CHAPTER THREE SUBSTANCE ABUSE

Size: px
Start display at page:

Download "CHAPTER THREE SUBSTANCE ABUSE"

Transcription

1 CHAPTER THREE SUBSTANCE ABUSE A. GENERALLY FOLLOW ADULT RULES...2 B. PERSONS SUBJECT TO COMMITMENT...2 C. THE COMMITMENT PROCESS APPLICATION STATEMENT OF PHYSICIAN OR AFFIDAVIT ORDERS RESPONDENT SERVED IMMEDIATE CUSTODY RESPONDENT EXAMINED COMMITMENT HEARING OUTPATIENT TREATMENT OR HOSPITALIZATION FAILURE TO COMPLY WITH COMMITMENT REQUIREMENTS CUSTODY, DISCHARGE AND TERMINATION AFTER REGULAR WORKING HOURS EMERGENCY PROCEDURES RELATED PROVISIONS CHAPTER D. PROTOCOL...10 CHECKLIST...11 APPENDIX...12

2 A. GENERALLY FOLLOW ADULT RULES The involuntary commitment of minors for chronic substance abuse follows the same basic rules under Iowa Code Chapter 125 as for adults with one notable exception. It is the juvenile court who has exclusive jurisdiction over such commitments and thus it is a juvenile court judge to the exclusion of magistrates (unless specially designated) who have jurisdiction over such commitments. Contrary to provisions for the voluntary commitment of minors under Iowa Code section 229.2(1) for mental illness, there do not exist similar provisions for the voluntary commitment of minors for chronic substance abuse under Chapter 125. MINORS [under the age of 18 years] are subject to the exclusive, original jurisdiction of the Juvenile Court regarding their hospitalization and treatment for chronic substance abuse. [Iowa Code Section A.] B. PERSONS SUBJECT TO COMMITMENT A chronic substance abuser is defined as a person who: 1. Habitually lacks self control as to the use of chemical substances to the extent that the person is likely to seriously endanger the person s health, or to physically injure the person s self or others, if allowed to remain at liberty without treatment; AND 2. Lacks sufficient judgment to make responsible decisions with respect to the person s hospitalization or treatment. [Iowa Code Section 125.2(4) A chemical substance means alcohol, wine, spirits, and beer as defined in chapter 123 and controlled substances as defined in Iowa Code Section , i.e., a drug, substance or immediate precursor in Schedules I through V of Division II of Chapter 124 [Iowa Code Section (5)] which includes opiates, opium derivatives, hallucinogenic substances such as L.S.D., marijuana, and mescaline, depressants, stimulants, peyote, and similar substances which may in varying degrees lead to psychological or physical dependence if abused. [Iowa Code Section 125.2(3).] 2

3 Those who meet the statutory definition of chronic substance abuser are subject to commitment for evaluation and treatment under Iowa Code Section Proof is required on three basic issues: 1. The person habitually lacks self control as to the use of chemical substances; AND 2. The extent of use is either: A. Likely to seriously endanger the person s health; OR B. Likely to physically injure self or others; AND 3. The person lacks sufficient judgment to make responsible treatment decisions. C. THE COMMITMENT PROCESS 1. APPLICATION The application is filed with the Clerk of Court by an interested person, i.e., one with an interest in the treatment of the Respondent and who has sufficient association with or knowledge about the Respondent to provide the information required. [Iowa Code , Rule 13.1 of the Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers, Supreme Court Form 1 - Application Alleging Chronic Substance Abuse Pursuant to Iowa Code Section ] 2. STATEMENT OF PHYSICIAN OR AFFIDAVIT Filed with the application must be either: a. A written STATEMENT OF PHYSICIAN done by a licensed physician in support of the application. [Iowa Code Section (3)(a)]. There is no approved Supreme Court form. It may be on the letterhead of the physician or the hospital with which the physician is associated. OR b. One or more supporting AFFIDAVITS corroborating the application. [Iowa Code Section (3)(b), Supreme Court Form 2.] AND/OR c. Other corroborative information obtained and reduced to writing by the Clerk but only when circumstances make it infeasible to comply with, or when the Clerk considers it appropriate to supplement the physician s statement or affidavit. [Iowa Code Section (3)(c).] 3

4 3. ORDERS The Juvenile Judge* then reviews the documents and if sufficient orders: a. Time and place for hearing [Iowa Code Section (3)(a), FORM 3]; b. Appoints counsel for Respondent [Iowa Code Section (1), FORM 5]; and c. Examine Respondent by physician [Iowa Code Section (3)(b), FORM 9]. Note: Only a juvenile judge, i.e., District Judge, District Associate Judge designated a Juvenile Judge, or Associate Juvenile Judge, has jurisdiction to enter orders concerning the hospitalization of minors, to the exclusion of magistrates or hospitalization referees, unless designated as part-time associate juvenile judges. 4. RESPONDENT SERVED The Respondent is served notice of the Application, Supporting Documents, and if issued, the Immediate Custody Order, by personal service and not by substitution and is required to submit to examination as ordered or face limited detention to accomplish the examination. [Iowa Code Sections and , Rule 13.3, Iowa Supreme Court Rules for Involuntary Commitment or Treatment of Chronic Substance Abusers.] 5. IMMEDIATE CUSTODY Immediate custody of the Respondent is taken by the Sheriff if ordered by the court upon a finding of probable cause to believe the Respondent is a chronic substance abuser and the Respondent is likely to physically injure self or others if allowed to remain at liberty. [Iowa Code Section , Rule 13.14, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers, FORM 4.] Likely to physically injure self or others means probable or reasonably to be expected, not just possible. Matter of Foster, 426 N.W.2d 374, 377 (Iowa 1988). Detention must be in the least restrictive of the following: (a) in the custody of a relative, friend or other suitable person willing to accept responsibility to supervise the person; (b) in a suitable hospital or other private or public facility suitably equipped and staffed; or (c) in the nearest facility in the community licensed to care for the mentally ill or substance abusers, but not a jail. [Iowa Code Section , Rule 13.14, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] If practicable, the Respondent s attorney should be allowed to present evidence and argument prior to the entry of an immediate custody order. [Rule 13.10, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] If such is not practicable, the same should be allowed during the course of the Respondent s confinement. [Rule 13.11, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] 4

5 6. RESPONDENT EXAMINED The Respondent is examined by a physician within a reasonable time, not to exceed twenty-four hours if the Respondent was taken into immediate custody and placed in a hospital and within forty-eight hours if placed with a relative, friend, or in a community mental health facility. The physician then completes and files with the District Court Clerk a REPORT OF EXAMINATION [Iowa Code Section , FORM 8] and the report is distributed to the Court, County Attorney and Respondent s counsel. 7. COMMITMENT HEARING The commitment hearing is then held, not sooner than forty-eight hours from the service of notice on the Respondent and not later than five (5) days thereafter if the Respondent was taken into immediate custody, unless the fifth day is on Saturday, Sunday, or a holiday when the time is extended to the next business day. [Iowa Code Sections (3)(a) and ] The hearing may be held sooner than forty-eight hours, but only if the time is waived by the Respondent in writing and the Court determines that the Respondent s best interests will not be harmed by such waiver. [Iowa Code Section (3)(a), Rule 13.4, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] If the physician reports that the Respondent is a chronic substance abuser, the hearing should be held not more than forty-eight hours after the report is filed, excluding weekends and holidays. The time of the hearing may be continued past the statutory limit where the Respondent is detained under an Immediate Custody Order only upon the request of the Respondent or the Respondent s attorney if sufficient grounds exist, e.g., to allow the Respondent additional time to prepare their case. Such continuance can be for no more than five additional days, unless the Respondent consents in writing. [Iowa Code Section (4), Rule 13.5, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers, FORM 9.] a. The County Attorney, if the applicant, or otherwise, the Applicant s Attorney presents the evidence in support of the application, which includes testimony of the applicant, affiant, examining physician, and others if necessary. [Iowa Code Section (1).] The examining physician or mental health professional is required to personally attend the hearing, unless the court waives the examiner s presence or telephonic testimony is used. [Rule 13.19, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] The case is most often made or not made based upon the opinion of the examining physician. b. All relevant and material evidence is admissible. The court is not bound by the rules of evidence, i.e., hearsay is admissible. [Iowa Code Section (4).] 5

6 c. The Respondent has a right to be personally present at the hearing, unless either: (1) The Respondent s presence is waived in writing by Respondent s attorney [Iowa Code Section (3), Rule 13.19, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers, FORM 10]; OR (2) The Respondent is excluded from the hearing upon motion of the County Attorney or Applicant s Attorney because the witnesses testimony is likely to cause the Respondent severe emotional trauma. [Iowa Code Section (2).] d. The Court is to be notified by the physician if the Respondent has been medicated within twelve hours [or longer if the court so designates] and if so, what effect the medication may have. [Iowa Code Section (1), Rule 13.30, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers, FORM 11.] e. The presumption is in favor of the Respondent. The applicant has the burden of proof, and the contention must be sustained by clear and convincing evidence. [Iowa Code Section (4).] f. The Respondent has the right to testify, to cross examine witnesses, and to call witnesses on his or her own behalf. [Iowa Code Section (1).] The Respondent has the right to a separate examination by a licensed physician of his or her own choosing and to have that physician report and testify. [Iowa Code Section (1).] The separate examination is conducted at county expense where the Respondent lacks sufficient funds to pay the cost. Any licensed physician conducting an examination pursuant to this section may consult with or request the participation in the examination of any qualified mental health professional, and may include with or attach to the written report of the examination any findings or observations by any qualified mental health professional who has been so consulted or has so participated in the examination. [Iowa Code Section ] g. The Doctor-patient privilege granted by Section is not applicable in involuntary hospitalization proceedings. Matter of T.C.F., 400 N.W.2d 544 (Iowa 1987). 8. OUTPATIENT TREATMENT OR HOSPITALIZATION The Respondent is ordered to outpatient treatment or hospitalized for a complete evaluation and treatment if the Court finds that the Respondent is a chronic substance abuser. [Iowa Code Section ] It is both constitutionally and statutorily mandated that the Respondent be treated in the least restrictive environment medically possible. Leonard v. State, 491 N.W.2d 508, 512 (Iowa 1992). Thus where the Respondent may be treated on an out-patient basis, such should be ordered and in-patient hospitalization should not be ordered. Amenability to treatment is relevant on the issue of continued hospitalization, but is not an element which must be proven in advance of the initial commitment. Matter of Oseing, 296 N.W.2d 797, 799 (Iowa 1980). The court shall furnish to the chief medical 6

7 officer of the hospital or facility at the time the respondent arrives at the hospital or facility a written statement of facts setting forth the evidence on which the finding is based. [Iowa Code Section ] a. INITIAL REPORT. An initial report is required concerning the need for continued hospitalization. Within fifteen days of placement after the hearing, unless the Court grants an extension of time, the chief medical officer of the facility must file a report with the Court with recommendations for either: (1) release from treatment and termination of the proceedings; (2) continued full-time hospitalization and treatment; (3) out-patient commitment with revocation and recommitment to the hospital in the event the Respondent fails to comply with the out-patient program; or (4) placement in an alternative facility, e.g., a county care facility or nursing home. [Iowa Code Section , Rule 13.24, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers, FORM 20.] The failure of the chief medical officer to timely file this report is punishable as contempt of court. [Iowa Code Section ] b. PERIODIC REPORTS. Subsequently, periodic reports are made as follows [Iowa Code Section , Rule 13.24, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers]: (1) If the Respondent remains hospitalized no later than 30 days initially and 90 days thereafter [Iowa Code Section (1), FORM 21]; or (2) If the Respondent is on out-patient commitment, no later than 60 days initially and every 90 days thereafter [Iowa Code Section (2), FORM 22]. An extension of the fifteen day report requirement may be granted by the court for good cause for a period not to exceed seven days upon written application of the chief medical officer. [FORM ORDER 18, Iowa Code Section , Rule 13.23, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] Respondent s attorney has a right to contest the extension. 9. FAILURE TO COMPLY WITH COMMITMENT REQUIREMENTS If, after placement and admission of a respondent in or under the care of a hospital or other suitable facility, the respondent departs from the hospital or facility or fails to appear for treatment as ordered without prior proper authorization from the chief medical officer, upon receipt of notification of the respondent's departure or failure to appear by the chief medical officer, a peace officer of the state shall without further order of the court exercise all due diligence to take the respondent into protective custody and return the respondent to the hospital or facility. [Iowa Code Section (5).] 7

8 10. CUSTODY, DISCHARGE AND TERMINATION A Respondent placed under commitment for full-time hospitalization, remains in treatment for a maximum of thirty (30) days, unless the administrator of the facility obtains a court order for recommitment, for a further period not to exceed ninety days. A recommitment may again be extended for a further period of ninety days. Within ten days of the entry of an order for recommitment, a recommitment hearing shall be held in like manner to the original hearing. [Iowa Code Section ] 11. AFTER REGULAR WORKING HOURS When the office of the Clerk of Court is closed, local authorities may have arranged for protocols and procedures whereby the commitment forms are kept at local law enforcement centers. Juvenile judges may then be contacted and committal orders entered as appropriate. 12. EMERGENCY PROCEDURES Emergency Procedures are available in the event the normal process of filing the application and affidavit with the Clerk are not available and direct access to the court is not possible. [See Op. Atty. Gen. (Tullar) October 15, 1981.] The emergency procedure involves a peace officer or interested person delivering the Respondent to the nearest available facility, public or private, which is equipped and staffed to provide in-patient care to persons with substance abuse. The peace officer or other person describes the circumstances to the examining physician. A written statement of a person with first-hand knowledge may also be used. [STATEMENT] The medical officer then makes a determination whether the person is intoxicated, has threatened, attempted or inflicted physical harm on self or others, and is likely to physically injure self or others or is incapacitated by a chemical substance. If such a determination is made, the examining physician contacts the nearest available magistrate [juvenile judge in the case of a minor] who may give a verbal order followed by a written order the next day. [Iowa Code Section , FORM 26, Rule 13.30, Iowa Supreme Court Rules for Involuntary Commitment of Chronic Substance Abusers.] The detention order entered by the magistrate [juvenile judge] is only good for fortyeight hours excluding Saturday, Sunday and holidays. An application for involuntary hospitalization must still be filed with the clerk of court prior to the expiration of the detention order or the Respondent must be released. [Iowa Code Section (4).] 8

9 13. RELATED PROVISIONS CHAPTER 232 Additionally, the juvenile code provides for evaluation of minor persons who are substance abusers in delinquency proceedings [Iowa Code Section ], and in child in need of assistance proceedings [Iowa Code Section ] and for placement of minors in substance abuse treatment in delinquency proceedings [Iowa Code Section A] and in child in need of assistance proceedings. [Iowa Code Section ] 9

10 D. PROTOCOL SUBSTANCE ABUSE COMMITMENTS - CHAPTER 125 STEP 1 - An individual with sufficient knowledge of the facts completes FORM 1, the Application Alleging Chronic Substance Abuse Pursuant to Section STEP 2 - A second individual completes FORM 2, the Affidavit in Support of Application Alleging Chronic Substance Abuse Pursuant to Section AND/OR There is attached to the Application, a written statement of a licensed physician in support of the application. STEP 3 - FAX or telephone the Hospitalization Referee, District Judge, District Associate Judge, or full-time or part-time Associate Juvenile Judge to request an immediate custody order, if required. Arrangements are made with a suitable facility for custody if needed. STEP 4 - The judicial officer reviews the application, affidavit and/or physician's statement and if appropriate enters an ORDER FOR IMMEDIATE CUSTODY, FORM 4, ORDER APPOINTING PHYSICIAN, FORM 9, ORDER APPOINTING RESPONDENT S ATTORNEY, FORM 6, and prepares the NOTICE TO RESPONDENT AND ORDER SETTING HEARING, FORM 3. STEP 5 - The dispatcher notifies the Hospital to which the court orders the individual of the person's name and estimated time of arrival. STEP 6 - The Deputy serves the Respondent with a copy of FORMS 1, 2, 3, 4, 6 & 9 with return being made to the Clerk of Court and transports the Respondent to the Hospital, providing the hospital also with a copy of the completed forms. 10

11 CHECKLIST CHECKLIST FOR SUBSTANCE ABUSE COMMITMENT HEARING Application - Applicant Testimony Physician s Report of Examination - Physician Testimony Has Respondent Been Medicated Last 12 hours Respondent s Testimony -Witnesses Required Findings: a. Habitually Lacks Self Control re: Use of Substances b. Lacks Judgment re: Hospitalization and Treatment c(1). Likely to Seriously Endanger Own Health or c(2). Likely to Physically Injure Self or Others Treatment: a. Out-patient b. In-patient 11

12 APPENDIX CHAPTER THREE SUBSTANCE ABUSE Sup Ct Form Number Title (Word Version) (Adobe pdf read only Version) SA101 1 Application Alleging Chronic Substance Abuse SA102 2 Affidavit in Support of Application - Substance Abuse SA103 3 Notice to Respondent SA104 4 Order for Immediate Custody SA106 6 Order Appointing Attorney for Respondent SA109 9 Order Appointing Physician SA Discharge/Termination Proceedings - Section (4) SA Findings of Fact and Order Pursuant to Section SUBAB N/A Findings of Fact, Conclusions of Law & Order SA122 N/A Order Re: Outpatient Treatment Plan SA124 24[I] Order Re: Continued Hospitalization or Treatment SA125 24[O] Order Re: Continued Outpatient Treatment SA Order Confirming Discharge and Termination of Proceedings SA150 N/A Order Upon Transfer of Venue SA151 N/A Order Requiring Periodic Report SA160 N/A Notice of Revocation Hearing MENPROC N/A Mental Health/Substance Abuse Proceeding Form 12

CHAPTER 13 RULES FOR INVOLUNTARY COMMITMENT OR TREATMENT OF CHRONIC SUBSTANCE ABUSERS

CHAPTER 13 RULES FOR INVOLUNTARY COMMITMENT OR TREATMENT OF CHRONIC SUBSTANCE ABUSERS July 2009 CHRONIC SUBSTANCE ABUSERS Ch 13, p.i CHAPTER 13 RULES FOR INVOLUNTARY COMMITMENT OR TREATMENT OF CHRONIC SUBSTANCE ABUSERS Rule 13.1 Rule 13.2 Rule 13.3 Rule 13.4 Rule 13.5 Rule 13.6 Rule 13.7

More information

Understanding the Civil Involuntary Commitment Process

Understanding the Civil Involuntary Commitment Process Understanding the Civil Involuntary Commitment Process About the Author By D. Renée Hildebrant http://www.okbar.org/obj/articles_05/021205.htm Oklahoma Bar Journal D. Renée Hildebrant is the trial court

More information

Title II. Section 1. Purpose The Santee Sioux Nation Tribal Council in order to prevent Alcohol and Drug Abuse declares:

Title II. Section 1. Purpose The Santee Sioux Nation Tribal Council in order to prevent Alcohol and Drug Abuse declares: Title II Health and Welfare Chapter 1 ALCOHOL AND DRUG ABUSE TREATMENT ACT Section 1. Purpose The Santee Sioux Nation Tribal Council in order to prevent Alcohol and Drug Abuse declares: A. Alcoholism and

More information

CHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS

CHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS Chapter 13 CHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS 13.01 Recommended Hearing Length... 13-2 13.02 Disposition Follows Adjudication... 13-2 13.03 Notice of Hearing... 13-2 A. Upon Whom... 13-2

More information

CHAPTER 36 ALCOHOL AND DRUG ABUSE TREATMENT ACT. be cited as the "Alcohol and Drug Abuse

CHAPTER 36 ALCOHOL AND DRUG ABUSE TREATMENT ACT. be cited as the Alcohol and Drug Abuse 36-01-01 TITLE This Chapter may Treatment Act." CHAPTER 36 ALCOHOL AND DRUG ABUSE TREATMENT ACT o Amendment B New Adoption Jwdicial Approved 4-0!-)I,D be cited as the "Alcohol and Drug Abuse I-j 01- '60_

More information

Involuntary Mental Health Commitments

Involuntary Mental Health Commitments 3710 LANDMARK DRIVE, SUITE 208, COLUMBIA, SC 29204 (803) 782 0639; FAX (803) 790-1946 TOLL FREE IN SC: 1-866-275-7273 (VOICE) AND 1-866-232-4525 (TTY) E-mail: info@pandasc.org Website: www.pandasc.org

More information

Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. -0.01 Richard Sweetman x HOUSE BILL - Kagan, Lee HOUSE SPONSORSHIP Guzman, Ulibarri SENATE SPONSORSHIP House Committees

More information

DETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas

DETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas DETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas Speaker Biography Michael C. O Brien is a prosecutor with Dallas County District Attorney s Office

More information

GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT

GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT NEW YORK STATE SUPREME COURT APPELLATE DIVISION, FOURTH DEPARTMENT HONORABLE HENRY J. SCUDDER PRESIDING JUSTICE GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT PREFACE The Departmental Advisory

More information

Involuntary Admissions & Treatment Facts and Procedures

Involuntary Admissions & Treatment Facts and Procedures Involuntary Admissions & Treatment Facts and Procedures Marcia Horan Assistant State s Attorney, Cook County Seniors and Persons with Disabilities Division WHEN IS INVOLUNTARY ADMISSION APPROPRIATE? The

More information

THE BAKER ACT: MENTAL HEALTH

THE BAKER ACT: MENTAL HEALTH CHAPTER 32 THE BAKER ACT: MENTAL HEALTH by George F. Indest III, JD, MPA, LL.M SCOPE This chapter discusses FLorida's Baker Act, the Law which allows the involuntary commitment of individuals who poses

More information

Court-Ordered Mental Health Evaluation and Treatment in Arizona: Rights and Procedures

Court-Ordered Mental Health Evaluation and Treatment in Arizona: Rights and Procedures The Arizona State Hospital The Arizona State Hospital is the only long-term inpatient psychiatric facility in Arizona. Before ordering that you receive treatment at the Arizona State Hospital, the court

More information

COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES

COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES FOR THE CARE AND PROTECTION OF CHILDREN Rule 1. Scope of Rules These rules apply to all actions in the Juvenile Court Department

More information

Guide for Lawyers Appointed to Represent Juveniles in Family Court Cases

Guide for Lawyers Appointed to Represent Juveniles in Family Court Cases Guide for Lawyers Appointed to Represent Juveniles in Family Court Cases The Children s Law Office, University of South Carolina School of Law, has prepared this information to assist attorneys appointed

More information

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATING TO GUARDIANSHIP; REVISING

A BILL FOR AN ACT ENTITLED: AN ACT REVISING LAWS RELATING TO GUARDIANSHIP; REVISING HB0.0 HOUSE BILL NO. INTRODUCED BY J. ESSMANN, M. FUNK A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATING TO GUARDIANSHIP; REVISING LAWS RELATING TO THE COMMITMENT OF INCAPACITATED PERSONS; PROVIDING

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

IN THE DISTRICT COURT OF IOWA, IN AND FOR COUNTY (JUVENILE DIVISION)

IN THE DISTRICT COURT OF IOWA, IN AND FOR COUNTY (JUVENILE DIVISION) IN THE DISTRICT COURT OF IOWA, IN AND FOR COUNTY (JUVENILE DIVISION) IN THE INTEREST OF ) ) Juvenile No., ) ) FINDINGS OF FACT, CONCLUSIONS A Child. ) OF LAW AND ORDER This matter came before the Court

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 6, 2013. It is intended for information and reference purposes only. This

More information

EFE FACT SHEET Mental Health

EFE FACT SHEET Mental Health EQUIP FOR E Q U A L I T Y EFE FACT SHEET Mental Health INVOLUNTARY ADMISSION TO A MENTAL HEALTH FACILITY IN ILLINOIS Statutory References: 405 ILCS 5/1-119; 5/3-601-5/3-611; 5/3-700 5/3-706; 5/3-800; 5/3-802-814;

More information

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48

More information

INTRODUCTION no later than Monday, March 17, 2008.

INTRODUCTION no later than Monday, March 17, 2008. INTRODUCTION The Juvenile Court Procedural Rules Committee is planning to recommend to the Supreme Court of Pennsylvania that the modifications of Rules 1120, 1123, 1124, 1364, and 1800 and the new rule

More information

STATE OF OKLAHOMA. 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE

STATE OF OKLAHOMA. 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE STATE OF OKLAHOMA 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE FOR SENATE BILL 789 By: Wilkerson COMMITTEE SUBSTITUTE [ corrections - judicial review - modifying when report is provided

More information

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4 Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...

More information

ARTICLE 4.4. ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION

ARTICLE 4.4. ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION ARTICLE 4.4. ADDICTION TREATMENT SERVICES PROVIDER CERTIFICATION Rule 1. Definitions 440 IAC 4.4-1-1 Definitions Affected: IC 12-7-2-11; IC 12-7-2-73 Sec. 1. The following definitions apply throughout

More information

Civil Commitment and Voluntary Treatment

Civil Commitment and Voluntary Treatment RIGHTS & REALITY II Civil Commitment and Voluntary Treatment Dianne Greenley, Attorney Wisconsin Coalition for Advocacy Focus on short term treatment Treatment and protection from harm Consequences to

More information

MONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION

MONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION MONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION JUVENILE DIFFERENTIATED CASE MANAGEMENT PLAN THIRD EDITION JANUARY 2016 INTRODUCTION The mission of the Montgomery County Circuit Court is to serve the Sixth

More information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...

More information

IAC 7/2/08 Parole Board[205] Ch 11, p.1. CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7]

IAC 7/2/08 Parole Board[205] Ch 11, p.1. CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7] IAC 7/2/08 Parole Board[205] Ch 11, p.1 CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7] 205 11.1(906) Voluntary termination of parole. Any voluntary termination of parole should

More information

104 CMR: DEPARTMENT OF MENTAL HEALTH 104 CMR 33.00: DESIGNATION AND APPOINTMENT OF QUALIFIED MENTAL HEALTH PROFESSIONALS

104 CMR: DEPARTMENT OF MENTAL HEALTH 104 CMR 33.00: DESIGNATION AND APPOINTMENT OF QUALIFIED MENTAL HEALTH PROFESSIONALS 104 CMR 33.00: DESIGNATION AND APPOINTMENT OF QUALIFIED MENTAL HEALTH PROFESSIONALS Section 33.01: Legal Authority to Issue 33.02: Authorization to Apply for Hospitalization Pursuant to M.G.L. c. 123,

More information

NOTICE TO GRANDPARENT

NOTICE TO GRANDPARENT A Power of Atrney may be created if the parent, guardian, or cusdian of the child is any of the following: 1. Seriously ill, incarcerated, or about be incarcerated 2. Temporarily unable provide financial

More information

QUALIFIED MENTAL HEALTH PROFESSIONAL ONLINE TRAINING

QUALIFIED MENTAL HEALTH PROFESSIONAL ONLINE TRAINING QUALIFIED MENTAL HEALTH PROFESSIONAL ONLINE TRAINING DSS Leadership Meeting October 8, 2014 South Dakota Department of Social Services Division of Behavioral Health INTRODUCTION Division of Behavioral

More information

Introduced by Representative Gardner AN ACT

Introduced by Representative Gardner AN ACT State of Arizona House of Representatives Forty-third Legislature Second Regular Session REFERENCE TITLE: psychiatric security review board Introduced by Representative Gardner AN ACT Amending sections

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

The Juvenile and Domestic Relations District Court

The Juvenile and Domestic Relations District Court The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions

More information

What is Interdiction? A guide to understanding the legal process of interdiction in Louisiana.

What is Interdiction? A guide to understanding the legal process of interdiction in Louisiana. What is Interdiction? A guide to understanding the legal process of interdiction in Louisiana. WHAT IS INTERDICTION? Q. What is an interdiction? A. An interdiction is a legal process where a court is asked

More information

YOUR RIGHTS REGARDING ADMISSION TO AND DISCHARGE FROM A HOSPITAL UNDER MASSACHUSETTS MENTAL HEALTH LAW

YOUR RIGHTS REGARDING ADMISSION TO AND DISCHARGE FROM A HOSPITAL UNDER MASSACHUSETTS MENTAL HEALTH LAW YOUR RIGHTS REGARDING ADMISSION TO AND DISCHARGE FROM A HOSPITAL UNDER MASSACHUSETTS MENTAL HEALTH LAW Prepared by the Mental Health Legal Advisors Committee December 2011 Massachusetts General Laws Chapter

More information

Huron County Juvenile Court

Huron County Juvenile Court Huron County Juvenile Court Instructions for: CHILD CARE POWER OF ATTORNEY AND CARETAKER AUTHORIZATION AFFIDAVIT This packet was prepared for your convenience and ease in filing a child care power of attorney

More information

DURHAM DWI LAWYER - PIERCE LAW OFFICES - www.piercelaw.com Civil Revocation Statutes - Durham DWI or Drunk Driving

DURHAM DWI LAWYER - PIERCE LAW OFFICES - www.piercelaw.com Civil Revocation Statutes - Durham DWI or Drunk Driving DURHAM DWI LAWYER - PIERCE LAW OFFICES - www.piercelaw.com Civil Revocation Statutes - Durham DWI or Drunk Driving 20-16.5. Immediate civil license revocation for certain persons charged with implied-

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

Florida Laws on Mental Health (Baker Act) and Substance Abuse (Marchman Act) 2013 Southeast Institute on Homelessness and Supportive Housing

Florida Laws on Mental Health (Baker Act) and Substance Abuse (Marchman Act) 2013 Southeast Institute on Homelessness and Supportive Housing Florida Laws on Mental Health (Baker Act) and Substance Abuse (Marchman Act) 2013 Southeast Institute on Homelessness and Supportive Housing October 1, 2013 Alternatives to the Baker Act Mental Illness

More information

INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C. 3793.31-3793.39] PLEASE READ VERY CAREFULLY!!

INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C. 3793.31-3793.39] PLEASE READ VERY CAREFULLY!! INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [RC 379331-379339] PLEASE READ VERY CAREFULLY!! ***The employees of Probate Court are unable to provide assistance filling

More information

Part 2 Peace Officer Training and Certification Act

Part 2 Peace Officer Training and Certification Act Part 2 Peace Officer Training and Certification Act 53-6-201 Short title. This part is known as the "Peace Officer Training and Certification Act." Enacted by Chapter 234, 1993 General Session 53-6-202

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition) Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

Marchman Act Adult Package

Marchman Act Adult Package Marchman Act Adult Package MARCHMAN ACT PACKAGE Page 2 General Information Notice Of Limitation Of Service Provided ADA Notice Table of Contents Page 3 Flow Chart for General Process for Petition for Involuntary

More information

Treatment Advocacy Center

Treatment Advocacy Center A Guide to Kendra s Law Third Edition Treatment Advocacy Center 3300 N. Fairfax Dr., Suite 220, Arlington, VA 22201 (703) 294-6001 www.psychlaws.org Prepared by The Treatment Advocacy Center Arlington,

More information

How To Manage Conservatorship Assets

How To Manage Conservatorship Assets Attorney s Name: Computer Number: Party Name: Street Address: City, State, and Zip: Telephone Number: ARIZONA SUPERIOR COURT IN PIMA COUNTY IN THE MATTER OF: Name: (from birth certificate) _ Date of birth:

More information

Marriage & Family Arizona Adoption Laws

Marriage & Family Arizona Adoption Laws Overview Arizona statutes addressing adoption are in Title 8 of the Arizona Revised Statutes. Federal laws concerning Indian Children also apply to adoption and are contained in the Indian Child Welfare

More information

19 TH JUDICIAL ADULT DRUG COURT REFERRAL INFORMATION

19 TH JUDICIAL ADULT DRUG COURT REFERRAL INFORMATION 19 TH JUDICIAL ADULT DRUG COURT REFERRAL INFORMATION Please review the attached Drug Court contract and Authorization to Share Information. Once your case has been set on the adult drug court docket in

More information

INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C. 3793.31-3793.39] PLEASE READ VERY CAREFULLY!!

INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C. 3793.31-3793.39] PLEASE READ VERY CAREFULLY!! INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C. 3793.31-3793.39] PLEASE READ VERY CAREFULLY!! ***The employees of Probate Court are unable to provide assistance

More information

Superior Court of California County of Los Angeles

Superior Court of California County of Los Angeles ROBERT LEVENTER COURT COMMISSIONER NORTHEAST DISTRICT- PASADENA 300 EAST WALNUT STREET, DEPARTMENT 271 PASADENA, CA 91101 TELEPHONE: (626) 356-5671 RLEVENTE@LASUPERIORCOURT.ORG Superior Court of California

More information

Pierce County. Drug Court. Established September 2004

Pierce County. Drug Court. Established September 2004 Pierce County Drug Court Established September 2004 Policies and Procedures Updated September 2013 TABLE OF CONTENTS I. Drug Court Team II. Mission Statement III. The Drug Court Model IV. Target Population

More information

I. POLICY: DEFINITIONS:

I. POLICY: DEFINITIONS: GEORGIA DEPARTMENT OF JUVENILE JUSTICE Applicability: { } All DJJ Staff { } Administration {x} Community Services {x} Secure Facilities (RYDCs) Transmittal # 15-07 Policy # 20.41 Related Standards & References:

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

APPLICATION FOR INVOLUNTARY CUSTODY FOR MENTAL HEALTH EXAMINATION [West Virginia Code: 27-5-2]

APPLICATION FOR INVOLUNTARY CUSTODY FOR MENTAL HEALTH EXAMINATION [West Virginia Code: 27-5-2] IN THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA For Clerk's Use Only IN RE: INVOLUNTARY HOSPITALIZATION OF, RESPONDENT DATE: CASE NUMBER - MH - If this application is GRANTED, distribute copies of the application

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE POLICY #414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child

More information

4) In 37.2 817 C The language says any health care records available. What is meant by available? (Commitment Hearings)

4) In 37.2 817 C The language says any health care records available. What is meant by available? (Commitment Hearings) Frequently asked questions: 1) Where and when is the certification program for independent examiners? If one doesn t exist, what happens if no psychiatrists/clinical psychologists are available/willing

More information

IN THE COURT OF APPEALS OF IOWA. No. 14-0318 Filed May 14, 2014. Appeal from the Iowa District Court for Linn County, Barbara Liesveld,

IN THE COURT OF APPEALS OF IOWA. No. 14-0318 Filed May 14, 2014. Appeal from the Iowa District Court for Linn County, Barbara Liesveld, IN THE INTEREST OF D.C. and K.H., Minor Children, IN THE COURT OF APPEALS OF IOWA No. 14-0318 Filed May 14, 2014 D.R., Mother, Appellant. Appeal from the Iowa District Court for Linn County, Barbara Liesveld,

More information

Adult Protective Services

Adult Protective Services Chapter 7.E Guardianship/conservatorship and Mental Health Board A. Guardianship/Conservatorship 1. A guardian or conservator is a person or entity appointed by a court of competent jurisdiction to have

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

INVOLUNTARY OUTPATIENT COMMITMENT SUMMARY OF STATE STATUTES

INVOLUNTARY OUTPATIENT COMMITMENT SUMMARY OF STATE STATUTES 1101 Fifteenth Street NW Suite 1212 Washington DC 20005 202-467-5730 www.bazelon.org INVOLUNTARY OUTPATIENT COMMITMENT SUMMARY OF STATE STATUTES INVOLUNTARY OUTPATIENT COMMITMENT STATUTES State Outpatient

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

STATE STANDARDS FOR ASSISTED TREATMENT

STATE STANDARDS FOR ASSISTED TREATMENT STATE STANDARDS FOR ASSISTED TREATMENT Civil Commitment Criteria for Inpatient or Outpatient Psychiatric Treatment October 2014 200 NORTH GLEBE ROAD, SUITE 801 ARLINGTON, VIRGINIA 22203 (703) 294-6001

More information

Title 15: COURT PROCEDURE -- CRIMINAL

Title 15: COURT PROCEDURE -- CRIMINAL Title 15: COURT PROCEDURE -- CRIMINAL Chapter 105-A: MAINE BAIL CODE HEADING: PL 1987, c. 758, 20 (new) Table of Contents Part 2. PROCEEDINGS BEFORE TRIAL... Subchapter 1. GENERAL PROVISIONS... 3 Section

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE No. _414 I. PURPOSE MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child

More information

Please note that this Act can also be viewed online on the Illinois General Assembly website at www.ilga.gov.

Please note that this Act can also be viewed online on the Illinois General Assembly website at www.ilga.gov. Please note that this Act can also be viewed online on the Illinois General Assembly website at www.ilga.gov. SCHOOLS (105 ILCS 10/) Illinois School Student Records Act. (105 ILCS 10/1) (from Ch. 122,

More information

MINIMUM STANDARDS FOR CERTIFIED NURSE AIDS

MINIMUM STANDARDS FOR CERTIFIED NURSE AIDS MINIMUM STANDARDS FOR CERTIFIED NURSE AIDS Title 15: Mississippi State Department of Health Part 3: Office of Health Protection Subpart 1: Health Facilities Licensure and Certification Post Office Box

More information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate Bill No. 86 Committee on Transportation and Homeland Security Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in

More information

Involuntary Psychiatric Treatment Act

Involuntary Psychiatric Treatment Act Involuntary Psychiatric Treatment Act CHAPTER 42 OF THE ACTS OF 2005 as amended by 2008, c. 8, ss. 38, 39; 2010, c. 41, s. 114; 2014, c. 32, ss. 135, 136 2016 Her Majesty the Queen in right of the Province

More information

MENTAL AND PHYSICAL ILLNESS OR DISABILITY

MENTAL AND PHYSICAL ILLNESS OR DISABILITY Mental and Physical Illness or Disability Chapter 224 1 MENTAL AND PHYSICAL ILLNESS OR DISABILITY CHAPTER 224 SENATE BILL NO. 2296 (Senators Mathern, Lyson, Nelson, Grindberg) (Representatives DeKrey,

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE 214. A. Child means a person under age 18.

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE 214. A. Child means a person under age 18. I. PURPOSE It is the policy of Lakes International Language Academy (the school ) to maintain this policy on mandated reporting of child neglect or physical or sexual abuse. The purpose of this policy

More information

I. Introduction. Objectives. Definitions

I. Introduction. Objectives. Definitions United States District Court Southern District of Illinois David R. Herndon, Chief United States District Judge Nancy J. Rosenstengel, Clerk of Court CRIMINAL JUSTICE ACT PLAN I. Introduction Pursuant

More information

SENATE BILL 1099 AN ACT

SENATE BILL 1099 AN ACT Senate Engrossed State of Arizona Senate Forty-third Legislature First Regular Session SENATE BILL AN ACT amending sections -, -.0, -, -, -, -, -, -, -, - and -, Arizona revised statutes; repealing section

More information

414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE 414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect

More information

STATE STANDARDS FOR ASSISTED TREATMENT

STATE STANDARDS FOR ASSISTED TREATMENT STATE STANDARDS FOR ASSISTED TREATMENT Civil Commitment Criteria for Inpatient or Outpatient Psychiatric Treatment October 2014 200 NORTH GLEBE ROAD, SUITE 801 ARLINGTON, VIRGINIA 22203 (703) 294-6001

More information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines for Guardians ad Litem for Children in Family Court Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family

More information

Livescan cards, when received, apply electronically to the DCI & FBI records

Livescan cards, when received, apply electronically to the DCI & FBI records Juveniles should be fingerprinted upon being taken into custody for any serious or aggravated misdemeanor or felony charge and the Final Disposition Report started Livescan electronically submits cards

More information

Collection of Data on Juvenile Justice Ms. Creem and Mr. Tarr moved that the bill be amended by inserting, after section, the following new section:-

Collection of Data on Juvenile Justice Ms. Creem and Mr. Tarr moved that the bill be amended by inserting, after section, the following new section:- Budget Amendment ID: FY2014-S3-90 Collection of Data on Juvenile Justice Ms. Creem and Mr. Tarr moved that the bill be amended by inserting, after section, the following new section:- JUD 90 SECTION. (a)

More information

Child and Family Services Policy Manual: Legal Procedure Temporary Legal Custody

Child and Family Services Policy Manual: Legal Procedure Temporary Legal Custody Legal Basis When a child protection specialist conducts an investigation and determines that the child has been abused, neglected, or abandoned, the facts of the case may warrant initially filing a petition

More information

Department of Defense INSTRUCTION

Department of Defense INSTRUCTION Department of Defense INSTRUCTION NUMBER 6490.04 March 4, 2013 USD(P&R) SUBJECT: Mental Health Evaluations of Members of the Military Services References: See Enclosure 1 1. PURPOSE. In accordance with

More information

Rule 60A - Child and Adult Protection

Rule 60A - Child and Adult Protection Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,

More information

(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * *

(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * * House Proposal of Amendment S. 292 An act relating to term probation, the right to bail, medical care of inmates, and a reduction in the number of nonviolent prisoners, probationers, and detainees. The

More information

A Guide for Parents to the Juvenile Justice System in Indiana

A Guide for Parents to the Juvenile Justice System in Indiana A Guide for Parents to the Juvenile Justice System in Indiana Your Child and Juvenile Court Published by The Youth Law T.E.A.M. of Indiana This project was supported by Indiana Criminal Justice Institute

More information

PROFESSIONAL SERVICES CONTRACT AS CONFLICT COUNSEL FOR INDIGENT PERSONS

PROFESSIONAL SERVICES CONTRACT AS CONFLICT COUNSEL FOR INDIGENT PERSONS PROFESSIONAL SERVICES CONTRACT AS CONFLICT COUNSEL FOR INDIGENT PERSONS THIS CONTRACT FOR PROFESSIONAL SERVICES, made and entered into on the day of, 2015 by and between Gem County, a political subdivision

More information

NORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS

NORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS NORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS Your Lawyer Name: Address: CONTACT INFORMATION FOR THESE KEY PEOPLE IN YOUR CASE: Phone: Best Time to Call:

More information

IN THE COURT OF COMMON PLEAS, CUYAHOGA COUNTY, OHIO JUVENILE DIVISION. GRANDPARENT POWER OF ATTORNEY Pursuant to 3109.65 to 3109.73, Ohio Revised Code

IN THE COURT OF COMMON PLEAS, CUYAHOGA COUNTY, OHIO JUVENILE DIVISION. GRANDPARENT POWER OF ATTORNEY Pursuant to 3109.65 to 3109.73, Ohio Revised Code IN THE COURT OF COMMON PLEAS, CUYAHOGA COUNTY, OHIO JUVENILE DIVISION IN THE MATTER OF: CASE NO. Child s Name GRANDPARENT POWER OF ATTORNEY Pursuant to 3109.65 to 3109.73, Ohio Revised Code I, residing

More information

Illinois Family Violence Coordinating Councils

Illinois Family Violence Coordinating Councils Illinois Family Violence Coordinating Councils Domestic Violence Court System Self-Assessment July 2006 The purpose of the self-assessment is to empower local domestic violence court systems by providing

More information

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp Rule 45. Subpoena. (a) Form; Issuance. (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court in which the action is pending, the number of the civil action,

More information

Grandparent Power of Attorney (POA) Checklist

Grandparent Power of Attorney (POA) Checklist Grandparent Power of Attorney (POA) Checklist Check off all statements which are true. If any statement is not true, do not check the statement. The POA cannot be filed unless all statements are checked

More information

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)

More information

Rule 42. Practice of attorneys not admitted in Nevada. (1) All actions or proceedings pending before a court in this state;

Rule 42. Practice of attorneys not admitted in Nevada. (1) All actions or proceedings pending before a court in this state; Rule 42. Practice of attorneys not admitted in Nevada. 1. Application of rule. (a) This rule applies to: (1) All actions or proceedings pending before a court in this state; (2) All actions or proceedings

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect or

More information

PACKET 9. Forms for a Petition for Temporary Custody When:

PACKET 9. Forms for a Petition for Temporary Custody When: PACKET 9 Forms for a Petition for Temporary Custody When: 1. You are Extended Family or you reasonably believe that you are the father of the Minor Child(ren) 2. The child(ren) reside with you. EIGHTH

More information

PRIMARY TREATMENT CENTERS AND DETENTION

PRIMARY TREATMENT CENTERS AND DETENTION SECTION SIX PRIMARY TREATMENT CENTERS AND DETENTION I. PRIMARY TREATMENT CENTER A. General Characteristics 1. Children referred to Primary Treatment Centers (PTC) may be children in their initial state

More information

Initiating Court-Ordered Assisted Treatment Inpatient, Outpatient and Emergency Hospitalization Standards by State

Initiating Court-Ordered Assisted Treatment Inpatient, Outpatient and Emergency Hospitalization Standards by State Initiating Court-Ordered Assisted Treatment Inpatient, Outpatient and Emergency Hospitalization Standards by State This chart captures the most essential information about who may initiate proceedings

More information

County Court Restraining Orders

County Court Restraining Orders Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking

More information