completion of a period of inpatient treatment, unless the court having jurisdiction over the case orders that the minor be released from custody.