Sec. 17a-79. (Formerly Sec. 17-205f). Hospitalization of child for diagnosis or treatment of mental disorder.
Sec. 17a-79. (Formerly Sec. 17-205f). Hospitalization of child for diagnosis or
treatment of mental disorder. (a) Except as provided in subsection (b) of this section,
any hospital may admit any child for diagnosis or treatment of a mental disorder upon
the written request of the child's parent. A child fourteen years of age or over may be
admitted under this section without consent of his or her parents if such child consents
in writing, provided that the parents of such child, if any, shall be notified within five
days of such admission that such child has been hospitalized under the provisions of
this subsection. If the whereabouts of such parents are unknown, then such child's nearest relative shall be so notified. In the event that a child's parent or guardian requests
in writing release of such child, or in the event a child age fourteen or older who has
been admitted with his or her written consent requests in writing his or her release, the
hospital shall release such child or commence commitment proceedings in accordance
with sections 17a-76 and 17a-77 and the hospital may detain the child for five business
days, in order to allow an application to be filed. In the event such an application is
filed, such hospitalization shall be continued for an additional period of time to allow
such application to be heard, but in no event shall such hospitalization continue for more
than fifteen days, or twenty-five days, if the matter has been transferred to the Superior
Court, beyond the receipt of such application by the court.
(b) No child in the custody of the Commissioner of Children and Families shall be
admitted for diagnosis or treatment except in accordance with sections 17a-76 to 17a-78, inclusive, unless (1) the commissioner requests such admission, (2) legal counsel
appointed by the superior court for juvenile matters or court of probate in accordance
with section 17a-76 agrees, in writing, to such admission, and (3) the child, if fourteen
years of age or over consents to such admission. The parents or guardian of the person
of such child, if any, shall be notified within five days of such admission that such child
has been hospitalized under the provisions of this section. If the whereabouts of such
parents or guardian of the person is unknown, then the nearest relative of such child
shall be notified. In the event either parent or the guardian of the person of the child
requests in writing the release of such child, the hospital shall release such child, unless
the Commissioner of Children and Families commences commitment proceedings in
accordance with sections 17a-76 and 17a-77. The hospital may detain the child for five
business days after receipt of the written request in order to allow an application to be
filed. If an application is filed, hospitalization shall be continued for an additional period
of time to allow the application to be heard, but in no event shall hospitalization continue
for more than fifteen days, or twenty-five days, if the matter has been transferred to the
Superior Court, beyond the receipt of such application by the court.
(P.A. 79-511, S. 5; P.A. 81-247, S. 6, 7; P.A. 86-311, S. 1; P.A. 93-91, S. 1, 2; P.A. 05-246, S. 11.)
History: P.A. 81-247 eliminated the provision that allowed surrogate parents to request admission of a child to a hospital
for diagnosis or treatment of a mental disorder; P.A. 86-311 divided the section into Subsecs. (a) and (b), in Subsec. (a)
deleting language concerning the admission of a child who is in the custody of the commissioner of children and youth
services for diagnosis or treatment, and adding provisions as new Subsec. (b) which provided the standard of when a child
in the commissioner's custody may be admitted for diagnosis and treatment; Sec. 17-205f transferred to Sec. 17a-79 in
1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of
children and youth services, effective July 1, 1993; P. A. 05-246 amended Subsec. (b)(2) to specify that legal counsel be
appointed by the superior court for juvenile matters of the court of probate.