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Civil Commitment for Mentally Retarded Juvenile

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September 25, 2008, 13:10
A.Walker
Civil Commitment for Mentally Retarded Juvenile
Does anyone have experience with civil commitment proceedings against juveniles who are unfit to proceed due to mental retardation? Has anyone ever done this in a juvenile court that has maintained jurisdiction? Does anyone have a sample motion and order to commit a mentally retarded juvenile to a public facility or to order out-patient services?
September 25, 2008, 17:04
Floyd L. Jennings
First, if there is a (cooperative) parent or guardian, they can admit the child.

Second, if the basis of the commitment is MR, it is slightly more complicated as ordinarily a 593 Determination of Mental Retardation is necessary.

Third, if the basis of a Chapt. 55 proceeding is MR, then Chapt. 55 specifically references the rules of the H&S Code -- which is in Chapt. 593, look at .005 and .052 (off the top of my head, that's close for a DMR and hearing).

Fourth, two medical certificates are necessary, though one may, in this instance, be executed by a psychologist (unlike 594 proceedings for mental illness).

I have an Order to Obtain Medical Certificates, and a Order of Commitment, and a checklist which are close, but not exactly on point, as they are for 46B.103 hearings (incompetent, MR and civilly committed).

Finally, I won't be in the office tomorrow but call me or email me back channel and I'll try to respond.