(1) A child may be treated involuntarily, and placed at a facility, according to the disposition of the department under section 16-2415, Idaho Code, for a period of up to one hundred twenty (120) days if, after the hearing provided in section 16-2417, Idaho Code, the court determines on the basis of clear and convincing evidence that:
(a)  The child is suffering from severe emotional disturbance; and
(b)  There is reasonable prospect that his illness is treatable by a facility or program operated by the department or other facility available to the department for treatment of children with serious emotional disturbance; and
(c)  A child’s parent or guardian refuses or is unable to adequately provide for the treatment of the child consistent with the requirements of public safety; and
(d)  As the result of serious emotional disturbance, the child is:
(i)   Likely to cause harm to himself or suffer substantial mental or physical deterioration; or
(ii)  Likely to cause harm to others.
(2)  Within seven (7) days after entry of the order for involuntary commitment, the department of health and welfare shall develop a plan of treatment to be approved by the court which includes:
(a)  A proposed placement and projections for aftercare upon completion of treatment;
(b)  Specific behavioral goals by which the success of the treatment can be measured; and
(c)  Evidence of attempts to involve the patient and the patient’s family in the development of the plan.
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Terms Used In Idaho Code 16-2418

  • Child: means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. See Idaho Code 16-2403
  • Consistent with the least restrictive alternative principle: means that services are delivered in the setting that places the fewest restrictions on the personal liberty of the child and that provides the greatest integration with individuals who do not have disabilities, in typical and age-appropriate school, community and family environments, which is consistent with safe, effective and cost-effective treatment for the child and family. See Idaho Code 16-2403
  • Department: means the department of health and welfare. See Idaho Code 16-2403
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Serious emotional disturbance: means a diagnostic and statistical manual of mental disorders (DSM) diagnosable mental health, emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child’s functioning to be impaired in thought, perception, affect or behavior. See Idaho Code 16-2403
(3)  The plan of treatment shall be consistent with the least restrictive alternative principle.
(4)  The court may conduct a review hearing at any time to monitor compliance and to make any significant adjustment from the plan of treatment during the period of involuntary commitment.