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ASSEMBLY, No. 1689

STATE OF NEW JERSEY

217th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

Sponsored by:

Assemblyman RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

Establishes procedure for involuntary civil commitment for children.

CURRENT VERSION OF TEXT

As introduced.

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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is

not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning civil commitment of children, supplementing1

Title 30 of the Revised Statute, and amending P.L.1987, c.1162

and P.L.1991, c.233.3

4

BE IT ENACTED by the Senate and General Assembly of the State5

of New Jersey: 6

7

1. (New section) The Legislature finds and declares that:8

a. It is necessary that State law provide for the voluntary9

admission and involuntary commitment of children who are10

dangerous to themselves, others, or property by reason of mental11

illness and whose clinical needs require an intensity of intervention12

that can only be provided at an inpatient psychiatric unit or facility.13

b. Because involuntary commitment entails certain14

deprivations of liberty, it is necessary that State law balance the15

basic value of liberty with the need for safet y and treatment, a16

balance that is difficult to effect because of the limited ability to17

predict behavior. Therefore, it is necessary that State law provide18

clear standards and procedural safeguards that ensure that only19

those children who are dangerous to themselves, others, or property20

by reason of mental illness and the child's clinical needs require an21intensity of intervention that can only be provided at an inpatient22

psychiatric unit or facility, are involuntarily committed.23

24

2. (New section) As used in P.L. , c. (C. ) (pending25

before the Legislature as this bill):26

"Affiliated children's psychiatric service" means a psychiatric27

service for children pursuant to a written affiliation agreement with28

a children's crisis intervention service, and may include, but is not29

limited to, a general hospital unit. This service may be used on an30emergency basis for children who meet the standard for involuntary31

commitment pending availability of services from a children's crisis32

intervention service or a special psychiatric hospital.33

"Certificate of appropriateness of admission" means a form34

prepared by the division that is completed by the psychiatrist who35

certifies that a voluntary admission or parental admission is in the36

child's best interest and that the admitting facility is the least37

restrictive alternative available to provide efficacious treatment to38

the child.39

"Chief executive officer" means the person who is the chief40

administrative officer of a psychiatric facility for children.41

"Child" means a person under 18 years of age.42

"Childhood mental illness" means a significant departure from43

the thought, mood, perception, orientation patterns, or personality44

development from that which is typical of children of a similar45

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developmental stage, which impairs judgment, behavior,1

functioning, or capacity to recognize reality when also compared2

with children of a similar developmental stage. The presence of a3

seizure disorder, developmental disability, organic brain syndrome,4

physical or sensory handicap, or brief periods of intoxication caused5

by alcohol or other substances is not sufficient to meet the criteria6

for childhood mental illness, but does not exclude a child otherwise7

determined to fulfill the above criteria.8

"Children's crisis intervention service" means a regional9

community-based acute care inpatient psychiatric service10

designated by the commissioner to provide assessment, crisis11

stabilization, evaluation, and treatment to children in need of12

involuntary treatment or eligible for voluntary or parental13

admission, with an average length of stay not to exceed 30 days. A14

children's crisis intervention service shall be authorized by the15

commissioner to serve children from a specified geographical area.16

A children's crisis intervention service shall be a part of a general17

hospital and shall meet certificate of need requirements and shall be18

licensed and inspected by the Department of Health pursuant to19

P.L.1971, c.136 (C.26:2H-1 et seq.), in accordance with the20

standards developed jointly with the commissioner.21"Children's intermediate psychiatric unit" means a regional22

community-based inpatient psychiatric service designated by the23

commissioner to provide assessment, crisis stabilization, evaluation,24

and treatment to children in need of longer involuntary treatment or25

eligible for additional voluntary or parental admission, with an26

average length of stay not to exceed 60 days. A children's27

intermediate psychiatric unit shall be authorized by the28

commissioner to serve persons from a specified geographical area.29

A children's intermediate psychiatric unit may be a part of a general30hospital and shall meet certificate of need requirements and shall be31

licensed and inspected by the Department of Health pursuant to32

P.L.1971, c.136 (C.26:2H-1 et seq.), in accordance with standards33

developed jointly with the commissioner.34

"Clinical certificate" means a form prepared by the division and35

approved by the Administrative Office of the Courts that is36

completed by two physicians, one of whom shall be a psychiatrist,37

who have examined the child who is subject to commitment which38

states that the child is in need of involuntary commitment. The39

form shall also state the specific facts upon which the examining40

physician has based his conclusion and shall be in accordance with41

the Rules of Court. A clinical certificate may not be executed by a42

person who is a relative by blood or marriage to the child who is43

being evaluated.44

"Clinical director" means a person who is designated by the45

director or chief executive officer of an inpatient psychiatric unit or46

facility serving children to organize and supervise the clinical47

services provided at the unit or facility. A clinical director shall be48

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a psychiatrist; however, a person who is serving as a clinical1

director prior to the effective date of P.L. , c. (C. ) (pending2

before the Legislature as this bill) who is not a psychiatrist may3

continue in that position. The provisions of this definition shall not4

be construed to alter any civil service provisions that designate the5

qualifications of a clinical director.6

"Commissioner" means the Commissioner of Human Services.7

"County adjuster" means the person appointed pursuant to R.S.8

30:4-34.9

"County counsel" means the chief legal officer or advisor of the10

governing body of a county.11

"Court" means the Superior Court or a municipal court.12

"Custody" means the legal right and responsibility to ensure the13

provision of care and supervision.14

"Dangerous to others or property" means that by reason of15

childhood mental illness, there is substantial likelihood that the16

child will inflict serious bodily harm upon another individual or17

cause serious property damage within the reasonably foreseeable18

future. This determination shall take into account a child's19

developmental stage, history, recent behavior, and any recent act or20

threat.21"Dangerous to self" means that by reason of childhood mental22

illness, the child has threatened or attempted suicide or serious23

bodily harm, or has behaved in such a manner as to interfere with24

the child's need for nourishment, essential medical care or shelter,25

so that it is probable that substantial bodily injury, serious physical26

debilitation or death will result within the reasonably foreseeable27

future; however, no child shall be deemed to be unable to satisfy the28

child's need for nourishment, essential medical care, or shelter if the29

child is able to satisfy such needs with the supervision and30assistance of others. This determination shall take into account a31

child's developmental stage, history, recent behavior. and any recent32

act or threat.33

"Department" means the Department of Human Services.34

"Director" means the chief administrative officer of a children's35

screening service or an inpatient psychiatric unit or facility serving36

children. The director of a children's screening service, affiliated37

children's psychiatric service, or a special psychiatric hospital may38

also be a director of a similar adult service at the same facility.39

"Division" means the Division of Mental Health and Addiction40

Services in the Department of Human Services.41

"In need of involuntary commitment" means that a child is42

dangerous to self or dangerous to others or property by reason of43

childhood mental illness and the child's clinical needs require an44

intensity of intervention that can only be provided as inpatient45

psychiatric treatment.46

"Inpatient psychiatric unit or facility serving children" means an47

affiliated children's psychiatric service, a children's crisis48

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intervention service, a children's intermediate psychiatric unit, a1

psychiatric facility for children, or a special psychiatric hospital.2

"Mental health agency or facility" means a legal entity which3

receives funds from the State, county, or federal government to4

provide mental health services.5

"Mental hospital" means, for the purposes of the payment and6

maintenance provisions of Title 30 of the Revised Statutes, a7

psychiatric facility for children.8

"Parent" means a biological or adoptive parent, legal guardian, or9

any other person or agency having legal responsibility for, or legal10

custody of, a child.11

"Parental admission" means the admission of a child with12

childhood mental illness who is under 18 years of age to an13

inpatient psychiatric unit or facility for children at the request of a14

parent.15

"Physician" means a person licensed to practice medicine in the16

State.17

"Psychiatric facility" means a State psychiatric hospital listed in18

R.S.30:1-7, a county psychiatric hospital, or a psychiatric unit of a19

general hospital.20

"Psychiatric facility for children" means a State psychiatric21hospital listed in R.S.30:1-7, a county psychiatric hospital, or a22

psychiatric unit of a county hospital designated by the23

commissioner to treat children with childhood mental illness.24

"Psychiatrist" means a physician who has completed the training25

requirements of the American Board of Psychiatry and Neurology.26

"Psychologist" means a person licensed as a psychologist by the27

New Jersey Board of Psychological Examiners.28

"Special psychiatric hospital" means a public or private hospital29

licensed by the Department of Health to provide voluntary and30involuntary mental health services, including assessment, care,31

supervision, treatment, and rehabilitation services to children who32

have childhood mental illness, adults, or both children and adults.33

"Treatment team for children" means more than one children's34

mental health professional, including at least one psychiatrist and35

may include a psychologist, social worker, registered professional36

nurse, and other appropriate service providers. A treatment team37

for children provides mental health services to a child in an38

inpatient psychiatric unit or facility serving children.39

"Voluntary admission" means the admission of a child with a40

childhood mental illness who is 14 years of age or older to an41

inpatient psychiatric unit or facility serving children at the request42

of the child.43

44

3. (New section) The director of the division shall designate45

one or more mental health agencies or facilities within a specified46

geographic area to provide emergency, psychiatric stabilization,47

assessment, and other appropriate services to children in accordance48

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with rules and regulations adopted by the commissioner pursuant to1

the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et2

seq.).3

4

4. (New section) The standards and procedures in P.L. ,5

c. (C. ) (pending before the Legislature as this bill) apply to6

all children involuntarily committed, voluntarily admitted, or by7

parental admission to inpatient psychiatric units or facilities serving8

children.9

a. A child shall be involuntarily committed for the treatment of10

mental illness only upon court order. Proceedings for involuntary11

commitment may be initiated by filing an application supported by12

two clinical certificates, at least one of which shall be prepared by a13

psychiatrist stating that the child is in need of involuntary14

commitment. The originals shall be filed with the court and copies15

with the office of the county adjuster.16

b. A statement of the parent shall be submitted with the17

application for involuntary commitment.18

c. There shall be no involuntary commitment prior to entry of a19

commitment order by the court.20

d. The certificates shall state with particularity the facts upon21which the physician and psychiatrist rely in concluding that the22

child requires an intensity of intervention that can only be provided23

at an inpatient psychiatric unit or facility serving children.24

e. Irrespective of whether the standard of involuntary25

commitment is met, a child 14 years of age or older may request26

voluntary admission or a parent may request parental admission to a27

psychiatric facility for children for psychiatric treatment. The28

admitting psychiatrist shall complete a certificate of appropriateness29

of admission and the court shall review the voluntary or parental30admission within 14 days of the admission.31

32

5. (New section) a. A law enforcement officer or staff person33

of an agency or facility designated in section 3 of P.L. ,34

c. (C. ) (pending before the Legislature as this bill), or their35

respective employers, acting in good faith pursuant to P.L. ,36

c. (C. ) (pending before the Legislature as this bill), who take37

reasonable steps to take custody of, detain, or transport a child in38

psychiatric crisis who is dangerous to self, others, or property for39

the purpose of mental health assessment or treatment, is immune40

from civil and criminal liability.41

b. An emergency services or medical transport person or one of42

their respective employers, acting in good faith pursuant to the43

direction of a person designated in subsection a. of this section, who44

takes reasonable steps to take custody of, detain, or transport a child45

in psychiatric crisis who is dangerous to self, others, or property for46

the purpose of mental health assessment or treatment, is immune47

from civil or criminal liability. For the purposes of this subsection,48

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"emergency services or medical transport person" means a member1

of a first aid, ambulance or rescue squad or fire department,2

whether paid or volunteer, an auxiliary police officer, or a3

paramedic.4

5

6. (New section) An inpatient psychiatric unit or facility6

serving children shall effectuate the following purposes and7

procedures:8

a. The admitting unit or facility shall provide a psychiatric9

evaluation within 24 hours of the admission of each child.10

b. If a child is admitted to a unit or facility, the chief executive11

officer of the unit or facility shall promptly notify the county12

adjuster of the county in which the child has legal settlement that13

the child has been admitted to the unit or facility.14

c. The unit or facility is authorized to provide assessment,15

crisis intervention and treatment services, and shall provide16

discharge planning, which shall be performed in accordance with17

subsection h. of this section. The discharge planning shall begin at18

admission and be ready for implementation at the time of discharge.19

d. The unit or facility is authorized to detain children20

involuntarily committed to the unit or facility.21e. A child may be admitted to a unit or facility through parental22

or voluntary admission only after the child and parent have been23

advised orally and in writing of the discharge provisions established24

pursuant to P.L. , c. (C. ) (pending before the Legis lature as25

this bill) and of the subsequent possibility that the unit or facility26

may initiate involuntary commitment proceedings for the child.27

f. In the case of a child committed to a children's crisis28

intervention service, affiliated children's psychiatric service,29

children's intermediate psychiatric unit or special psychiatric30hospital, after the unit's or facility's treatment team conducts a31

mental and physical examination of the child, administers32

appropriate treatment to and prepares a discharge plan for the child,33

the unit or facility may transfer the child to a psychiatric facility for34

children prior to the final hearing if:35

(1) the child, the child's parent, and the child's attorney are36

given 24-hours advance notice of the pending transfer; and37

(2) the transfer is accomplished in a manner which will give the38

receiving facility adequate time to examine the child, become39

familiar with the child's behavior and condition, and prepare for a40

hearing.41

In no event shall a discharge for the purpose of a transfer to an42

inpatient psychiatric unit or facility serving children result in a child43

being involuntarily committed as an inpatient for more than 14 days44

without a court hearing.45

g. All referrals to a children's intermediate psychiatric unit46

shall be made pursuant to regulations adopted by the commissioner47

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and shall comply with paragraphs (1) and (2) of subsection f. of this1

section.2

h. Prior to discharging a child admitted or committed pursuant3

to this section, the inpatient psychiatric unit or facility serving4

children shall notify the parent or other person in loco parentis of5

the child, or if the parent or person is not known or is unresponsive6

within 48 hours of the notification, the unit or facility shall notify7

the Division of Child Protection and Permanency in the Department8

of Children and Families of the pending discharge, which shall take9

immediate action to facilitate the discharge or out-of-home10

placement of the child or take other legal action to assure the best11

interests and safety of the child.12

13

7. (New section) A child admitted to an inpatient psychiatric14

unit or facility serving children on a voluntary, parental, or15

involuntary basis has the following rights:16

a. The right to have examinations and services provided in the17

child's primary means of communication including, as soon as18

possible, the aid of an interpreter if needed because the child is of a19

limited English-speaking ability or suffers from a speech or hearing20

impairment;21 b. A parent with limited English-speaking ability has the right22

to information regarding an examination and services provided to23

the parent's child; if the parent suffers from a speech or hearing24

impairment, the parent has the right to the aid of an interpreter;25

c. The child and the child's parent have the right to a verbal26

explanation of: the reasons for admission, the availability of an27

attorney, and the rights provided in P.L. , c. (C. ) (pending28

before the Legislature as this bill);29

d. The child has the right to be represented by an attorney and,30if unrepresented or unable to afford an attorney, the right to be31

provided with an attorney paid for by the appropriate government32

agency. If the parent has selected an attorney for the child, the33

county providing counsel or the representative of the Office of the34

Public Defender shall consult with the child to be sure that the child35

is appropriately represented. An attorney representing a child has36

the right to inspect and copy the child's clinical chart. The clinical37

director shall ensure that a written statement of the rights provided38

in P.L. , c. (C. ) (pending before the Legislature as this bill)39

is provided to a child and the child's parent at the time of admission40

or as soon as possible thereafter, and also to a child and the child's41

parent upon request.42

43

8. (New section) a. A child who is involuntarily committed to44

an inpatient psychiatric unit or facility serving children shall receive45

a court hearing with respect to the issue of continuing need for46

involuntary commitment within 14 days from initial inpatient47

admission to the facility unless the child has been administratively48

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discharged from the facility pursuant to section 12 of P.L. ,1

c. (C. ) (pending before the Legislature as this bill). The2

assigned county counsel is responsible for presenting the case for3

the child's involuntary commitment to the court, unless the county4

adjuster is licensed to practice law in this State, in which case the5

county adjuster shall present the case for the child's involuntary6

commitment to the court. A child subject to involuntary7

commitment shall have counsel present at the hearing and shall not8

be permitted to appear at the hearing without counsel.9

b. At least five days prior to a court hearing, the county10

adjuster of the admitting county shall cause notice of the court11

hearing to be served upon the child, the child's attorney, the parent,12

the director, chief executive officer or other individual who has13

custody of the child, the county adjuster of the county in which the14

child has legal settlement, and any other individual specified by the15

court. The notice shall contain the date, time, and location of the16

court hearing.17

The child, the child's attorney, and the child's parent shall also18

receive a copy of the clinical certificates, the court order, and a19

statement of the child's rights at the court hearing. The clinical20

director of the unit or facility shall provide an appropriate21explanation of the documents to the child and the child's parent.22

c. A psychiatrist on the child's treatment team who has23

conducted a personal examination of the child as close to the court24

hearing date as possible, but in no event more than five calendar25

days prior to the court hearing, shall testify at the hearing to the26

clinical basis for the need for involuntary commitment. Other27

members of the child's treatment team may also testify at the28

hearing.29

d. The child's parents may attend and testify at the court30hearing.31

e. The court shall transcribe the court hearing and arrange for32

the payment of expenses related thereto in the same manner as for33

other court proceedings.34

35

9. (New section) A child subject to involuntary commitment36

has the following rights at a court hearing and any subsequent37

review court hearing:38

a. The right to be represented by counsel or, if indigent, by39

appointed counsel;40

b. The right to be present at the court hearing unless the court41

determines that because of the child's conduct at the court hearing42

the proceeding cannot reasonably continue while the child is43

present;44

c. The right to present evidence;45

d. The right to cross examine witnesses; and46

e. The right to a hearing in camera.47

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10. (New section) a. If the court finds by clear and convincing1

evidence that the child needs continued involuntary commitment, it2

shall issue an order authorizing the involuntary commitment of the3

child and shall schedule a subsequent court hearing in the event the4

child is not administratively discharged prior thereto pursuant to5

section 12 of P.L. , c. (C. ) (pending before the Legislature6

as this bill).7

b. If the court finds that the child does not need continued8

involuntary commitment, the court shall so order and the inpatient9

psychiatric unit or facility serving children shall discharge the child10

within 48 hours of the court's verbal order or by the end of the next11

working day, whichever is longer, with a discharge plan prepared12

pursuant to section 14 of P.L. , c. (C. ) (pending before the13

Legislature as this bill).14

c. If a minor cannot be discharged because the child's parent or15

other person in loco parentis is unresponsive within 48 hours of16

notification of the discharge or refuses to accept custody of the17

child upon discharge, the inpatient psychiatric facility or facility18

serving children shall immediately notify the Division of Child19

Placement and Permanency in the Department of Children and20

Families, which shall take immediate action to facilitate the21discharge or out-of-home placement of the child or take other legal22

action to assure the best interests and safety of the child.23

24

11. (New section) A child committed pursuant to a court order25

who is not administratively discharged pursuant to section 12 of26

P.L. , c. (C. ) (pending before the Legislature as this bill)27

shall be afforded periodic court review hearings of the need for28

involuntary commitment. The review hearing shall be conducted in29

the same manner provided in sections 7, 8, and 9 of P.L. ,30c. (C. to C. ) (pending before the Legislature as this bill).31

If the court determines at a review hearing that involuntary32

commitment shall be continued, it shall execute a new order. There33

shall be a maximum of 30 days between court review hearings. The34

child or parent may request an earlier hearing.35

36

12. (New section) The treatment team at an inpatient psychiatric37

unit or facility serving children shall administratively discharge a38

child from involuntary commitment status if the treatment team39

determines that the child no longer needs involuntary commitment.40

A discharge plan shall be completed within 48 hours or by the41

next working day, whichever is longer. The completed discharge42

plan shall be implemented upon discharge. The preparation of the43

discharge plan shall begin upon admission, as provided for in44

subsection c. of section 6 of P.L. , c. (C. ) (pending before45

the Legislature as this bill), and the completion of the plan shall not46

delay discharge.47

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13. (New section) a. A child 14 years of age or older1

discharged either by the court or administratively discharged from2

involuntary commitment status may request continued inpatient3

treatment through an application for voluntary admission.4

b. A parent of a child discharged either by the court or5

administratively discharged from involuntary commitment status6

may request continued inpatient treatment through an application7

for parental admission.8

9

14. (New section) a. A child discharged either by the court or10

administratively from an inpatient psychiatric unit or facility11

serving children shall have a discharge plan prepared by the12

treatment team at the facility pursuant to this section.13

The treatment team shall involve and encourage the participation14

of the parent, appropriate community caregiver, and the child in the15

formulation of the discharge plan. If a parent or child is in16

disagreement with the treatment team, the parent or child shall be17

advised of a right to counsel. In the case of a child involuntarily18

committed to a unit or facility, a community agency designated by19

the commissioner shall participate in the formulation of the plan.20

b. The unit or facility shall advise the mental health agency and21 parent of the date of the child's discharge.22

c. The provisions of this section shall not preclude discharging23

a child for treatment to an appropriate professional.24

d. The chief executive officer of a psychiatric facility for25

children shall give notice of the discharge to the county adjuster of26

the county in which the child has legal settlement.27

28

15. (New section) a. A child 14 years of age or older who has29

been voluntarily admitted into an inpatient psychiatric unit or30facility serving children shall be discharged by the treatment team31

at the child's written request. The treatment team shall document32

all requests for discharge in the child's clinical record. The33

treatment team shall notify the parent of all requests for discharge.34

b. The unit or facility shall discharge the child as soon as35

possible but in every case within 48 hours or at the end of the next36

working day from the time of the written request, whichever is37

longer; except that if the treatment team determines that the child is38

in need of involuntary commitment, the treatment team shall initiate39

court proceedings pursuant to section 4 of P.L. , c. (C. )40

(pending before the Legislature as this bill). The unit or facility41

shall formally notify the child and parent of the unit's or facility's42

intent to proceed with an involuntary commitment. The unit or43

facility shall not detain the child beyond 48 hours or the end of the44

next working day from the time the request for discharge was made,45

unless the court has issued a temporary court order.46

c. Prior to discharging a child pursuant to this section, the47

inpatient psychiatric unit or facility serving children shall notify the48

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parent or other person in loco parentis of the child, or if the parent1

or person is not known or is unresponsive within 48 hours of the2

notification, the unit or facility shall notify the Division of Child3

Protection and Permanency in the Department of Children and4

Families of the pending discharge, which shall take immediate5

action to facilitate the discharge or out-of-home placement of the6

child or take other legal action to assure the best interests and safety7

of the child.8

9

16. (New section) A child who has been parentally admitted10

into an inpatient psychiatric unit or facility serving children shall be11

discharged by the treatment team at the parent's written request.12

The treatment team shall document all requests for discharge in the13

child's clinical record.14

The unit or facility shall discharge the child as soon as possible15

but in every case within 48 hours or at the end of the next working16

day from the time of the written request, whichever is longer;17

except that if the treatment team determines that the child is in need18

of involuntary commitment, the treatment team shall initiate court19

proceedings pursuant to section 4 of P.L. , c. (C. ) (pending20

before the Legislature as this bill). The unit or facility shall not21detain the child beyond 48 hours or the end of the next working day22

from the time the request for discharge was made, unless the court23

has issued a temporary court order.24

25

17. (New section) If an inpatient psychiatric unit or facility26

serving children pursues involuntary commitment proceedings27

through a request for a temporary court order for a child 14 years of28

age or older or a child who is voluntarily or parentally admitted, the29

unit or facility shall include a statement of the parent regarding the30involuntary commitment of the parent's child in the application to31

the court. This statement shall specify the parent's agreement or32

disagreement with the involuntary commitment. In the case of33

disagreement by the parent, the parent shall include a statement or34

reasons for the parent's disagreement. If the unit or facility is35

unable to obtain a statement of the parent, it shall document its36

efforts in the application to the court.37

The unit or facility shall not detain the child beyond 48 hours or38

the end of the next working day from the time the request for39

discharge was made, unless the court has issued a temporary court40

order.41

42

18. (New section) a. If a child, who is in custody awaiting trial43

on a criminal charge or a disorderly person's offense or adjudicated44

a delinquent, is admitted or committed pursuant to P.L. ,45

c. (C. ) (pending before the Legislature as this bill), the law46

enforcement authority which transferred the child shall complete a47

uniform detainer form, as prescribed by the division, which shall48

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specify the charge, law enforcement authority, and other1

information which is clinically and administratively relevant. This2

form shall be submitted to the admitting unit or facility along with3

other relevant forms necessary for admission.4

b. The division shall prepare the form with the approval of the5

Administrative Office of the Courts.6

c. When the child is discharged administratively or by the court7

and is still under the authority of the law enforcement authority,8

that authority shall, within 48 hours of receiving notification of the9

discharge, take custody of the child.10

11

19. (New section) A child involuntarily committed to an12

inpatient psychiatric unit or facility serving children listed in13

R.S.30:1-7 may, at 18 years of age, be referred to a screening14

service for an assessment pursuant to section 5 of P.L.1987, c.11615

(C.30:4-27.5) and commitment to a psychiatric facility in16

accordance with P.L.1987, c.116 (C.30:4-27.1 et seq.) and the rules17

adopted by the commissioner.18

19

20. Section 9 of P.L.1965, c.59 (C.30:4-24.1) is amended to read20

as follows:219. Every individual who is mentally ill shall be entitled to22

fundamental civil rights and to medical care and other professional23

services in accordance with accepted standards, provided however24

that this shall not be construed to require capital construction.25

Every individual between the ages of 5 and 20 years shall be26

entitled to education and training suited to his age and attainments.27

Every patient or child under 18 years of age receiving mental28

health services, shall have the right to participate in planning for his29

own treatment to the extent that his condition permits.30(cf: P.L.1975, c. 85, s.1)31

32

21. Section 10 of P.L.1965, c.59 (C.30:4-24.2) is amended to33

read as follows:34

10. a. Subject to any other provisions of law and the35

Constitutions of New Jersey and the United States, no patient or36

child under 18 years of age receiving treatment pursuant to this37

Title shall be deprived of any civil right solely because of receipt of38

treatment under the provisions of this Title nor shall the treatment39

modify or vary any legal or civil right of any patient or child,40

including, but not limited to, the right to register for and to vote at41

elections, as applicable, or rights relating to the granting, forfeiture,42

or denial of a license, permit, privilege, or benefit pursuant to any43

law.44

b. Every patient or child under 18 years of age in treatment45

shall be entitled to all rights set forth in P.L.1965, c.59 and shall46

retain all rights not specifically denied him under this Title. A47

notice of the rights set forth in P.L.1965, c.59 shall be given to48

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every patient, child, and child's parent within five days of admission1

to treatment. The notice shall be written in simple understandable2

language. It shall be in a language the patient , child, or child's3

parent understands and if the patient, child, or child's parent cannot4

read the notice, it shall be read to the patient, child, or child's5

parent. If a patient or child is adjudicated incapacitated, the notice6

shall be given to the patient's guardian or child's parent. Receipt of7

this notice shall be acknowledged in writing, with a copy placed in8

the patient's or child's file. If the patient, child, parent, or guardian9

refuses to acknowledge receipt of the notice, the person delivering10

the notice shall state this in writing, with a copy placed in the11

patient's or child's file.12

c. No patient or child may be presumed to be incapacitated13

because of an examination or treatment for mental illness,14

regardless of whether the evaluation or treatment was voluntarily or15

involuntarily received. A patient or child who leaves a mental16

health program following evaluation or treatment for mental illness,17

regardless of whether that evaluation or treatment was voluntarily18

or involuntarily received, shall be given a written statement of the19

substance of P.L.1965, c.59.20

d. Each patient in treatment or child in an inpatient psychiatric21unit or facility serving children shall have the following rights, a list22

of which shall be prominently posted in all facilities providing these23

services and otherwise brought to the patient's or child's attention24

by additional means as the department may designate:25

(1) To be free from unnecessary or excessive medication. No26

medication shall be administered unless at the written order of a27

physician. A verbal order shall be valid for only 24 hours after28

which a written order for medication shall be completed. Notation29

of each patient's or child's medication shall be kept in the patient's30or child's treatment records. At least weekly, the attending31

physician shall review the drug regimen of each patient or child32

under the physician's care. All physician's orders or prescriptions33

shall be written with a termination date, which shall not exceed 3034

days. Medication shall not be used as punishment, for the35

convenience of staff, as a substitute for a treatment program, or in36

quantities that interfere with the patient's or child's treatment37

program. Voluntarily committed patients or children shall have the38

right to refuse medication. In an emergency in which less39

restrictive or appropriate alternatives acceptable to the patient or40

child are not available to prevent imminent danger to the patient,41

child, or others, medication may be administered over a patient's or42

child's objections, or over the written order of a physician for a43

period not to exceed 24 hours in order to lessen the danger to the44

patient or child, or others.45

(2) (a) [ Not to be subjected] With respect to a child, not to be46

subjected to electroconvulsive treatment without the express and47

informed written consent of a parent or legal guardian, and for a48

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child between 14 and 17 years of age, the express informed and1

written consent of the child; except that for a child under 14 years2

of age, as developmentally appropriate, assent of the child shall also3

be required.4

Prior to referral for electroconvulsive treatment for a child under5

14 years of age, two child psychiatrists not otherwise involved in6

the treatment of the child shall concur in the recommendation for7

the treatment. In the case of a child 13 years to 17 years of age, one8

child psychiatrist not otherwise involved in the treatment of the9

child shall concur in the recommendation for the treatment. The10

consulting child psychiatrists shall deliver their opinion only after11

interviewing the child and the child's parent or guardian, reviewing12

the clinical record, and discussing the case with the child's attending13

psychiatrist. The child's parent or legal guardian and the child shall14

have the right to consult with counsel or other interested party of15

their choice. A copy of the parent or legal guardian's consent shall16

be placed in the child's treatment record. A child may be17

considered an adult for purposes of consent in those instances in18

which a judge has made the determination that the minor has been19

emancipated.20

If the child has been adjudicated incompetent or the child's21 parent refuses to give express and informed consent, or if the child22

is under 14 years of age, a court of competent jurisdiction shall hold23

a hearing within seven working days of court notification by the24

inpatient psychiatric unit or facility serving children, as defined in25


as this bill), to determine the necessity of the procedure at which the27

client or child is physically present, represented by counsel, and28

provided the right and opportunity to be confronted with, and to29

cross-examine, all witnesses alleging the necessity of the procedure.30In the event that a patient or child cannot afford counsel, the court31

shall appoint an attorney not less than seven days before the32

hearing. An attorney so appointed shall be entitled to a reasonable33

fee to be determined by the court and paid by the county from34

which the patient or child was admitted.35

No child under the age of 18 years of age shall be subjected to36

psychosurgery or sterilization.37

Under no circumstances may a child in treatment be subjected to38

experimental research not directly related to the specific goals of39

the patient's treatment program.40

All research involving children under 18 years of age shall be41

conducted in accord with basic ethical principles underlying clinical42

research and the regulations of the federal Department of Health43

and Human Services and the Food and Drug Administration.44

(b) With respect to an adult, not to be subjected to experimental45

research, [shock ] electroconvulsive treatment, psychosurgery, or46

sterilization, without the express and informed consent of the47

patient after consultation with counsel or interested party of the48

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patient's choice. The consent shall be in writing, a copy of which1

shall be placed in the patient's treatment record. If the patient has2

been adjudicated incapacitated, a court of competent jurisdiction3

shall determine the necessity of the procedure at a hearing where4

the client is physically present, represented by counsel, and5

provided the right and opportunity to be confronted with and to6

cross-examine witnesses alleging the necessity of the procedures.7

In these proceedings, the burden of proof shall be on the party8

alleging the necessity of the procedures. If a patient cannot afford9

counsel, the court shall appoint an attorney not less than 10 days10

before the hearing. An attorney so appointed shall be entitled to a11

reasonable fee to be determined by the court and paid by the county12

from which the patient was admitted. Under no circumstances may13

a patient in treatment be subjected to experimental research not14

directly related to the specific goals of the patient's treatment15

program.16

(3) To be free from physical restraint and isolation. Except for17

emergency situations, in which a patient or child has caused18

substantial property damage or attempted to harm himself or others19

and in which less restrictive means of restraint are not feasible, a20

patient or child may be physically restrained or placed in isolation,21

only on a medical director's written order or that of the director's22

physician designee which explains the rationale for the action. The23

written order may be entered only after the medical director or24

physician designee has personally seen the patient or child, and25

evaluated the episode or situation causing the need for restraint or26

isolation. Emergency use of restraints or isolation shall be for no27

more than one hour, by which time the medical director or28

physician designee shall have been consulted and shall have entered29

an appropriate written order. The written order shall be effective30for no more than 24 hours and shall be renewed if restraint and31

isolation are continued. While in restraint or isolation, the patient32

or child must be bathed every 12 hours and checked by an attendant33

every two hours, which actions shall be noted in the patient's or34

child's treatment record along with the order for restraint or35

isolation.36

With respect to a child under 18 years of age, in a crisis37

situation, a parent shall be notified, within one hour, of treatment38

changes related to medication, restraint, or seclusion.39(4) To be free from corporal punishment.40

(5) A child under 18 years of age shall not be housed on an adult41

psychiatric ward, unless the child is 16 years of age or older and42

being housed on an adult psychiatric ward is in the clinical best43

interest of the child.44

e. Each patient or child receiving treatment pursuant to this45

Title, shall have the following rights, a list of which shall be46

prominently posted in all facilities providing these services and47

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otherwise brought to the patient's attention by additional means as1

the commissioner may designate:2

(1) To privacy and dignity.3

(2) To the least restrictive conditions necessary to achieve the4

purposes of treatment.5

(3) To wear the patient's or child's own clothes; to keep and use6

personal possessions including toilet articles; and to keep and be7

allowed to spend a reasonable sum of money for canteen expenses8

and small purchases.9

(4) To have access to individual storage space for private use.10

(5) To see visitors each day.11

(6) To have reasonable access to and use of telephones, both to12

make and receive confidential calls.13

(7) To have ready access to letter writing materials, including14

stamps, and to mail and receive unopened correspondence.15

(8) To regular physical exercise several times a week. It shall16

be the duty of the hospital to provide facilities and equipment for17

the exercise.18

(9) To be outdoors at regular and frequent intervals, in the19

absence of medical considerations.20

(10) To suitable opportunities for interaction with members of21

the opposite sex, with adequate supervision.22

(11) To practice the patient's or child's religion of choice or23

abstain from religious practices. Provisions for worship shal l be24

made available to each person on a nondiscriminatory basis.25

(12) To receive prompt and adequate medical treatment for any26

physical ailment.27

f. Rights designated under subsection d. of this section may28

not be denied under any circumstances.29

g. (1) A patient's or child's rights designated under subsection30e. of this section may be denied for good cause when the director of31

the patient's or child's treatment program feels it is imperative to do32

so; provided, however, under no circumstances shall a patient's or33

child's right to communicate with the patient's or child's attorney,34

physician, or the courts be restricted. Any denial of a patient's or35

child's rights shall take effect only after a written notice of the36

denial has been filed in the patient's or chlid's treatment record,37

including an explanation of the reason for the denial.38

(2) A denial of rights shall be effective for a period not to39exceed 30 days and shall be renewed for additional 30-day periods40

only by a written statement entered by the director of the program41

in the patient's or child's treatment record indicating the detailed42

reason for renewal of the denial.43

(3) In each instance of a denial or a renewal, the patient or child,44

the patient's or child's attorney, the patient's or child's guardian, if45

the patient or child has been adjudicated incapacitated, and the46

department shall be given written notice of the denial or renewal47

and the reason.48

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h. A patient or child subject to this Title shall be entitled to a1

writ of habeas corpus upon proper petition by the patient or child, a2

relative, or a friend to any court of competent jurisdiction in the3

county in which the patient or child is detained and shall further be4

entitled to enforce any of the rights herein stated by civil action or5

other remedies otherwise available by common law or statute.6

(cf: P.L.2013, c.103, s.79)7

8

22. Section 2 of P.L.1987, c.116 (C.30:4-27.2) is amended to9

read as follows:10

2. As used in P.L.1987, c.116 (C.30:4-27.1 et seq.) and11

P.L.2009, c.112:12

a. "Chief executive officer" means the person who is the chief13

administrative officer of an institution or psychiatric facility.14

b. "Clinical certificate" means a form prepared by the division15

and approved by the Administrative Office of the Courts, that is16

completed by the psychiatrist or other physician who has examined17

the person who is subject to commitment within three days of18

presenting the person for involuntary commitment to treatment, and19

which states that the person is in need of involuntary commitment20

to treatment. The form shall also state the specific facts upon which21

the examining physician has based his conclusion and shall be22

certified in accordance with the Rules of the Court. A clinical23

certificate may not be executed by a person who is a relative by24

blood or marriage to the person who is being screened.25

c. "Clinical director" means the person who is designated by26

the director or chief executive officer to organize and supervise the27

clinical services provided in a screening service, short-term care or28

psychiatric facility. The clinical director shall be a psychiatrist,29

however, those persons currently serving in the capacity will not be30affected by this provision. This provision shall not alter any current31

civil service laws designating the qualifications of such position.32

d. "Commissioner" means the Commissioner of Human33

Services.34

e. "County counsel" means the chief legal officer or advisor of35

the governing body of a county.36

f. "Court" means the Superior Court or a municipal court.37

g. "Custody" means the right and responsibility to ensure the38

provision of care and supervision.39h. "Dangerous to self" means that by reason of mental illness40

the person has threatened or attempted suicide or serious bodily41

harm, or has behaved in such a manner as to indicate that the person42

is unable to satisfy his need for nourishment, essential medical care43

or shelter, so that it is probable that substantial bodily injury,44

serious physical harm or death will result within the reasonably45

foreseeable future; however, no person shall be deemed to be46

unable to satisfy his need for nourishment, essential medical care or47

shelter if he is able to satisfy such needs with the supervision and48

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assistance of others who are willing and available. This1

determination shall take into account a person's history, recent2

behavior and any recent act, threat or serious psychiatric3

deterioration.4

i. "Dangerous to others or property" means that by reason of5

mental illness there is a substantial likelihood that the person will6

inflict serious bodily harm upon another person or cause serious7

property damage within the reasonably foreseeable future. This8

determination shall take into account a person's history, recent9

behavior and any recent act, threat or serious psychiatric10

deterioration.11

j. "Department" means the Department of Human Services.12

k. "Director" means the chief administrative officer of a13

screening service, short-term care facility or special psychiatric14

hospital.15

l. "Division" means the Division of Mental Health Services in16

the Department of Human Services.17

m. "In need of involuntary commitment" or "in need of18

involuntary commitment to treatment" means that an adult with19

mental illness, whose mental illness causes the person to be20

dangerous to self or dangerous to others or property and who is21

unwilling to accept appropriate treatment voluntarily after it has22

been offered, needs outpatient treatment or inpatient care at a short-23

term care or psychiatric facility or special psychiatric hospital24

because other services are not appropriate or available to meet the25

person's mental health care needs.26

n. "Institution" means any State or county facility providing27

inpatient care, supervision and treatment for persons with28

developmental disabilities; except that with respect to the29

maintenance provisions of Title 30 of the Revised Statutes,30institution also means any psychiatric facility for the treatment of31

persons with mental illness.32

o. "Mental health agency or facility" means a legal entity33

which receives funds from the State, county or federal government34

to provide mental health services.35

p. "Mental health screener" means a psychiatrist, psychologist,36

social worker, registered professional nurse or other individual37

trained to do outreach only for the purposes of psychological38

assessment who is employed by a screening service and possesses39the license, academic training or experience, as required by the40

commissioner pursuant to regulation; except that a psychiatrist and41

a State licensed clinical psychologist who meet the requirements for42

mental health screener shall not have to comply with any additional43

requirements adopted by the commissioner.44

q. "Mental hospital" means, for the purposes of the payment45

and maintenance provisions of Title 30 of the Revised Statutes, a46

psychiatric facility.47

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r. "Mental illness" means a current, substantial disturbance of1

thought, mood, perception or orientation which significantly2

impairs judgment, capacity to control behavior or capacity to3

recognize reality, but does not include simple alcohol intoxication,4

transitory reaction to drug ingestion, organic brain syndrome or5

developmental disability unless it results in the severity of6

impairment described herein. The term mental illness is not limited7

to "psychosis" or "active psychosis," but shall include all conditions8

that result in the severity of impairment described herein.9

s. "Patient" means a person [over the age of ] 18 years of age10

or older who has been admitted to, but not discharged from a short-11

term care or psychiatric facility, or who has been assigned to, but12

not discharged from an outpatient treatment provider.13

t. "Physician" means a person who is licensed to practice14

medicine in any one of the United States or its territories, or the15

District of Columbia.16

u. "Psychiatric facility" means a State psychiatric hospital17

listed in R.S.30:1-7, a county psychiatric hospital, or a psychiatric18

unit of a county hospital.19

v. "Psychiatrist" means a physician who has completed the20

training requirements of the American Board of Psychiatry and21

Neurology.22

w. "Psychiatric unit of a general hospital" means an inpatient23

unit of a general hospital that restricts its services to the care and24

treatment of persons with mental illness who are admitted on a25

voluntary basis.26

x. "Psychologist" means a person who is licensed as a27

psychologist by the New Jersey Board of Psychological Examiners.28

y. "Screening certificate" means a clinical certificate executed29

by a psychiatrist or other physician affiliated with a screening30service.31

z. "Screening service" means a public or private ambulatory32

care service designated by the commissioner, which provides33

mental health services including assessment, emergency and referral34

services to persons with mental illness in a specified geographic35

area.36

aa. "Screening outreach visit" means an evaluation provided by37

a mental health screener wherever the person may be when38

clinically relevant information indicates the person may need39involuntary commitment to treatment and is unable or unwilling to40

come to a screening service.41

bb. "Short-term care facility" means an inpatient, community42

based mental health treatment facility which provides acute care43

and assessment services to a person with mental illness whose44

mental illness causes the person to be dangerous to self or45

dangerous to others or property. A short-term care facility is so46

designated by the commissioner and is authorized by the47

commissioner to serve persons from a specified geographic area. A48

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short-term care facility may be a part of a general hospital or other1

appropriate health care facility and shall meet certificate of need2

requirements and shall be licensed and inspected by the Department3

of Health [and Senior Services] pursuant to P.L.1971, c.1364

(C.26:2H-1 et seq.) and in accordance with standards developed5

jointly with the Commissioner of Human Services.6

cc. "Special psychiatric hospital" means a public or private7

hospital licensed by the Department of Health [and Senior8

Services] to provide voluntary and involuntary mental health9

services, including assessment, care, supervision, treatment and10

rehabilitation services to persons with mental illness.11dd. "Treatment team" means one or more persons, including at12

least one psychiatrist or physician, and may include a psychologist,13

social worker, nurse and other appropriate services providers. A14

treatment team provides mental health services to a patient of a15

screening service, outpatient treatment provider, or short-term care16

or psychiatric facility.17

ee. "Voluntary admission" means that an adult with mental18

illness, whose mental illness causes the person to be dangerous to19

self or dangerous to others or property and is willing to be admitted20

to a facility voluntarily for care, needs care at a short-term care or21

psychiatric facility because other facilities or services are not22

appropriate or available to meet the person's mental health needs. A23

person may also be voluntarily admitted to a psychiatric facility if24

his mental illness presents a substantial likelihood of rapid25

deterioration in functioning in the near future, there are no26

appropriate community alternatives available and the psychiatric27

facility can admit the person and remain within its rated capacity.28

ff. "County adjuster" means the person appointed pursuant to29

R.S.30:4-34.30

gg. "Least restrictive environment" means the available setting31

and form of treatment that appropriately addresses a person's need32

for care and the need to respond to dangers to the person, others or33

property and respects, to the greatest extent practicable, the person's34

interests in freedom of movement and self-direction.35

hh. "Outpatient treatment" means clinically appropriate care36

based on proven or promising treatments directed to wellness and37

recovery, provided by a member of the patient's treatment team to a38

person not in need of inpatient treatment. Outpatient treatment may39include, but shall not be limited to, day treatment services, case40

management, residential services, outpatient counseling and41

psychotherapy, and medication treatment.42

ii. "Outpatient treatment provider" means a community-based43

provider, designated as an outpatient treatment provider pursuant to44

section 8 of P.L.1987, c.116 (C.30:4-27.8), that provides or45

coordinates the provision of outpatient treatment to persons in need46

of involuntary commitment to treatment.47

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jj. "Plan of outpatient treatment" means a plan for recovery1

from mental illness approved by a court pursuant to section 17 of2

P.L.2009, c.112 (C.30:4-27.15a) that is to be carried out in an3

outpatient setting and is prepared by an outpatient treatment4

provider for a patient who has a history of responding to treatment.5

The plan may include medication as a component of the plan;6

however, medication shall not be involuntarily administered in an7

outpatient setting.8

kk. "Reasonably foreseeable future" means a time frame that9

may be beyond the immediate or imminent, but not longer than a10

time frame as to which reasonably certain judgments about a11

person's likely behavior can be reached.12

(cf: P.L.2009, c.112, s.2)13

14

23. Section 1 of P.L.1991, c.233 (C. 30:4-27.11a) is amended to15

read as follows:16

1. The Legislature finds and declares that:17

a. It is of paramount public interest to ensure the rights of all18

child and adult patients in inpatient psychiatric facilities, including19

those persons being assessed or receiving treatment on an20

involuntary basis in screening services and short-term care facilities21

as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) or in an22

affiliated children's psychiatric service, children's crisis intervention23

service, or children's intermediate psychiatric unit, as defined in24


as this bill);26

b. The rights set forth in section 10 of P.L.1965, c.59 (C.30:4-27

24.2) apply to any [ person] child or adult who has been28

involuntarily committed to a State or county psychiatric hospital, a29

psychiatric unit of a county hospital, [or ] a special psychiatric30hospital in accordance with the laws of this State , or a psychiatric31

facility for children;32

c. Because involuntary assessment and treatment in a screening33

service, and involuntary commitment to a short-term care facility,34

affiliated children's psychiatric service, children's crisis intervention35

service, or children's intermediate psychiatric unit involve the36

deprivation of a patient's liberty, it is necessary to specify and37

guarantee by statute the rights to which that patient is entitled, in a38

manner similar to that provided for a patient who is involuntarily39committed to a State or county psychiatric hospital, a psychiatric40

unit of a county hospital, or a special psychiatric hospital, while41

recognizing the administrative, structural, and staffing features of42

screening services [and], short-term care facilities, affiliated43

children's psychiatric services, children's crisis intervention44

services, and children's intermediate psychiatric units which are45

different from State or county psychiatric hospitals, psychiatric46

units of county hospitals, or special psychiatric hospitals, as well as47

recognizing differences between the administrative, structural, and48

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staffing features of screening services [and], short-term care1

facilities, affiliated children's psychiatric services, children's crisis2intervention services, and children's intermediate psychiatric units3

by providing a separate guarantee of rights for patients in each of4

these settings; and5

d. All patients who are receiving assessment or treatment on an6

involuntary basis in screening services and short-term care7

facilities, as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2),8

and affiliated children's psychiatric services, children's crisis9

intervention services, and children's intermediate psychiatric units,10

as defined in section 2 of P.L. , c. (C. ) (pending before the11

Legislature as this bill), are entitled to receive professional12

treatment of the highest standard and, unless the patient is mentally13

incapacitated, to participate in their treatment and discharge14

planning to the fullest extent possible.15

(cf: P.L.2013, c.103, s.81)16

17

24. Section 2 of P.L.1991, c.233 (C.30:4-27.11b) is amended to18

read as follows:19

2. As used in this act:20

"Patient" means a person 18 years of age and older who is being21

involuntarily assessed or treated in a screening service or who has22

been involuntarily committed to a short-term care facility in23

accordance with the provisions of P.L.1987, c.116 (C.30:4-27.1 et24

seq.). "Patient" also means a child under 18 years of age who is25

being involuntarily assessed or treated or who has been26

involuntarily committed to an affiliated children's psychiatric27

service, children's crisis intervention service, or children's28

intermediate psychiatric unit, in accordance with the provisions of29

P.L. , c. (C. ) (pending before the Legislature as this bill).30"Screening service" means a "screening service" as defined in31

section 2 of P.L.1987, c.116 (C.30:4-27.2), and includes psychiatric32

emergency services which are funded by the Division of Mental33

Health and [Hospitals] and Addiction Services in the Department34

of Human Services and are affiliated with a screening service.35

"Short-term care facility" means a "short-term care facility" as36

defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) and also37

includes an affiliated children's psychiatric service, children's crisis38

intervention service, or a children's intermediate psychiatric unit, as39defined in section 2 of P.L. , c. (C. ) (pending before the40

Legislature as this bill).41

(cf: P.L.1991, c.233, s.2)42

43

25. Section 3 of P.L.1991, c.233 (C.30:4-27.11c) is amended to44

read as follows:45

3. a. Subject to any other provisions of law and the46

Constitutions of New Jersey and the United States, a patient shall47

not be deprived of a civil right solely by reason of receiving48

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assessment or treatment under the provisions of P.L.1987, c.1161

(C.30:4-27.1 et seq.) or P.L. , c. (C. ) (pending before the2

Legislature as this bill), nor shall the assessment or treatment3

modify or vary a legal or civil right of that patient, including, but4

not limited to, the right to register for and to vote at elections, or5

rights relating to the granting, forfeiture, or denial of a license,6

permit, privilege, or benefit pursuant to any law.7

b. A patient shall be entitled to all rights set forth in [this act]8

P.L.1991, c.233 (C.30:4-27.11a et seq.), and shall retain all rights9

not specifically denied under P.L.1987, c.116 (C.30:4-27.1 et seq.)10

[and], P.L.1989, c.170 (C.26:2H-12.7 et seq.), or P.L. ,11

c. (C. ) (pending before the Legislature as this bill).12

c. A patient shall not be presumed to be mentally incapacitated13

solely because of an examination or treatment for mental illness.14

d. A patient shall be entitled to a writ of habeas corpus upon15

proper petition by the patient, a relative, or a friend to a court of16

competent jurisdiction in the county in which the patient is detained17

and shall further be entitled to enforce, by civil action or other18

remedies otherwise available by common law or statute, any of the19

rights provided in P.L.1991, c.233 (C.30:4-27.11a et seq.).20

(cf: P.L. 2013, c.103, s.82)21

22

26. Section 4 of P.L.1991, c.233 (C.30:4-27.11d) is amended to23

read as follows:24

4. a. A patient in a short-term care facility, affiliated children's25

psychiatric service, children's crisis intervention service, or26

children's intermediate psychiatric unit, as defined in section 2 of27

P.L. , c. (C. ) (pending before the Legislature as this bill),28

shall have the following rights, which shall not be denied under any29

circumstances. A list of these rights shall be posted in a30

conspicuous place in each room designated for use by a patient and31

otherwise brought to the patient's attention pursuant to subsection d.32

of this section:33

(1) To be free from unnecessary or excessive medication.34

Medication shall not be administered unless at the written or verbal35

order of a physician. A verbal order shall be valid only for a period36

of 24 hours, after which a written order for the medication shall be37

completed. At least weekly, the attending physician shall review38

the drug regimen of each patient under the physician's care.39Medication shall be administered in accordance with generally40

accepted medical standards as part of a treatment program.41

Medication shall not be used as punishment, for the convenience of42

staff, as a substitute for a treatment program, or in quantities that43

interfere with the patient's treatment program.44

In an emergency in which less restrictive or appropriate45

alternatives acceptable to the patient are not available to prevent46

imminent danger to the patient or others, medication may be47

administered over a patient's objection at the written order of a48

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physician, which shall be valid for a period of up to 72 hours, in1

order to lessen the danger.2

A patient's right or the rights of the patient's parent, if the patient3

is a child under 18 years of age, to refuse medication when4

imminent danger to the patient or others is not present may be5

overridden by a written policy which has been adopted by the short -6

term care facility, affilicated children's psychiatric service,7

children's crisis intervention service, or children's intermediate8

psychiatric unit to protect the patient's or parent's right to exercise9

informed consent to the administration of medication. The written10

policy shall, at a minimum, provide for appropriate procedures that11

ensure notice to the patient or the parent, if applicable, of the12

decision by the attending physician or other designated physician to13

administer medication, and the right to question the physician about14

the physician's decision to administer medication and to provide15

information to the physician regarding that decision. The written16

policy shall also provide for review of the patient's or parent's, if17

applicable, decision to object to the administration of medication by18

a psychiatrist who is not directly involved in the patient's treatment.19

The psychiatrist shall not override the patient's, or parent's decision20

to object to the administration of medication unless the psychiatrist21

determines that: the patient is incapable, without medication, of22

participating in a treatment plan that will provide a realistic23

opportunity of improving the patient's condition; or, although it is24

possible to devise a treatment plan that will provide a realistic25

opportunity of improving the patient's condition without26

medication, a treatment plan which includes medication would27

probably improve the patient's condition within a significantly28

shorter time period, or there is a significant possibility that, without29

medication, the patient will harm himself or others before30improvement of the patient's condition is realized.31

An adult who has been voluntarily committed to a short-term32

care facility shall have the right to refuse medication.33

(2) [ Not] (a) If 18 years of age or older not to be subjected to34

psychosurgery or sterilization, without the express and informed,35

written consent of the patient after consultation with counsel or36

interested party of the patient's choice. A copy of the patient's37

consent shall be placed in the patient's treatment record. Under no38

circumstances may the patient be subjected to experimental research39that is not directly related to the specific goals of the patient's40

treatment program.41

If the patient has been adjudicated incapacitated, a court of42

competent jurisdiction shall hold a hearing to determine the43

necessity of the procedure. The patient shall be physically present44

at the hearing, represented by counsel, and provided the right and45

opportunity to be confronted with and to cross-examine all46

witnesses alleging the necessity of the procedure. In these47

proceedings, the burden of proof shall be on the party alleging the48

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necessity of the procedure. In the event that a patient cannot afford1

counsel, the court shall appoint an attorney not less than 10 days2

before the hearing. An attorney so appointed shall be entitled to a3

reasonable fee to be determined by the court and paid by the State.4

(3) To be free from unnecessary physical restraint and seclusion.5

Except for an emergency in which a patient has caused substantial6

property damage or has attempted to harm himself or others, or in7

which the patient's behavior threatens to harm himself or others,8


patient may be physically restrained or placed in seclusion only on10

an attending physician's written order or that of another designated11

physician which explains the rationale for that action. The written12

order may be given only after the attending physician or other13

designated physician has personally seen the patient, and evaluated14

the episode or situation that is said to require restraint or seclusion.15

In an emergency, the use of restraints or seclusion may be16

initiated by a registered professional nurse and shall be for no more17

than one hour. Within that hour, the nurse shall consult with the18

attending physician or other designated physician and, if continued19

restraint or seclusion is determined to be necessary, shall obtain an20

order from the attending physician or other designated physician to21

continue the use of restraints or seclusion. If an order is given, the22

patient shall be reevaluated by the nurse or the attending physician23

or other designated physician as to the patient's physical and24

psychiatric condition and the need for continuing the restraints or25

seclusion at least every two hours until the use of restraints or26

seclusion has ended.27

The patient's attending physician or other designated physician28

shall enter a written order approving the continued use of restraints29

or seclusion no later than 24 hours after the time that physical30restraint or seclusion began, and only after the physician has31

personally seen the patient. A written order by the physician for the32

continued use of restraints or seclusion shall be effective for no33

more than 24 hours and shall be renewed if restraint and seclusion34

are continued. A medical examination of the patient shall be35

conducted every 12 hours by a physician.36

While a patient is in restraints or seclusion, nursing personnel37

shall check the patient's hygienic, toileting, food-related, and other38

needs every 15 minutes. A notation of these checks shall be placed39in the patient's medical record along with the order for restraints or40

seclusion. A patient in restraints shall be permitted to ambulate41

every four hours, except when the patient's psychiatric condition42

would make a release from restraints dangerous to the patient or43

others, and shall be permitted to ambulate at least once every 1244

hours regardless of the patient's psychiatric condition.45

(4) To be free from any form of punishment.46

(5) [ Not] (a) With respect to a patient who is a child, not to be47

subjected to electroconvulsive treatment without the express and48

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informed written consent of a parent or legal guardian, and for a1

patient who is a child between 14 and 17 years of age, the express,2

informed, and written consent of the child; except that for a child3

under 14 years of age, as developmentally appropriate, assent of the4

child shall also be required. A child may be considered an adult for5

purposes of providing consent in those cases in which a judge has6

the made the determination that the minor is emancipated.7

Consent of a child or the child's parent or legal guardian shall be8

made in writing, a copy of which shall be placed in the patient's9

treatment record.10

Prior to referral for electroconvulsive treatment for a patient who11

is a child under 14 years of age, two child psychiatrists not12

otherwise involved in the treatment of the child shall concur in the13

recommendation for treatment. In the case of a child 13 years to 1714

years of age, one child psychiatrist not otherwise involved in the15

treatment of the child shall concur in the recommendation for16

treatment. The consulting child psychiatrists shall deliver their17

opinion only after interviewing the child and the child's parent or18

guardian, reviewing the clinical record, and discussing the case with19

the patient's attending psychiatrist. The child's parent or guardian20

and the child have the right to consult with counsel or other21interested party of their choice.22



Under no circumstances may a patient who is a child under 1825

years of age in treatment be subjected to experimental research that26

is not directly related to the specific goals of the pateint's treatment27

program.28

All research involving a patient who is a child under 18 years of29

age shall be conducted in accordance with basic ethical principles30underlying clinical research and the regulations of the federal31

Department of Health and Human Services and the Food and Drug32

Administration.33

(b) With respect to a patient who is 18 years of age or older not34

to receive electroconvulsive treatment or participate in experimental35

research without the express and informed, written consent of the36

patient. The patient shall have the right to consult with counsel or37

interested party of the patient's choice. A copy of the patient's38

consent shall be placed in the patient's treatment record.39(c) If the patient has been adjudicated incapacitated, or the40

patient's parent refuses to give express and informed conse nt, or if41

the child is under 14 years of age, a court of competent jurisdiction42

shall hold a hearing within seven working days of court notification43

by the facility to determine the necessity of the procedure. The44

patient shall be physically present at the hearing, represented by45

counsel, and provided the right and opportunity to be confronted46

with and to cross-examine all witnesses alleging the necessity of the47

procedure. In these proceedings, the burden of proof shall be on the48

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party alleging the necessity of the procedure. In the event that a1

patient cannot afford counsel, the court shall appoint an attorney not2

less than [10] seven days before the hearing. An attorney so3

appointed shall be entitled to a reasonable fee to be determined by4

the court and paid by the [State] county from which the patient was5

admitted.6

(6) Not to be housed on an adult psychiatric ward if the patient7

is a child under 18 years of age, unless the child is 16 years of age8

or older and being housed on an adult psychiatric ward is in the9

clinical best interest of the child.10

(7) With respect to a child under 18 years of age, in a crisis11

situation, a parent shall be notified within one hour of treatment12

changes related to medication, restraint, or seclusion.13

b. A patient receiving treatment in a short -term care facility14

shall have the following rights, which may only be denied pursuant15

to subsection c. of this section. A list of these rights shall be posted16

in a conspicuous place in each room designated for use by a patient17

and otherwise brought to the patient's attention pursuant to18

subsection d. of this section:19

(1) To privacy and dignity.20

(2) To the least restrictive conditions necessary to achieve the21


(3) To wear the patient's own clothes; to have access to and use23

nondangerous personal possessions including toilet articles; and to24

have access to and be allowed to spend a reasonable sum of money25

for expenses and small purchases.26

(4) To have access to individual storage space for private use.27

(5) To see visitors each day.28



(7) To have ready access to letter writing materials, including31

stamps, and to mail and receive unopened correspondence.32

(8) To regular physical exercise or organized physical activities33

several times a week.34

(9) To be outdoors at regular and frequent intervals, in the35

absence of medical considerations, commencing two weeks after36

admission, except where the physical location of the short-term care37

facility, affiliated children's psychiatric service, children's crisis38

intervention service, or children's intermediate psychiatric unit39 precludes outdoor exercise or would render the supervision of40

outdoor exercise too onerous for the facility.41

(10) To suitable opportunities for interaction with members of42

the opposite sex, with adequate supervision.43

(11) To practice the patient's religion of choice or abstain from44

religious practices. Provisions for worship shall be made available45

to each patient on a nondiscriminatory basis.46

(12) To receive prompt and adequate medical treatment for any47

physical ailment.48

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(13) To be provided with a reasonable explanation, in terms and1

language appropriate to the patient's condition and ability to2

understand, of:3

(a) the patient's general mental and physical condition;4

(b) the objectives of the patient's treatment;5

(c) the nature and significant possible adverse effects of6

recommended treatments;7

(d) the reasons why a particular treatment is considered8

appropriate; and9

(e) the reasons for the denial of any of the patient's rights10

pursuant to subsection c. of this section.11

c. (1) A patient's rights designated under subsection b. of this12

section may be denied only for good cause when the attending13

physician feels it is imperative to deny any of these rights; except14

that, under no circumstances shall a patient's right to communicate15

with the patient's attorney, physician, parent, if the patient is a child16

under 18 years of age, or the courts be restricted. The denial of a17

patient's rights shall take effect only after a copy of the written18

notice of the denial has been filed in the patient's treatment record19

and shall include an explanation of the reason for the denial.20

(2) A denial of rights shall be effective for a period not to21

exceed 10 days and shall be renewed for additional 10-day periods22

only by a written statement entered by the attending physician or23

other designated physician in the patient's treatment record24

indicating the detailed reason for the renewal of the denial.25

(3) In each instance of a denial or a renewal, the patient, the26

patient's attorney, the patient's parent if the patient is under 18 years27

of age, and the patient's guardian, if the patient has been adjudicated28

incapacitated, shall be given written notice of the denial or renewal29

and the reason.30d. A notice of the rights set forth in this section shall be given31

to a patient and a patient's parent if the patient is a child under 1832

years of age in a short-term care facility, affiliated children's33

psychiatric service, children's crisis intervention service, or34

children's intermediate psychiatry unit upon admission. The notice35

shall be written in simple understandable language. It shall be in a36

language the patient or if the patient is a child under 18 years of37

age, a language the child's parent understands and if the patient38

cannot read the notice, it shall be read to the patient or parent, as39applicable. If a patient is adjudicated incapacitated, the notice shall40

be given to the patient's guardian. Receipt of this notice shall be41

acknowledged in writing with a copy placed in the patient's file. If42

the patient, parent, or guardian refuses to acknowledge receipt of43

the notice, the person delivering the notice shall state this in44

writing, with a copy placed in the patient's file.45

(cf: P.L.2013, c.103, s.83)46

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27. Section 5 of P.L.1991, c.233 (C.30:4-27.11e) is amended to1

read as follows:2

5. a. A patient in a screening service shall have the following3

rights, which shall apply during the first 24 hours of involuntary4

assessment and care provided at a screening service and which shall5

not be denied under any circumstances. A list of these rights shall6

be posted in a conspicuous place in the screening service and7

otherwise brought to the patient's attention pursuant to subsection d.8

of this section:9

(1) To be free from unnecessary or excessive medication.10

Medication shall not be administered unless at the order of a11

physician. Medication shall be administered in accordance with12

generally accepted medical standards as part of a treatment13

program. A verbal order shall be valid for only 24 hours, after14

which a written order for medication shall be completed. Notation15

of each patient's medication shall be kept in the patient treatment16

record. Medication shall not be used as punishment, for the17

convenience of staff, as a substitute for a treatment program, or in18

quantities that interfere with the patient's treatment program.19

In an emergency in which less restrictive or appropriate20

alternatives acceptable to the patient are not available to prevent21

imminent danger to the patient or others, medication may be22

administered over a patient's objection at the written order of a23

physician, which shall be valid for a period of up to 24 hours, in24

order to lessen the danger.25

(2) [ Not to be subjected] With respect to a patient who is a26

child, not to be subjected to electroconvulsive treatment without the27

express and informed written consent of a parent or legal guardian,28

and for a patient who is a child between 14 and 17 years of age, the29

express, informed and written consent of the child; except that for a30child under 14 years of age, as developmentally appropriate, assent31

of the child shall also be required. A child may be considered an32

adult for purposes of consent in those instances in which a judge33

has made the determination that the minor has been e mancipated.34

Prior to referral for electroconvulsive treatment for a patient who35

is a child under 14 years of age, two child psychiatrists not36

otherwise involved in the treatment of the child shall concur in the37

recommendation for treatment. In the case of a child 13 years to 1738

years of age, one child psychiatrist not otherwise involved in the39treatment of the child shall concur in the recommendation for40

treatment. The consulting child psychiatrists shall deliver their41

opinion only after interviewing the child and the child's parent or42

guardian, reviewing the clinical record, and discussing the case with43

the child's attending psychiatrist. The child's parent or guardian and44

the child have the right to consult with counsel or other interested45

party of their choice. A copy of the parent or legal guardian's46

consent shall be placed in the child's treatment record.47

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If the child has been adjudicated incompetent, or the child's1

parent refuses to give express and informed consent, or if the child2

is under 14 years of age, a court of competent jurisdiction shall hold3

a hearing within seven working days of court notification by the4

screening service to determine the necessity of the procedure at5

which the client or child is physically present, represented by6

counsel, and provided the right and opportunity to be confronted7

with, and to cross-examine, all witnesses alleging the necessity of8

the procedure. In the event that a patient or child cannot afford9

counsel, the court shall appoint an attorney not less than seven days10

before the hearing. An attorney so appointed shall be entitlted to a11

reasonable fee to be determined by the court and paid by the county12

from which the child was admitted.13



Under no circumstances may a patient in treatment be subjected16

to experimental research that is not directly related to the specific17

goals of the patient's treatment program.18

All research involving a child under 18 years of age shall be19

conducted in accord with basic ethical principles underlying clinical20

research and the regulations of the federal Department of Health21

and Human Services and the Food and Drug Administration.22

(b) With respect to a patient who is 18 years of age or older, not23

to be subjected to experimental research, psychosurgery, or24

sterilization, without the express and informed, written consent of25

the patient. The patient shall have the right to consult with counsel26

or interested party of the patient's choice. A copy of the patient's27

consent shall be placed in the patient's treatment record.28

(3) To be free from unnecessary physical restraint and seclusion.29

Except for an emergency, in which a patient has caused substantial30 property damage or has attempted to harm himself or others, or in31

which the patient's behavior threatens to harm himself or others,32


patient may be physically restrained or placed in seclusion only on34

an attending physician's written order or that of another designated35

physician which explains the rationale for that action. The written36

order may be given only after the attending physician or other37

designated physician has personally seen the patient, and evaluated38

the episode or situation that is said to require restraint or seclusion.39In an emergency, the use of restraints or seclusion may be40

initiated by a registered professional nurse and shall be for no more41

than one hour. Within that hour, the nurse shall consult with the42

attending physician or other designated physician and, if continued43

restraint or seclusion is determined to be necessary, shall obtain an44

order from the physician to continue the use of restraints or45

seclusion. If an order is given, the patient shall be reevaluated by46

the nurse or the attending physician or other designated physician as47

to the patient's physical and psychiatric condition and the need for48

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continuing the restraints or seclusion at least every two hours until1

the use of restraints or seclusion has ended.2

The patient's attending physician or other designated physician3

shall enter a written order approving the continued use of restraints4

or seclusion no later than 12 hours after the time that physical5

restraint or seclusion began, after the physician has personally seen6

the patient. A written order by the physician for the continued use7

of restraints or seclusion shall be effective for no more than 248

hours and shall be renewed if restraint and seclusion are continued.9

A medical examination of the patient shall be conducted every 1210

hours by a physician.11

While a patient is in restraints or seclusion, nursing personnel12

shall check the patient's hygienic, toileting, food-related, and other13

needs every 15 minutes. A notation of these checks shall be placed14

in the patient's medical record along with the order for restraints or15

seclusion. A patient in restraints shall be permitted to ambulate16

every four hours, except when the patient's psychiatric condition17

would make a release from restraints dangerous to the patient or18

others, and shall be permitted to ambulate at least once every 1219

hours regardless of the patient's psychiatric condition.20

(4) To be free from any form of punishment.21

(5) With respect to a child under 18 years of age, in a crisis22

situation, a parent shall be notified within one hour of treatment23

changes related to medication, restraint, or seclusion.24

b. A patient receiving treatment in a screening service shall25

have the following rights, which may only be denied pursuant to26

subsection c. of this section. A list of these rights shall be posted in27

a conspicuous place in the screening service and otherwise brought28

to the patient's attention pursuant to subsection d. of this section:29

(1) To privacy and dignity.30(2) To the least restrictive conditions necessary to achieve the31


(3) To wear the patient's own clothes, except as necessary for33

medical examination.34

(4) To see visitors.35



(6) To practice the patient's religion of choice or abstain from38

religious practices.39(7) To receive prompt and adequate medical treatment for any40

physical ailment.41

(8) To be provided with a reasonable explanation, in terms and42

language appropriate to the patient's condition and ability to43

understand, of:44

(a) the patient's general mental condition, and physical45

condition if the screening service has conducted a physical46

examination of the patient;47

(b) the objectives of the patient's treatment;48

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(c) the nature and significant possible adverse effects of1

recommended treatments;2

(d) the reasons why a particular treatment is considered3

appropriate; and4

(e) the reasons for the denial of any of the patient's rights5

pursuant to subsection c. of this section.6

(9) To have a discharge plan prepared and to participate in the7

preparation of that plan.8

c. (1) A patient's rights designated under subsection b. of this9

section may be denied only for good cause when the attending10

physician feels it is imperative to deny any of these rights; except11

that, under no circumstances shall a patient's right to communicate12

with the patient's attorney, physician, parent, if the patient is a child13

under 18 years of age, or the courts be restricted. The denial of a14

patient's rights shall take effect only after a copy of the written15

notice of the denial has been filed in the patient's treatment record16

and shall include an explanation of the reason for the denial.17

(2) A denial of rights shall be effective only for the period of18

time that the patient is in the screening service.19

d. A notice of the rights set forth in this section shall be given20

to a patient as soon as possible upon admission to the screening21

service; except that if the patient is a child under 18 years of age,22

the notice shall be given to a parent upon the child's admission to23

the screening service following an evaluation. The notice shall be24

written in simple understandable language. It shall be in a language25

the patient and parent, as applicable, understands and if the patient26

cannot read the notice, it shall be read to the patient or parent, as27

applicable. If the patient is adjudicated incapacitated, the notice28

shall be given to the patient's guardian. Receipt of this notice shall29

be acknowledged in writing with a copy placed in the patient's file.30If the patient, parent, or guardian refuses to acknowledge receipt of31

the notice, the person delivering the notice shall state this in writing32

with a copy placed in the patient's file.33

(cf: P.L.2013, c.103, s.84)34

35

28. R.S.30:9-3 is amended to read as follows:36

30:9-3. The governing body of the county may adopt bylaws,37

rules, and regulations for the management and government of a38

county psychiatric facility; the admission, support and discharge of39 patients, which may include adults and children; the appointment of40

a superintendent and other employees and officers. But, the rules41

and regulations governing the admission and discharge of adult42

patients shall be in compliance with the provisions of P.L.1987, c.43

116 and the rules and regulations governing the admission and44

discharge of children under 18 years of age shall be in compliance45

with the provisions of P.L. , c. (C. ) (pending before the46

Legislature as this bill), and shall be subject to the written approval47

of both the commissioner and the governing body of the county.48

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The governing body shall also fix the compensation of officers1

and employees and may at any time by vote of two-thirds of its2

members remove an officer or employee. The expense of erecting,3

establishing, furnishing, maintaining and operating the psychiatric4

facility shall be paid by the county treasurer from funds raised by5

taxation as other county expenses are paid.6

The governing body may also select an appropriate name by7

which the psychiatric facility shall thereafter be known.8

(cf: P.L. 1987, c. 116, s. 27)9

10

29. (New section) a. The Commissioner of Human Services11

shall, in accordance with the "Administrative Procedure Act,"12

P.L.1968, c.410 (C.52:14B-1 et seq.) adopt any rules and13

regulations as he commissioner deems necessary to carry out the14

provisions of this act.15

b. The Supreme Court of New Jersey may adopt Rules of Court16

appropriate or necessary to effectuate the purposes of this act.17

18

30. This act shall take effect on the first day of the fourth month19

next following the date of enactment, except that the Commissioner20

of Human Services or the Supreme Court of New Jersey may take21any anticipatory administrative action in advance as shall be22

necessary for the implementation of this act.23

24

25

STATEMENT26

27

This bill adds to the State statutes the civil commitment of a28

child, defined in the bill as a person who is under 18 years of age.29

Current statutory law, P.L.1987, c.116 (C.30:4-27.1 et seq.),30governs civil commitment of adults and uses the term "patient"31

which, under the bill, refers to a person 18 years of age or older.32

Civil commitment for children is currently governed by the Rules of33

Court adopted by the New Jersey Supreme Court.34

The bill covers involuntary commitment to treatment, as well as35

parental admission and voluntary admission. A child 14 years of36

age or older could request voluntary admission or a parent may37

request parental admission to an "inpatient psychiatric unit or38

facility serving children." This term is defined in the bill as an39

affiliated children's psychiatric service, a children's crisis40

intervention service, a children's intermediate psychiatric unit, a41

psychiatric facility for children, and a special psychiatric hospital,42

all of which are also defined in the bill.43

The particular admitting inpatient psychiatric unit or facility44

serving children would provide a child with a psychiatric evaluation45

within 24 hours of admission, and is authorized to provide46

assessment, crisis intervention and treatment services, as well as47

discharge planning, which is to begin at admission and be ready for48

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implementation at the time of discharge. The bill specifies that1

prior to discharging a child, the parent or other person in loco2

parentis of the child is to be notified. If, however, the person is not3

known or is unresponsive within 48 hours of notification, the4

Division of Child Protection and Permanency in the Department of5

Children and Families is to be notified and is required to take6

immediate action to facilitate the discharge or out-of-home7

placement of the child, or take other action to assure the best8

interests and safety of the child.9

After the treatment team has conducted an examination of the10

child, administered treatment to, and prepared a discharge plan for11

the child, the unit or facility may transfer the child, prior to a court12

hearing, to a psychiatric facility for children (defined in the bill as a13

State psychiatric facility listed in R.S.3:1-7, a county psychiatric14

hospital, or a psychiatry unit of a county hospital designated by the15

Commissioner of Human Services to treat children with childhood16

mental illness) if: 1) the child, parent, and child's attorney are17

given 24-hours' notice of the pending transfer; and 2) the transfer18

gives the receiving facility time to examine the child, familiarize19

itself with the child's condition, and prepare for a hearing. The bill20

specifies that in no event shall a discharge for the purpose of such a21transfer result in a child being involuntarily committed as an22

inpatient for more than 14 days without a court hearing.23

The bill provides specific rights to a child admitted to an24

inpatient psychiatric unit or facility serving children on a voluntary,25

parental, or involuntary basis, and also provides procedures for a26

court hearing, notification of a hearing, and the documents to be27

provided to the child, attorney, and parent. A psychiatrist on the28

child's treatment team, who has examined the child as close to the29

hearing date as possible, but not more than five calendar days prior30to the court hearing, is to testify about the need for involuntary31

commitment; other members of treatment team may also testify, as32

well as the parents. If the court finds by clear and convincing33

evidence that the child needs continued involuntary commitment it34

would issue an order authorizing the commitment and schedule a35

subsequent hearing. Periodic court hearings to review the child's36

need for involuntary commitment are to be held, with a maximum37

of 30 days between these hearings; however, a child or parent may38

request an earlier hearing.39

A child 14 years of age or older who is discharged from40

involuntary commitment status may request continued inpatient41

treatment through an application for voluntary admission.42

Similarly, a parent may request the continued inpatient treatment43

through an application for parental admission.44

A child 14 years of age or older who has been voluntarily45

admitted is to be discharged at the child's written request; and a46

child who has been parentally admitted is to be discharged at the47

parent's written request. If, however, the inpatient psychiatric unit48

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A1689 DANCER

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or facility serving children pursues involuntary commitment1

proceedings through a request for a temporary court order for a2

child 14 years of age or older or a child who is voluntarily or3

parentally admitted, it shall include a statement of the parent4

regarding the child, which shall specify the parent's agreement or5

disagreement with the involuntary commitment. The child is not be6

detained beyond 48 hours or the end of the next working day from7

the time the request or discharge was made, unless the court has8

issued a temporary order.9

The bill also amends existing law to include children in10

provisions of law concerning the planning for treatment and rights11

of patients under sections 9 and 10 of P.L.1965, c.59 (C.30:4-24.112

and C.30:4-24.2), as well as amendments to the protection of patient13

rights and consent to treatment under P.L.1991, c.233 (C.30:4-14

27.11a et seq.).15

Documents

A1689_I1.pdf