Rule 5.643 - Mental health or condition of child; court procedures(a) Doubt concerning the mental health of a child (§§ 357, 705, 6550, 6551) Whenever the court believes that the child who is the subject of a petition filed under section 300, 601, or 602 is mentally disabled or may be mentally ill, the court may stay the proceedings and order the child taken to a facility designated by the court and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. The professional in charge of the facility must submit a written evaluation of the child to the court.
(b) Findings regarding a mental disorder (§ 6551) Article 1 of chapter 2 of part 1 of division 5 (commencing with section 5150) applies.
(1) If the professional reports that the child is not in need of intensive treatment, the child must be returned to the juvenile court on or before the expiration of the 72-hour period, and the court must proceed with the case under section 300, 601, or 602.(2) If the professional in charge of the facility finds that the child is in need of intensive treatment for a mental disorder, the child may be certified for not more than 14 days of involuntary intensive treatment according to the conditions of sections 5250(c) and 5260(b). The stay of the juvenile court proceedings must remain in effect during this time.(A) During or at the end of the 14 days of involuntary intensive treatment, a certification may be sought for additional treatment under sections commencing with 5270.10 or for the initiation of proceedings to have a conservator appointed for the child under sections commencing with 5350. The juvenile court may retain jurisdiction over the child during proceedings under sections 5270.10 et seq. and 5350 et seq.(B) For a child subject to a petition under section 602, if the child is found to be gravely disabled under sections 5300 et seq., a conservator is appointed under those sections, and the professional in charge of the child's treatment or of the treatment facility determines that proceedings under section 602 would be detrimental to the child, the juvenile court must suspend jurisdiction while the conservatorship remains in effect. The suspension of jurisdiction may end when the conservatorship is terminated, and the original 602 matter may be calendared for further proceedings.(c) Findings regarding developmental disability (§ 6551) Article 1 of chapter 2 of part 1 of division 5 (commencing with section 5150) applies.
(1) If the professional finds that the child has a developmental disability and recommends commitment to a state hospital, the court may direct the filing in the appropriate court of a petition for commitment of a child who has a developmental disability to the State Department of Developmental Services for placement in a state hospital.(2) If the professional finds that the child does not have a developmental disability, the child must be returned to the juvenile court on or before the expiration of the 72-hour period, and the court must proceed with the case under section 300, 601, or 602.(3) The jurisdiction of the juvenile court must be suspended while the child is subject to the jurisdiction of the appropriate court under a petition for commitment of a person who has a developmental disability, or under remand for 90 days for intensive treatment or commitment ordered by that court. (Subd (c) amended effective January 1, 2020; previously amended effective January 1, 2007, and January 1, 2009.)
Rule 5.645 renumbered and amended effective 1/1/2020; amended effective 1/1/2012; adopted as rule 1498 effective 1/1/1999; previously amended and renumbered effective 1/1/2007; previously amended effective 1/1/2009.