Current Status Introducing Body:Senate Bill Number:341 Ratification Number:148 Act Number:84 Primary Sponsor:Bryan Type of Legislation:GB Subject:Mental health inpatient facility, child involuntarily Date Bill Passed both Bodies:19930527 Computer Document Number:436/12881AC.93 Governor's Action:S Date of Governor's Action:19930614 Introduced Date:19930128 Last History Body:------ Last History Date:19930614 Last History Type:Act No. 84 Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
341 ------ 19930614 Act No. 84
341 ------ 19930614 Signed by Governor
341 ------ 19930610 Ratified R 148
341 House 19930527 Read third time, enrolled for
ratification
341 House 19930526 Read second time
341 House 19930519 Committee Report: Favorable 25
341 House 19930303 Introduced, read first time, 25
referred to Committee
341 Senate 19930302 Read third time, sent to House
341 Senate 19930225 Read second time
341 Senate 19930224 Committee Report: Favorable 11
341 Senate 19930128 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A84, R148, S341)
AN ACT TO AMEND SECTION 44-24-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S REVIEW AND DISPOSITION OF A CHILD ADMITTED AS AN INPATIENT TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE COURT MAY FIND A CHILD WAS ADMITTED INVOLUNTARILY BUT THAT THE ADMISSION WAS NECESSARY AND TO PROVIDE REQUIREMENTS WHEN THIS IS THE FINDING.
Be it enacted by the General Assembly of the State of South Carolina:
Judicial review of inpatient admission of child 16 or older
SECTION 1. Section 44-24-30 of the 1976 Code, as added by Act 88 of 1991, is amended to read:
"Section 44-24-30. When a child sixteen years of age or older is admitted to an inpatient facility at the department, the probate court of the county in which the child resides or where the child applied for admittance shall appoint a guardian ad litem. The guardian ad litem shall review the case and report to the court whether, in the guardian ad litem's opinion, the child had applied voluntarily or if the application was involuntary. The review may not exceed seven days. During the review the guardian ad litem must have access to relevant information and must be able to interview the parents or guardian of the child. If the guardian ad litem suspects the application was involuntary, the guardian ad litem shall notify the court and facility where the child is held. After notification, the facility shall evaluate further the appropriateness of admission and report the findings to the court. After reviewing the opinion of the guardian ad litem and the facility, if the court determines the:
(1) application was voluntary or involuntary and no need for commitment exists, the child must be discharged immediately;
(2) application was voluntary and admission is necessary, there must be no further action before periodic review;
(3) application was involuntary and admission is necessary, the court shall order the facility to file, within three days exclusive of Saturdays, Sundays, and legal holidays after the date of the order, a petition for judicial admission and to retain the child pending a hearing which must be conducted within fifteen days of the filing of the petition;
(4) child is in need of alternative treatment other than admission to a facility, the local mental health center is responsible for coordinating appropriate services."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of June, 1993.