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Title
Rules and Forms | Juvenile Law: Psychiatric Residential Treatment Facility Voluntary Admission (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends adopting one rule of court and six forms to conform to recent statutory changes enacted by Assembly Bill 2317 (Ramos; Stats. 2022, ch. 589) regarding court oversight of the voluntary admission of a child, nonminor, or nonminor dependent to a psychiatric residential treatment facility.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2024:
1. Adopt rule 5.619 to clarify and establish noticing requirements, and to require the use of the forms recommended in this report;
2. Adopt Ex Parte Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-172) as a mandatory form for use by the social worker or probation officer to request a court order authorizing a voluntary admission to a psychiatric residential treatment facility;
3. Adopt Proof of Notice of Hearing on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-173) as a mandatory form for use by the social worker or probation officer to inform the court of the parties who received notice of the hearing on the application for voluntary admission;
4. Adopt Order on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-174) as a mandatory form for the court to make orders regarding the application for voluntary admission;
5. Adopt Review of Voluntary Admission of Child to Psychiatric Residential Treatment Facility (form JV-175) as a mandatory form to record the court’s findings and orders regarding a child at the hearings held 60 days after the admission, and every 30 days thereafter, to review the placement in the facility based on the medical necessity of that placement;
6. Adopt Review of Voluntary Admission of Nonminor or Nonminor Dependent to Psychiatric Residential Treatment Facility (form JV-176) as a mandatory form to record the court’s findings and orders regarding a nonminor or nonminor dependent at the hearings held 60 days after the admission, and every 30 days thereafter, to review the placement in the facility based on the medical necessity of that placement;
7. Adopt Admission to Psychiatric Residential Treatment Facility by Consent of Conservator--Additional Findings and Orders (form JV-177) as a mandatory form to attach to a local minute order or Judicial Council findings and orders form to document the court’s findings and orders regarding the placement at any six-month review hearing when the child has been placed at the facility by the consent of a conservator.
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