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§14-5-7  Parental refusal – Custodial treatment. –

Published: 2015

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Delinquent and Dependent Children


Treatment of Juveniles for Chemical Dependency

SECTION 14-5-7

   § 14-5-7  Parental refusal – Custodial

treatment. –

(a) In the event that a minor voluntarily seeks custodial or invasive

treatment, a qualified professional determines that that treatment is in the

best interest of the minor, and the minor's parents refuse to consent to

treatment, the minor, or anyone on his or her behalf, may petition the family

court for approval of treatment.

   (b) A judge of the family court shall, upon petition and

after an appropriate hearing, authorize custodial or invasive treatment if the

judge determines that the child is mature and capable of making his or her

decision as to the need for treatment, or if the judge determines that the

child is not mature but that the custodial invasive treatment requested by the

child would be in the child's best interests.

   (c) A child may participate in the hearing on his or her own

behalf and shall be represented in the proceeding by legal counsel. Proceedings

in the family court under this section shall be confidential and shall be given

precedence over other pending matters, so that the court may reach a decision

promptly and without delay so as to serve the best interests of the child.

   (d) A judge of the family court who conducts proceedings

under this section shall make in writing specific factual findings and legal

conclusions supporting his or her decision and shall order a record of the

evidence to be maintained, including his or her own findings and conclusions.

History of Section.

(P.L. 1988, ch. 665, § 1.)