Idaho State Statutes - Idaho Attorney Directory

(1) A judge of
any court shall order the department of health and welfare to submit
appropriate mental health assessments and a plan of treatment for the court's
approval if at any stage of a proceeding under this chapter or the child
protective act, chapter 16, title 16, Idaho Code, a judge has reason to
believe, based upon the record and proceedings of the court or upon an
affidavit of a party, state or county agency or any person having physical
custody of the juvenile, that the juvenile:
(a) Is suffering a substantial increase or persistence of a serious
emotional disturbance as defined in section 16-2403, Idaho Code, which
impairs his or her ability to comply with the orders and directives of the
court, or which presents a risk to the juvenile's safety or well-being or
the safety of others; and
(b) Such condition has not been adequately addressed with supportive
services and/or corrective measures previously provided to the juvenile,
or the juvenile's needs with respect to the serious emotional disturbance
are not being met or have not been met.
(2) The court may convene a screening team consisting of representatives
from the department of health and welfare, county probation, local school
officials, the department of juvenile corrections and/or other agencies or
persons designated by the court to review the plan of treatment and provide
written recommendations to the court. Parents and guardians of the juvenile,
if available, shall be included in the screening team and consulted with
regard to the plan of treatment.
(3) If the court, after receiving the mental health assessment and plan
of treatment submitted by the department of health and welfare and any
recommendations from the screening team, determines that additional
information is necessary to determine whether the conditions set forth in
subsections (1)(a) and (1)(b) of this section are present, or to determine an
appropriate plan of treatment for the juvenile, the court may order an
evaluation and/or recommendations for treatment to be furnished by a
psychiatrist, licensed physician or licensed psychologist, with the expenses
of such evaluation and/or recommendations to be borne by the department of
health and welfare.
(4) If the court concludes that the conditions set forth in subsections
(1)(a) and (1)(b) of this section are present, the plan of treatment, as
approved by the court, shall be entered into the record as an order of the
court. The department of health and welfare shall provide mental health
treatment as designated by the approved plan of treatment. If in-patient or
residential treatment is required as part of the plan of treatment, the court
shall hold a hearing on whether to order such treatment unless the hearing is
waived by the juvenile and the juvenile's parents or guardians. The court
may order parents, legal guardians or custodians to adhere to the treatment
designated in the plan of treatment. Representatives from the department of
health and welfare, county probation, local school officials, the department
of juvenile corrections and/or other agencies or persons designated by the
court shall attend case review hearings as scheduled by the court.
(5) All costs associated with assessment and treatment shall be the
responsibility of the parents of the juvenile according to their ability to
pay based upon the sliding fee scale established pursuant to section 16-2433,
Idaho Code. The financial obligation of the family shall be determined after
consideration of all available payment and funding sources including title XIX
of the social security act, as amended, all available third party sources, and
parent resources according to any order for child support under chapter 10,
title 32, Idaho Code. Services shall not be conditioned upon transfer of
custody or parental rights.

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