Section 432B.NEW - [Newly enacted section not yet numbered] [Automatic expiration of court order]1. If the court issues an order for the admission of a child who is in the custody of an agency which provides child welfare services to a facility for nonemergency mental health treatment pursuant to section 38 of this act, the order automatically expires: (a) At the end of 90 days if the facility does not release the child pursuant to subsection 4 before the expiration of the order; or(b) If the facility releases the child pursuant to subsection 4 before the expiration of the order, on the date of the release.2. Before the expiration of an order for nonemergency medical treatment pursuant to paragraph (a) of subsection 1, the agency which provides child welfare services, the Division of Child and Family Services or any facility may petition to renew the admission of the child for additional periods not to exceed 60 days each. Each petition for renewal must set forth the specific reasons why further treatment in the facility is in the best interest of the child.3. To grant a petition filed pursuant to subsection 2, the court must find by clear and convincing evidence that the child cannot be safely and effectively treated in a less restrictive appropriate environment. If the court finds that the child can be safely and effectively treated in a less restrictive appropriate environment, the court must order the discharge of the child from the facility.4. A facility may unconditionally release a child who is admitted to the facility for nonemergency mental health treatment pursuant to section 38 of this act without an order of the court upon the recommendation of the psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are responsible for treating the child. At least 30 days before the anticipated discharge, the facility shall provide notice of the recommendation to all parties. Such notice must include, without limitation, an explanation of the reasons that: (a) The release is clinically appropriate; and(b) The child can be safely and effectively treated in a less restrictive appropriate environment.Added by 2023, Ch. 397,§41, eff. 10/1/2023, app. to any child in the custody of an agency which provides child welfare services who has been admitted to a facility and whose status is not that of an emergency consumer on or after 10/1/2023, regardless of the date on which he or she was admitted.