0001| SENATE BILL 243 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| MICHAEL S. SANCHEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CHILDREN; AMENDING CERTAIN SECTIONS OF THE NMSA | 0012| 1978 TO ELIMINATE THE ROLE OF RESOURCE CONSULTANTS IN THE | 0013| CHILDREN'S MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ACT; | 0014| REPEALING A SECTION OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 32A-6-2 NMSA 1978 (being Laws 1995, | 0018| Chapter 207, Section 2) is amended to read: | 0019| "32A-6-2. DEFINITIONS.--As used in the Children's Mental | 0020| Health and Developmental Disabilities Act: | 0021| A. "aversive stimuli" means anything that, because | 0022| it is believed to be unreasonably unpleasant, uncomfortable or | 0023| distasteful to the child, is administered or done to the child | 0024| for the purpose of reducing the frequency of a behavior, but | 0025| does not include verbal therapies, physical restrictions to | - 1 - 0001| prevent imminent harm to self or others or psychotropic | 0002| medications that are not used for purposes of punishment; | 0003| B. "clinician" means a physician, licensed | 0004| psychologist, licensed independent social worker or licensed | 0005| professional clinical counselor; | 0006| C. "consistent with the least drastic means | 0007| principle" means that the habilitation or treatment and the | 0008| conditions of habilitation or treatment for the child, | 0009| separately and in combination: | 0010| (1) are no more harsh, hazardous or intrusive | 0011| than necessary to achieve acceptable treatment objectives for | 0012| the child; | 0013| (2) involve no restrictions on physical | 0014| movement and no requirement for residential care, except as | 0015| reasonably necessary for the administration of treatment or | 0016| for the protection of the child or others from physical | 0017| injury; and | 0018| (3) are conducted at the suitable available | 0019| facility closest to the child's place of residence; | 0020| D. "convulsive treatment" means any form of mental | 0021| health treatment that depends upon creation of a convulsion by | 0022| any means, including electroconvulsive treatment and insulin | 0023| coma treatment; | 0024| E. "developmental disability" means a severe | 0025| chronic disability that: | - 2 - 0001| (1) is attributable to a mental or physical | 0002| impairment or a combination of mental or physical impairments; | 0003| (2) is manifested before a person reaches | 0004| twenty-two years of age; | 0005| (3) is expected to continue indefinitely; | 0006| (4) results in substantial functional | 0007| limitations in three or more of the following areas of major | 0008| life activities: | 0009| (a) self-care; | 0010| (b) receptive and expressive language; | 0011| (c) learning; | 0012| (d) mobility; | 0013| (e) self-direction; | 0014| (f) capacity for independent living; or | 0015| (g) economic self-sufficiency; and | 0016| (5) reflects a person's need for a | 0017| combination and sequence of special, interdisciplinary or | 0018| generic treatments or other supports and services that are of | 0019| lifelong or extended duration and that are individually | 0020| planned or coordinated; | 0021| F. "evaluation facility" means a community mental | 0022| health or developmental disability program, a medical facility | 0023| having psychiatric or developmental disability services | 0024| available or, if none of the foregoing is reasonably available | 0025| or appropriate, the office of a licensed physician or a | - 3 - 0001| licensed psychologist, any of which shall be capable of | 0002| performing a mental status examination adequate to determine | 0003| the need for involuntary treatment; | 0004| G. "experimental treatment" means any mental | 0005| health or developmental disabilities treatment that presents | 0006| significant risk of physical harm, but does not include | 0007| accepted treatment used in the competent practice of medicine | 0008| and psychology and supported by scientifically acceptable | 0009| studies; | 0010| H. "grave passive neglect" means failure to | 0011| provide for basic personal or medical needs or for one's own | 0012| safety to such an extent that it is more likely than not that | 0013| serious bodily harm will result in the near future; | 0014| I. "habilitation" means the process by which | 0015| professional persons and their staff assist the | 0016| developmentally disabled child in acquiring and maintaining | 0017| those skills and behaviors that enable the child to cope more | 0018| effectively with the demands of his own person and of his | 0019| environment and to raise the level of his physical, mental and | 0020| social efficiency. "Habilitation" includes programs of | 0021| formal, structured education and treatment; | 0022| J. "likelihood of serious harm to oneself" means | 0023| that it is more likely than not that in the near future the | 0024| child will attempt to commit suicide or will cause serious | 0025| bodily harm to himself by violent or other self-destructive | - 4 - 0001| means, including grave passive neglect; | 0002| K. "likelihood of serious harm to others" means | 0003| that it is more likely than not that in the near future the | 0004| child will inflict serious, unjustified bodily harm on another | 0005| person or commit a criminal sexual offense, as evidenced by | 0006| behavior causing, attempting or threatening such harm, which | 0007| behavior gives rise to a reasonable fear of such harm from the | 0008| child; | 0009| L. "mental disorder" means a substantial disorder | 0010| of the child's emotional processes, thought or cognition that | 0011| grossly impairs judgment, behavior or capacity to recognize | 0012| reality, but does not mean developmental disability; | 0013| M. "mental health or developmental disabilities | 0014| professional" means a physician or other professional who, by | 0015| training or experience, is qualified to work with individuals | 0016| with mental disorders or developmental disabilities; | 0017| N. "physician" or "licensed psychologist", when | 0018| used for the purpose of hospital admittance or discharge, | 0019| means a physician or licensed psychologist who has been | 0020| granted admitting privileges at a hospital licensed by the | 0021| department of health, if such privileges are required; | 0022| O. "psychosurgery" means those operations | 0023| currently referred to as lobotomy, psychiatric surgery and | 0024| behavioral surgery and all other forms of brain surgery if the | 0025| surgery is performed for the following purposes: | - 5 - 0001| (1) modification or control of thoughts, | 0002| feelings, actions or behavior rather than the treatment of a | 0003| known and diagnosed physical disease of the brain; | 0004| (2) treatment of abnormal brain function or | 0005| normal brain tissue in order to control thoughts, feelings, | 0006| actions or behavior; or | 0007| (3) treatment of abnormal brain function or | 0008| abnormal brain tissue in order to modify thoughts, feelings, | 0009| actions or behavior when the abnormality is not an established | 0010| cause for those thoughts, feelings, actions or behavior. | 0011| "Psychosurgery" does not include prefrontal sonic | 0012| treatment in which there is no destruction of brain tissue; | 0013| P. "residential treatment or habilitation program" | 0014| means diagnosis, evaluation, care, treatment or habilitation | 0015| rendered inside or on the premises of a mental health or | 0016| developmental disabilities facility, hospital, clinic, | 0017| institution, supervisory residence or nursing home when the | 0018| individual resides on the premises and where one or more of | 0019| the following measures is available for use: | 0020| (1) a mechanical device to restrain or | 0021| restrict the child's movement; | 0022| (2) a secure seclusion area from which the | 0023| child is unable to exit voluntarily; | 0024| (3) a facility or program designed for the | 0025| purpose of restricting the child's ability to exit | - 6 - 0001| voluntarily; or | 0002| (4) the involuntary emergency administration | 0003| of psychotropic medication; | 0004| ~[Q. "resource consultant" means a person not | 0005| affiliated with any residential treatment or habilitation | 0006| program who, by training or experience, has knowledge of the | 0007| continuum of children's mental health treatment and | 0008| developmental disabilities services and who has contracted | 0009| with the department for the purpose of assisting families in | 0010| finding and accessing the least restrictive treatments and | 0011| services for children;]~ and | 0012| ~[R.]~ |Q.| "treatment" means any effort to | 0013| accomplish a significant change in the mental or emotional | 0014| condition or behavior of the child." | 0015| Section 2. Section 32A-6-11.1 NMSA 1978 (being Laws | 0016| 1995, Chapter 207, Section 13) is amended to read: | 0017| "32A-6-11.1. CONSENT TO PLACEMENT IN A RESIDENTIAL | 0018| TREATMENT OR HABILITATION PROGRAM--CHILDREN YOUNGER THAN | 0019| FOURTEEN YEARS OF AGE.-- | 0020| A. A child younger than fourteen years of age | 0021| shall not receive residential treatment for mental disorders | 0022| or habilitation for developmental disabilities, except as | 0023| provided in this section or Section ~[15 of the Children's | 0024| Mental Health and Developmental Disabilities Act]~ |32A-6-13 | 0025| NMSA 1978|. | - 7 - 0001| B. A child younger than fourteen years of age may | 0002| be admitted to a residential treatment or habilitation program | 0003| with the informed consent of the child's parent, guardian or | 0004| legal custodian for a period not to exceed sixty days, subject | 0005| to the requirements of this section. | 0006| C. In order to admit a child younger than fourteen | 0007| years of age to a residential treatment or habilitation | 0008| program, the child's parent, guardian or legal custodian shall | 0009| knowingly and voluntarily execute a consent to admission | 0010| document prior to the child's admission. The consent to | 0011| admission document shall be in a form designated by the | 0012| supreme court. The consent to admission document shall | 0013| include a clear statement of the parent's, guardian's or legal | 0014| custodian's right to voluntarily consent to or refuse the | 0015| child's admission; the parent's, guardian's or legal | 0016| custodian's right to request the child's immediate discharge | 0017| from the residential treatment program at any time; and the | 0018| parent's, guardian's or legal custodian's rights when the | 0019| parent, guardian or legal custodian requests the child's | 0020| discharge and the child's physician, licensed psychologist or | 0021| the director of the residential treatment facility determines | 0022| that the child needs continued treatment. The facility shall | 0023| ensure that each statement is clearly explained in the child's | 0024| and parent's, guardian's or legal custodian's primary | 0025| language, if that is their language of preference, and in a | - 8 - 0001| manner appropriate to the child's and parent's, guardian's or | 0002| legal custodian's developmental abilities. Each statement | 0003| shall be initialed by the child's parent, guardian or legal | 0004| custodian. | 0005| D. The parent's, guardian's or legal custodian's | 0006| executed consent to admission document shall be filed with the | 0007| child's hospital records within twenty-four hours of the time | 0008| of admission. | 0009| ~[E. Upon the filing of the parent's, guardian's | 0010| or legal custodian's consent to admission document in the | 0011| child's hospital records, the director of the residential | 0012| treatment or habilitation program or the director's designee | 0013| shall, on the next business day following the child's | 0014| admission, notify the resource consultant of the admission and | 0015| provide the resource consultant with the child's name, date of | 0016| birth and the date and place of admission. The resource | 0017| consultant shall make reasonable efforts to contact the | 0018| child's parent, guardian or legal custodian within three days | 0019| of being notified of the child's admission. | 0020| F.]~ |E.| Upon the filing of the parent's, | 0021| guardian's or legal custodian's consent to admission document | 0022| in the child's hospital records, the director of the | 0023| residential treatment or habilitation program or the | 0024| director's designee shall, on the next business day following | 0025| the child's admission, notify the district court or the | - 9 - 0001| special commissioner regarding the admission and provide the | 0002| child's name, date of birth and the date and place of | 0003| admission. The court or special commissioner shall, upon | 0004| receipt of notice regarding a child's admission to a | 0005| residential treatment or habilitation program, establish a | 0006| sequestered court file. | 0007| ~[G.]~ |F.| The director of a residential | 0008| treatment or habilitation program or the director's designee | 0009| shall, on the next business day following the child's | 0010| admission, petition the court to appoint a guardian ad litem | 0011| for the child. When the court receives the petition, the | 0012| court shall appoint a guardian ad litem. The court may order | 0013| the parent to reimburse the state pursuant to the provisions | 0014| of the Children's Code. | 0015| ~[H.]~ |G.| Within seven days of a child's | 0016| admission to a residential treatment or habilitation program, | 0017| a guardian ad litem, representing the child's best interests | 0018| and in accordance with the provisions of the Children's Mental | 0019| Health and Developmental Disabilities Act, shall meet with the | 0020| child, the child's parent, guardian or legal custodian and the | 0021| child's clinician. The guardian ad litem shall determine the | 0022| following: | 0023| (1) whether the child's parent, guardian or | 0024| legal custodian understands and consents to the child's | 0025| admission to a residential treatment or habilitation program; | - 10 - 0001| (2) whether the admission is in the child's | 0002| best interests; and | 0003| (3) whether the admission is appropriate for | 0004| the child and is consistent with the least drastic means | 0005| principle. | 0006| ~[I.]~ |H.| If a guardian ad litem determines that | 0007| the child's parent, guardian or legal custodian understands | 0008| and consents to the child's admission and that the admission | 0009| is in the child's best interests, is appropriate for the child | 0010| and is consistent with the least drastic means principle, the | 0011| guardian ad litem shall so certify on a form designated by the | 0012| supreme court. The form, when completed by the guardian ad | 0013| litem, shall be filed in the child's patient record kept by | 0014| the residential treatment or habilitation program, and a copy | 0015| shall be forwarded to the court or special commissioner within | 0016| seven days of the child's admission. The guardian ad litem's | 0017| statement shall not identify the child by name. | 0018| ~[J.]~ |I.| Upon reaching the age of majority, a | 0019| child who was admitted to a residential treatment or | 0020| habilitation program pursuant to this section may petition the | 0021| district court for the records of the district court regarding | 0022| all matters pertinent to the child's admission to a | 0023| residential treatment or habilitation program. The district | 0024| court, upon receipt of the petition and upon a determination | 0025| that the petitioner is in fact a child who was admitted to a | - 11 - 0001| residential treatment or habilitation program, shall provide | 0002| all court records regarding the admission to the petitioner, | 0003| including all copies in the court's possession. | 0004| ~[K.]~ |J.| Any parent, guardian or legal | 0005| custodian who consents to admission of his child to a | 0006| residential treatment or habilitation program has the right to | 0007| request the child's immediate discharge from the residential | 0008| treatment or habilitation program, subject to the provisions | 0009| of this section. If a child's parent, guardian or legal | 0010| custodian informs the director, a physician or any other | 0011| member of the residential treatment or habilitation program | 0012| staff that the parent, guardian or legal custodian desires the | 0013| child to be discharged from the program, the director, | 0014| physician or other staff shall provide for the child's | 0015| immediate discharge and remit the child to the parent's, | 0016| guardian's or legal custodian's care. The residential | 0017| treatment or habilitation program shall also notify the | 0018| child's guardian ad litem. A child whose parent, guardian or | 0019| legal custodian requests his immediate discharge shall be | 0020| discharged, except when the director of the residential | 0021| treatment program, a physician or a licensed psychologist | 0022| determines that the child requires continued treatment and | 0023| that the child meets the criteria for involuntary residential | 0024| treatment. In that event, the director, physician or licensed | 0025| psychologist shall, on the first business day following the | - 12 - 0001| child's parent's, guardian's or legal custodian's request for | 0002| release of the child from the program, request that the | 0003| children's court attorney initiate involuntary residential | 0004| treatment proceedings. The children's court attorney may | 0005| petition the court for such proceedings. The child has a right | 0006| to a hearing regarding his continued treatment within seven | 0007| days of the request for release. | 0008| ~[L.]~ |K.| A child who is admitted to a | 0009| residential treatment or habilitation program pursuant to this | 0010| section shall have his admission reviewed at the end of the | 0011| sixty-day period following the date of the child's initial | 0012| admission to the program. The child's physician or licensed | 0013| psychologist shall review the child's residential treatment or | 0014| habilitation program and determine whether it is in the best | 0015| interests of the child to continue the admission. If the | 0016| child's physician or licensed psychologist concludes that | 0017| continuation of the residential treatment or habilitation | 0018| program is in the child's best interests, the child's | 0019| clinician shall so state in a form to be filed in the child's | 0020| patient records. The residential treatment or habilitation | 0021| program shall notify the guardian ad litem for the child at | 0022| least seven days prior to the date that the sixty-day period | 0023| is to end or, if necessary, request a guardian ad litem | 0024| pursuant to the provisions of the Children's Mental Health and | 0025| Developmental Disabilities Act. The guardian ad litem shall | - 13 - 0001| then personally meet with the child, the child's parent, | 0002| guardian or legal custodian and the child's clinician and | 0003| ensure that the child's parent, guardian or legal custodian | 0004| understands and consents to the child's continued admission to | 0005| the residential treatment or habilitation program. If the | 0006| guardian ad litem determines that the child's parent, guardian | 0007| or legal custodian understands and consents to the child's | 0008| continued admission to the residential treatment or | 0009| habilitation program, that the continued admission is in the | 0010| child's best interest, that the placement continues to be | 0011| appropriate for the child and consistent with the least | 0012| drastic means principle and that the clinician has recommended | 0013| the child's continued stay in the program, the guardian ad | 0014| litem shall so certify on a form designated by the supreme | 0015| court. The disposition of these forms shall be as set forth | 0016| in this section, with one copy going in the child's patient | 0017| record and the other being sent to the district court in a | 0018| manner that preserves the child's anonymity. This procedure | 0019| shall take place every sixty days following the child's last | 0020| admission or a guardian ad litem's certification, whichever | 0021| occurs first. | 0022| ~[M.]~ |L.| When a guardian ad litem determines | 0023| that the child's parent, guardian or legal custodian does not | 0024| understand or consent to the child's admission to a | 0025| residential treatment or habilitation program, that the | - 14 - 0001| admission is not in the child's best interests, that the | 0002| placement is inappropriate for the child or is inconsistent | 0003| with the least drastic means principle or that the child's | 0004| clinician has not recommended a continued stay by the child in | 0005| the residential treatment or habilitation program, the child | 0006| shall be released or involuntary placement procedures shall be | 0007| initiated. | 0008| ~[N.]~ |M.| If the child's parent, guardian or | 0009| legal custodian is unavailable to take custody of the child | 0010| and immediate discharge of the child would endanger the child, | 0011| the residential treatment or habilitation program may detain | 0012| the child until a safe and orderly discharge is possible. If | 0013| the child's family refuses to take physical custody of the | 0014| child, the residential treatment or habilitation program shall | 0015| refer the case to the department for an abuse and neglect or | 0016| family in need of court-ordered services investigation. The | 0017| department may take the child into protective custody pursuant | 0018| to the provisions of the Abuse and Neglect Act or the Family | 0019| in Need of Services Act." | 0020| Section 3. Section 32A-6-12 NMSA 1978 (being Laws 1995, | 0021| Chapter 207, Section 14) is amended to read: | 0022| "32A-6-12. VOLUNTARY RESIDENTIAL TREATMENT OR | 0023| HABILITATION.-- | 0024| A. A child fourteen years of age or older shall | 0025| not receive treatment for mental disorders or habilitation for | - 15 - 0001| developmental disabilities on a voluntary residential basis, | 0002| except as provided in this section. | 0003| B. Any child fourteen years of age or older may | 0004| voluntarily admit himself to a residential treatment or | 0005| habilitation program, with the informed consent of his parent, | 0006| guardian or legal custodian, for a period not to exceed sixty | 0007| days, subject to the requirements of this section. | 0008| C. To have a child voluntarily admitted to a | 0009| residential treatment or habilitation program, the child and | 0010| the child's parent, guardian or legal custodian shall | 0011| knowingly and voluntarily execute, prior to admission, a | 0012| child's voluntary consent to admission document. The document | 0013| shall include a clear statement of the child's right to | 0014| voluntarily consent or refuse to consent to his admission; | 0015| |the child's| right to request an immediate discharge from the | 0016| residential treatment program at any time; and the child's | 0017| rights when he requests a discharge and his physician, | 0018| licensed psychologist or the director of the residential | 0019| treatment facility determines the child needs continued | 0020| treatment. The facility shall ensure that each statement is | 0021| clearly explained in the child's and parent's, guardian's or | 0022| legal custodian's primary language, if that is their language | 0023| of preference, and in a manner appropriate to the child's and | 0024| parent's, guardian's or legal custodian's developmental | 0025| abilities, and each statement shall be initialed by the child | - 16 - 0001| and his parent, guardian or legal custodian. | 0002| D. The child's parent, guardian or legal custodian | 0003| shall obtain an independent attorney for the child and shall | 0004| notify the residential treatment facility of that attorney's | 0005| name within seventy-two hours of the child's voluntary | 0006| admission. Prior to admission, the residential treatment | 0007| facility shall inform the child's parent, guardian or legal | 0008| custodian of the duty to obtain an independent attorney for | 0009| the child within seventy-two hours. If the child's parent, | 0010| guardian or legal custodian is indigent, the parent, guardian | 0011| or legal custodian may petition the court to appoint an | 0012| attorney for the child. | 0013| E. The child's executed voluntary consent to | 0014| admission document shall be filed in the patient's hospital | 0015| record within twenty-four hours of the time of admission. | 0016| ~[F. Upon the filing of the child's consent to | 0017| admission document in the child's hospital record, the | 0018| director of the residential treatment or habilitation program | 0019| or the director's designee shall, on the next business day | 0020| following the child's admission, notify the resource | 0021| consultant of the admission and provide the child's name, date | 0022| of birth, the date and place of admission. The resource | 0023| consultant shall meet with the child and make reasonable | 0024| efforts to contact the child's parent, guardian or legal | 0025| custodian within three days of being notified of the child's | - 17 - 0001| admission. | 0002| G.]~ |F.| Upon the filing of the child's voluntary | 0003| consent to admission document in the patient's hospital | 0004| record, the director of the residential treatment or | 0005| habilitation program or the director's designee shall, on the | 0006| next business day following the child's admission, notify the | 0007| district court or the special commissioner of the admission, | 0008| giving the child's name, date of birth and the date and place | 0009| of admission. The court or special commissioner shall, upon | 0010| receipt of notice of a child's voluntary admission to a | 0011| residential treatment program, establish a sequestered court | 0012| file. | 0013| ~[H.]~ |G.| If within seventy-two hours of the | 0014| child's voluntary admission the child has not met with an | 0015| independent attorney and the child's parent, guardian or legal | 0016| custodian has not notified the residential treatment or | 0017| habilitation program of the name of the child's independent | 0018| attorney, the residential treatment or habilitation program | 0019| shall, during the next business day, petition the court to | 0020| appoint an attorney. When the court receives the petition, | 0021| the court shall appoint an attorney. The court may order the | 0022| parent to reimburse the state pursuant to the provisions of | 0023| the Children's Code. | 0024| ~[I.]~ |H.| If within seventy-two hours of the | 0025| child's voluntary admission the child has met with an | - 18 - 0001| independent attorney or the child's parent, guardian or legal | 0002| custodian has notified the residential treatment or | 0003| habilitation program of the name of the child's independent | 0004| attorney, the residential treatment or habilitation program | 0005| shall, during the next business day, notify the court or the | 0006| special commissioner of the name of the child's independent | 0007| attorney. | 0008| ~[J.]~ |I.| Within seven days of the admission, an | 0009| attorney representing the child pursuant to the provisions of | 0010| the Children's Mental Health and Developmental Disabilities | 0011| Act shall meet with the child. At the meeting with the child, | 0012| the attorney shall explain to the child the following: | 0013| (1) the child's right to an attorney; | 0014| (2) the child's right to terminate his | 0015| voluntary admission and the procedures to effect termination; | 0016| (3) the effect of terminating the child's | 0017| voluntary admission and options of the physician and other | 0018| interested parties to the petition for an involuntary | 0019| admission; and | 0020| (4) the child's rights under the provisions | 0021| of the Children's Mental Health and Developmental Disabilities | 0022| Act, including the right to: | 0023| (a) legal representation; | 0024| (b) a presumption of competence; | 0025| (c) receive daily visitors of the | - 19 - 0001| child's choice; | 0002| (d) receive and send uncensored mail; | 0003| (e) have access to telephones; | 0004| (f) follow or abstain from the practice | 0005| of religion; | 0006| (g) a humane and safe environment; | 0007| (h) physical exercise and outdoor | 0008| exercise; | 0009| (i) a nourishing, well-balanced, varied | 0010| and appetizing diet; | 0011| (j) medical treatment; | 0012| (k) educational services; | 0013| (l) freedom from unnecessary or | 0014| excessive medication; | 0015| (m) individualized treatment and | 0016| habilitation; and | 0017| (n) participation in the development of | 0018| the individualized treatment plan and access to that plan on | 0019| request. | 0020| ~[K.]~ |J.| If the attorney determines that the | 0021| child understands his rights and that the child voluntarily | 0022| and knowingly desires to remain as a patient in a residential | 0023| treatment or habilitation program, the attorney shall so | 0024| certify on a form designated by the supreme court. The form, | 0025| when completed by the attorney, shall be filed in the child's | - 20 - 0001| patient record at the residential treatment or habilitation | 0002| program facility, and a copy shall be forwarded to the court | 0003| or special commissioner within seven days of the child's | 0004| admission. The attorney's statement shall not identify the | 0005| child by name. | 0006| ~[L.]~ |K.| Upon reaching the age of majority, a | 0007| child who was a voluntary admittee to a residential treatment | 0008| or habilitation program may petition the district court for | 0009| the records of the court regarding all matters pertinent to | 0010| his voluntary admission to a residential treatment or | 0011| habilitation program. The court, upon receipt of the petition | 0012| and upon a determination that the petitioner was in fact the | 0013| child who was a voluntary ~[admitted]~ |admittee| to a | 0014| residential treatment or habilitation program, shall give all | 0015| court records regarding the admission to the petitioner, | 0016| including all copies in the court's possession. | 0017| ~[M.]~ |L.| Any child voluntarily admitted to a | 0018| residential treatment or habilitation program has the right to | 0019| an immediate discharge from the residential treatment or | 0020| habilitation program upon his request, except as provided in | 0021| this section. If a child informs the director, physician or | 0022| any other member of the residential treatment or habilitation | 0023| program staff that he desires to be discharged from the | 0024| voluntary program, the director, physician or other staff | 0025| member shall provide for the child's immediate discharge. The | - 21 - 0001| residential treatment or habilitation program shall not | 0002| require that the child's request be in writing. Upon the | 0003| request, the residential treatment or habilitation program | 0004| shall notify the child's parent, guardian or legal custodian | 0005| to take custody of the child and remit the child to the | 0006| parent's, guardian's or legal custodian's care. The | 0007| residential treatment or habilitation program shall also | 0008| notify the child's attorney. If the child's parent, guardian | 0009| or legal custodian is unavailable to take custody of the child | 0010| and immediate discharge of the child would endanger the child, | 0011| the residential treatment or habilitation program may detain | 0012| the child until a safe and orderly discharge is possible. If | 0013| the child's family refuses to take physical custody of the | 0014| child, the residential treatment or habilitation program shall | 0015| refer the case to the department for an abuse and neglect or | 0016| family in need of court-ordered services investigation. The | 0017| department may take the child into protective custody pursuant | 0018| to the provisions of the Abuse and Neglect Act or the Family | 0019| in Need of Services Act. A child requesting immediate | 0020| discharge shall be discharged, except in those situations when | 0021| the director of the residential treatment or habilitation | 0022| program, a physician or a licensed psychologist determines | 0023| that the child requires continued treatment and that the child | 0024| meets the criteria for involuntary residential treatment as | 0025| otherwise provided under the Children's Mental Health and | - 22 - 0001| Developmental Disabilities Act. In that event, the director, | 0002| physician or licensed psychologist, after making the | 0003| determination, shall, on the first business day following the | 0004| child's request for release from the voluntary program, | 0005| request that the children's court attorney initiate | 0006| involuntary placement proceedings. The children's court | 0007| attorney may petition for such a placement. The child has a | 0008| right to a hearing on his continued treatment within seven | 0009| days of his request for release. | 0010| ~[N.]~ |M.| A child who is a voluntary admittee to | 0011| a residential treatment or habilitation program shall have his | 0012| voluntary admission reviewed at the end of a sixty-day period | 0013| from the date of his initial admission to the program. The | 0014| review shall be accomplished by having the child's physician | 0015| or licensed psychologist review the child's treatment and | 0016| determine whether it would be in the best interests of the | 0017| child to continue the voluntary admission. If the child's | 0018| physician or licensed psychologist concludes that continuation | 0019| of treatment is in the child's best interests, the child's | 0020| clinician shall so state in a form to be filed in the child's | 0021| patient record. The residential treatment or habilitation | 0022| program shall notify the attorney for the child at least seven | 0023| days prior to the date that the sixty-day period is to end or, | 0024| if necessary, request an attorney pursuant to the provisions | 0025| of the Children's Mental Health and Developmental Disabilities | - 23 - 0001| Act. The attorney shall then personally meet with the child | 0002| and ensure that the child understands his rights as set forth | 0003| in this section, that the child understands the method for | 0004| voluntary termination of his admission and that the child | 0005| knowingly and voluntarily consents to his continued treatment. | 0006| If the attorney determines that the child understands these | 0007| rights and that the child voluntarily and knowingly desires to | 0008| remain as a patient in the residential treatment or | 0009| habilitation program and that the clinician has recommended | 0010| the continued stay in the program, the attorney shall so | 0011| certify on a form designated by the supreme court. The | 0012| disposition of these forms shall be as set forth in this | 0013| section, with one copy going in the child's patient record and | 0014| the other being sent to the district court in a manner that | 0015| preserves the child's anonymity. This procedure shall take | 0016| place every sixty days from the last admission or attorney's | 0017| certification, whichever comes first. | 0018| ~[O.]~ |N.| If the attorney determines that the | 0019| child does not voluntarily desire to remain in the program or | 0020| if the clinician of the child has not recommended continued | 0021| stay by the child in the residential treatment or habilitation | 0022| program, the child shall be released or the involuntary | 0023| placement procedures set forth in this section and the | 0024| Children's Mental Health and Developmental Disabilities Act | 0025| shall be followed." | - 24 - 0001| Section 4. Section 32A-18-1 NMSA 1978 (being Laws 1993, | 0002| Chapter 77, Section 224, as amended) is amended to read: | 0003| "32A-18-1. CULTURAL RECOGNITION.-- | 0004| A. A person who serves as a judge, prosecutor, | 0005| guardian ad litem, ~[resource consultant]~ treatment guardian, | 0006| court appointed attorney, court appointed special advocate, | 0007| foster parent, mental health commissioner or mental health | 0008| treatment service provider for a child subject to an abuse or | 0009| neglect petition, a family in need of services petition or a | 0010| mental health placement shall receive periodic training, to | 0011| the extent of available resources, to develop his knowledge | 0012| about children, the physical and psychological formation of | 0013| children and the impact of ethnicity on a child's needs. | 0014| Institutions that serve children and their families shall, | 0015| considering available resources, provide similar training to | 0016| institutional staff. | 0017| B. The training shall include study of: | 0018| (1) cross-cultural dynamics and sensitivity; | 0019| (2) child development; | 0020| (3) family composition and dynamics; | 0021| (4) parenting skills and practices; | 0022| (5) culturally appropriate treatment plans; | 0023| and | 0024| (6) alternative health practices." | 0025| Section 5. REPEAL.--Section 32A-6-10.1 NMSA 1978 (being | - 25 - 0001| Laws 1995, Chapter 207, Section 11) is repealed. | 0002| Section 6. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is July 1, 1998. | 0004|  |