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Protocol for the Admission of Children to Psychiatric Treatment Facilities



1. You have the right to an attorney.


2. An attorney will be appointed by the court.


3. The attorney will meet you no later than 48 hours before your hearing.


4. You will receive notice of the hearing.


5. At the meeting between you and your attorney, you will have the opportunity to fully discuss the nature of the hearing. This discussion may include the following issues:

a) Transportation to the hearing;

b) Physical setting of the hearing;

c) The judge’s role;

d) The parents’ presence and role at the hearing;

e) The role of the psychiatrist or psychologist;

f) The written evaluation and its use at the hearing;

g) Possible outcomes of the hearing;

h) Rehearings;

i) Appeal.


6. You and your attorney will discuss events leading up to your admission and information in your medical record.


7. The attorney will explain the positions that you may take at the hearing:


a) You may consent to the treatment plan recommended by your physician or psychologist. If you consent to treatment, you may attend the hearing or you may waive your right to be present and to testify at the hearing;


b) You may consent to treatment at the facility, not to exceed a specified period of time. Evidence may need to be presented at the hearing to support this position;


c) You may contest treatment at the facility. In this case, too, evidence may need to be presented at the hearing to support this position.


8. You may discuss the hearing with your physician or psychologist and express your concerns about treatment recommendations that your psychiatrist or psychologist is making.




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