20.9.210    REMOVING A YOUTH WITH A MENTAL DISORDER FROM A STATE YOUTH CORRECTIONAL FACILITY

(1) A youth correctional facility must remove a youth committed to it if the facility learns that the youth suffers from a mental disorder and, because of the mental disorder, the youth:

(a) is substantially unable to provide for the youth's own basic needs including the youth's health or safety; i.e., cannot provide for the youth's hygiene;

(b) has recently caused self-injury or injury to others;

(c) presents an imminent threat of injury to himself/herself or others; or

(d) the youth's disorder will, if untreated, predictably deteriorate to the point the youth will become a danger to himself/herself or to others.

(2) Treatment staff in a youth correctional facility will assess youth at the following times to determine if the youth suffers from a mental disorder and the youth meets any of the criteria in (1)(a) through (d):

(a) at the time of the admission to the facility;

(b) at regular intervals if the youth has been diagnosed with a mental disorder or if the youth has been prescribed psychotropic medications for a mental disorder; and

(c) if the youth's behavior suddenly changes and the youth becomes aggressive, assaultive, self-injurious, or dangerous.

(3) If, after assessment by the correctional facility treatment staff, the facility has reason to believe the youth suffers from a mental disorder and meets one of the criteria in (1)(a) through (d), the facility will obtain an evaluation of the youth by a medical doctor, an advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing, a licensed psychologist, or a person who has been certified by the Department of Public Health and Human Services.

(4) If the person listed in (3) certifies that the youth suffers from a mental disorder and meets one of the criteria in (1)(a) through (d), the facility will make application to Medicaid and to in-state psychiatric residential treatment facilities for residential psychiatric treatment of the youth. If no in-state psychiatric residential treatment facilities will accept the youth, the facility will make application to out-of-state psychiatric residential treatment facilities.

(5) When a youth correctional facility places a youth in a psychiatric residential treatment facility, it will periodically discuss the youth's progress with the treatment facility. If the youth makes sufficient progress so the youth no longer suffers from a mental disorder or no longer meets any of the criteria in (1)(a) through (d), the youth correctional facility will take the youth back in the facility, or may release the youth to juvenile parole.

History: 41-5-2006, MCA; IMP, 41-5-1504, 41-5-2006, MCA; NEW, 2013 MAR p. 51, Eff. 1/18/13.