H0672B0685A01330 BIL:AAS 05/10/19 #90 A01330
AMENDMENTS TO HOUSE BILL NO. 672
Sponsor: REPRESENTATIVE SCHLOSSBERG
Printer's No. 685
Amend Bill, page 7, by inserting between lines 1 and 2
(6) At the time of admission, the director of the admitting
facility or a designee of the director shall provide the minor
with an explanation of the nature of the mental health treatment
in which the minor may be involved together with a statement of
the minor's rights, including the right to object to treatment
by filing a petition with the court. If a minor wishes to
exercise this right, the director of the facility or a designee
of the director shall provide a form for the minor to provide
notice of the request for modification or withdrawal from
treatment. The director of the facility or a designee of the
director shall file the signed petition with the court.
(7) A minor fourteen years of age or older and under
eighteen years of age who has been confined for inpatient
treatment on the consent of a parent or legal guardian and who
objects to continued inpatient treatment may file a petition in
the court of common pleas requesting a withdrawal from or
modification of treatment. The court shall promptly appoint an
attorney for the minor and schedule a hearing to be held within
seventy-two hours following the filing of the petition, unless
continued upon the request of the attorney for the minor, by a
judge or mental health review officer who shall determine
whether or not the voluntary mental health treatment is in the
best interest of the minor. For inpatient treatment to continue
against the minor's wishes, the court must find all of the
following by clear and convincing evidence:
(i) that the minor has a diagnosed mental disorder;
(ii) that the disorder is treatable;
(iii) that the disorder can be treated in the particular
facility where the treatment is taking place; and
(iv) that the proposed inpatient treatment setting
represents the least restrictive alternative that is medically
appropriate.
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