TITLE 14
Delinquent and Dependent Children
CHAPTER 14-5
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.)
