Louisiana Children’s Code 1458 – Conditional discharge
Terms Used In Louisiana Children's Code 1458
- Conditional discharge: means the physical release of a judicially committed minor from a treatment facility by the director or by the court. See Louisiana Children's Code 1404
- Discharge: means the full or conditional release from a treatment facility of any minor admitted or otherwise detained under this Title. See Louisiana Children's Code 1404
- Patient: means any person detained and taken care of as a person with mental illness or person suffering from substance abuse. See Louisiana Children's Code 1404
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Children's Code 1404
- Treatment facility: means any public or private hospital, retreat, institution, mental health center, or facility licensed by the state of Louisiana in which any mentally ill minor or minor suffering from substance abuse is received or detained as a patient except a facility under the control or supervision of the Department of Public Safety and Corrections unless otherwise provided in Title VIII of this Code. See Louisiana Children's Code 1404
A. A minor who is judicially committed as a result of mental illness may be conditionally discharged for a period of up to one hundred twenty days by the director or by the court during which time the judicial commitment of the minor shall remain in effect. The minor patient may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the minor patient. A copy of the conditional discharge shall be given to him and explained to him before he is discharged.
B. If the minor patient is conditionally discharged by the director, a copy of the conditional discharge shall be sent to the court which judicially committed him. If the minor patient is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the facility to which he has been committed.
C. If a minor patient does not comply with the terms and conditions of his conditional discharge, he is subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for custody and the execution of an emergency certificate. A conditionally discharged minor patient who is confined pursuant to any of these involuntary procedures shall have all rights of an involuntary patient, including the right to demand a probable cause hearing, the right to periodic reports and review, and a review hearing pursuant to Article 1454.
D. An extension of a conditional discharge may be granted upon application by the director of the treatment facility to the court and notification to the minor’s counsel of record. The court may grant the extension of the conditional discharge for an additional period of up to one hundred twenty days. No further extension may be made without a contradictory hearing. The burden of proof is on the director of the treatment facility to show why continued treatment is necessary.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.