(a) Every petition for involuntary admission for a maximum of fifteen (15) days, shall be accompanied by a certification from the child and adolescent psychiatrist, of if unavailable, a general psychiatrist after consulting with the former, which shall be known as the first certification. This first certification shall establish that the minor meets the criteria for immediate involuntary admission in a hospital institution or any other providing institution in order to receive treatment, recovery and rehabilitation.
Said first certification shall establish the following:
(1) That the child and adolescent psychiatrist, or if unavailable, a general psychiatrist, after consultation with the former, and the inter- or multidisciplinary team, evaluated the minor within a term not greater that two (2) days prior to presenting the request for involuntary admission;
(2) the observations and criteria that gave rise to the determination, to the effect that the minor meets the admission criteria as established in this chapter, and
(3) evidence that the minor, and his/her parent with patria potestas or custody, or legal guardian have received copy of the rights established in this chapter.
(b) Once the first certification is received, the court shall issue an order for involuntary admission for a term not longer than fifteen (15) days, which shall be known as a fifteen (15)-day involuntary admission. Upon issuing the order, the court shall schedule a follow-up hearing that shall be held within the next seven (7) working days in order to evaluate the extension or suspension of the involuntary admission. The court shall notify the date, time and place of the hearing to the minor, his/her parent with patria potestas or custody, or legal guardian or the person with provisional custody.
If during the hearing, the court finds that the minor should continue receiving involuntary treatment services, the first order for admission shall continue in effect until the original established term of fifteen (15) days concludes. When the child and adolescent psychiatrist, in consultation with the inter- or multidisciplinary team, recommends the release, the court, if it accepts the recommendation, shall order the immediate release of the minor in that level of care. It may also order compulsory treatment in another level of care with greater autonomy, if recommended by the child and adolescent psychiatrist and the inter-or multidisciplinary team, because the minor represent an immediate risk of harm to the self or others, or damage to property.
Within not more than twenty-four (24) hours of the issuance of the first order for involuntary admission, the minor, his/her parent with patria potestas or custody, legal guardian or the person with provisional custody and his/her attorney, as the case may be, shall receive a copy of the first certification and of the order issued to the minor by the court.
History —Oct. 2, 2000, No. 408, § 8.17, eff. 90 days after Oct. 2, 2000.