33-3-401 - Mentally ill or retarded minors in youth development centers.
33-3-401. Mentally ill or retarded minors in youth development centers.
(a) If the chief officer of a youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center:
(1) Has serious emotional disturbance, mental illness, or mental retardation; and
(2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of mental health and developmental disabilities, the chief officer of the youth development center shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer.
(b) (1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, the person shall be transferred to the appropriate residential program of the department of mental health and developmental disabilities that is designated by the commissioner of mental health and developmental disabilities as having available suitable accommodations. The department of children's services shall retain legal custody of the person after the person has been transferred to an appropriate residential program of the department of mental health and developmental disabilities.
(2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, the chief officer of the youth development center shall convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person shall remain in the youth development center pending the decision of the transfer committee.
[Acts 1984, ch. 922, § 34; 1989, ch. 278, § 30; 1989, ch. 513, § 5; 1992, ch. 991, § 13; 1996, ch. 1079, §§ 40-42; 2000, ch. 947, §§ 1, 6.]