26B-5-410. Restrictions and limitations — Civil rights and privileges.
(1)
Subject to the specific rules of the division, and except to the extent that the local mental health authority or its designee, in conjunction with the child‘s current treating mental health professional, determines that it is necessary for the welfare of the person to impose restrictions, every child committed to the physical custody of a local mental health authority under Section 26B-5-403 is entitled to:
placement of a child in any residential or inpatient setting;
(b)
the right to physical custody of a child;
(c)
the right and duty to protect the child; and
(d)
the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401
(a)
communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside of the facility;
(b)
receive visitors; and
(c)
exercise his civil rights.
(2)
When any right of a child is limited or denied, the nature, extent, and reason for that limitation or denial shall be entered in the child’s treatment record. Any continuing denial or limitation shall be reviewed every 30 days and shall also be entered in that treatment record. Notice of that continuing denial in excess of 30 days shall be sent to the division.
(3)
Notwithstanding any limitations authorized under this section on the right of communication, each child committed to the physical custody of a local mental health authority is entitled to communicate by sealed mail with his attorney, the local mental health authority, its designee, his current treating mental health professional, and the court, if commitment was court ordered. In no case may the child be denied a visit with the legal counsel or clergy of his choice.
(4)
Each local mental health authority shall provide appropriate and reasonable means and arrangements for informing children and their parents or legal guardians of their rights as provided in this part, and for assisting them in making and presenting requests for release.
(5)
All local mental health facilities shall post a statement, promulgated by the division, describing patient’s rights under Utah law.
Renumbered and Amended by Chapter 308, 2023 General Session
