11. The psychiatrist may also choose to discuss the hearing with the child,

explain the purpose of the hearing to the child and explain that the purpose of

the hearing is to protect the child's rights. The child should also understand

that the attorney will speak to the child prior to the hearing and represent to the

child that the length of treatment, yet unapproved by the court, is not fixed and

that the child may be discharged prior to that time or that if additional treatment

is necessary, additional time may be approved for treatment beyond that date.

12. In complex or unusual cases, the psychiatrist may need to communicate with

the attorney in advance of the hearing.

13. During the hearing, the psychiatrist is welcome and encouraged to attend and

may call the Children's Law Center to determine the most appropriate time to

appear. Alternatively, the psychiatrist may be subpoenaed to attend the hearing.

If the psychiatrist chooses not to attend the hearing, s/he should be accessible

by telephone during the time of the hearing. If the psychiatrist testifies, s/he

has the duty and responsibility to answer questions and to assist the court in

understanding the clinical nature of the child's problems and the need for

inpatient hospitalization. The psychiatrist should avoid inflammatory or

adversarial comments which might damage the treatment relationship with the

child and family. The psychiatrist's use of behavior examples rather than

conclusions provides more information to the court and is less conflictual for

the child and family.

14. If the child is released by the court, the psychiatrist must determine whether to

continue the child/physician relationship.

15. If the child is released by the court, the psychiatrist should not initiate or cause

to be initiated a new petition, either voluntary or involuntary regarding the same

child unless new facts occur that, subsequent to the court's decision, warrant

the commencement of a new proceeding.

16. The psychiatrist has no responsibility for completing the notice of commitment

change form if the court releases the child. The physician may or may not

choose to make discharge recommendations under such circumstances.

17. Rehearing issues will be addressed by completing the appropriate form and

completing a new evaluation for admission, QPER, in the same manner as

before. These forms will be completed 16 days prior to the expiration of the

period of court authorized treatment, if additional treatment is necessary.

18. At or about the time of discharge by the psychiatrist, the notice of commitment