Louisiana Children’s Code 1463 – Physician’s certificate for a minor
Terms Used In Louisiana Children's Code 1463
- Caretaker: means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, or other person providing a residence for the child. See Louisiana Children's Code 1404
- 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.
- MHAS: means Mental Health Advocacy Service, as established by 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
- Substance abuse: means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled. See Louisiana Children's Code 1404
- 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 shall not be detained at a treatment facility pursuant to parental admission more than seventy-two hours unless a physician’s certificate for a minor has been executed and delivered to the MHAS.
B. The certificate may be executed by any licensed physician after an actual examination.
C. Failure to conduct an actual examination prior to the execution of the certificate will be evidence of gross negligence.
D. The certificate shall be dated and executed under penalty of perjury, but need not be notarized. The certificate shall state:
(1) The date and time of the physician’s examination of the minor, which shall not be more than seventy-two hours prior to the signature of the certificate.
(2) The name and age of the minor and the patient‘s identification number, if known.
(3) The date and time of admission.
(4) The name and address of the parent, tutor, caretaker, or responsible person admitting the minor.
(5) The objective findings of the physician relative to the physical and mental condition of the minor, leading to the determination of whether the minor examined is in need of inpatient psychiatric treatment because all of the following conditions exist:
(a) The minor suffers from mental illness or substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution.
(b) The minor can benefit from inpatient treatment.
(c) The treatment facility where the minor is confined is medically appropriate.
(6) The history pertinent to this admission.
(7) A statement as to whether the minor wishes to remain in the treatment facility.
E. The certificate shall be delivered to the MHAS located nearest to the treatment facility. Delivery may be accomplished either by:
(1) Personal delivery to any MHAS employee.
(2) Mailing a copy of the certificate to the nearest MHAS, certified mail, return receipt requested.
F. MHAS shall have the authority to represent the interests of any minor they suspect has been inappropriately placed or who had requested their services. Services may be rendered as deemed necessary including but not limited to the provisions of Article 1405.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 187, §1, eff. May 31, 1993; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §3.