(a) Applicability
This rule applies to the court's review under section 361.23 or 727.13 when a voluntary admission into a psychiatric residential treatment facility is sought for a child, nonminor, or nonminor dependent, as defined in rule 5.502.
(b) Notice and setting of hearing on application
(1) The social worker or probation officer must use Ex Parte Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-172) to request an order authorizing the voluntary admission into a psychiatric residential treatment facility.
(2) After receiving an ex parte application for an order, the court must set a hearing under section 361.23 or 727.13 for the next judicial day. The court must immediately notify the social worker or probation officer and the child, nonminor, or nonminor dependent's counsel of the date, time, and location of the hearing.
(3) The social worker or probation officer must orally notify the parties identified in section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3) of the date, time, and location of the hearing.
(4) The social worker or probation officer must complete and file Proof of Notice of Hearing on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-173).
(c) Conduct of hearing on application
(1) The court must consider all evidence required by section 361.23(c)(1), 361.23(e)(4), 727.13(b)(1), or 727.13(e)(4), and all evidence relevant to the court's determinations required under section 361.23(d), 361.23(e)(5), 727.13(d), or 727.13(e)(5).
(2) The court must use Order on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-174) to document its findings and orders.
(3) If the court authorizes the admission of the child, nonminor, or nonminor dependent, the court must set a hearing to review the placement in the facility no later than 60 days following the admission.
(d) Notice of hearing on review of placement
At least 10 days before the hearing, the child welfare agency or probation department must provide notice of the date, time, and location of the hearing to review the placement to all parties identified in section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3).
(e) Conduct of hearing on review of placement
(1) The court must consider all evidence required by section 361.23(f)(1)(C), 361.23(f)(2)(C), 727.13(f)(1)(C), or 727.13(f)(2)(C) and all evidence relevant to the court's determinations required under section 361.23(d), 361.23(e)(5), 727.13(d), or 727.13(e)(5).
(2) The court must use Review of Voluntary Admission of Child to Psychiatric Residential Treatment Facility (form JV-175) or Review of Voluntary Admission of Nonminor or Nonminor Dependent to Psychiatric Residential Treatment Facility (form JV-176) to document its findings and orders.
(3) If the court authorizes the continued admission of the child, nonminor, or nonminor dependent, the court must set a review hearing on the child's placement in the facility no later than 30 days from the date of the review hearing.
(4) If the court does not authorize the continued admission of the child, nonminor, or nonminor dependent, the court must set a hearing in no later than 30 days to verify that the child, nonminor, or nonminor dependent has been discharged.
(f) Placement by consent of conservator
(1) At any review hearing under section 364, 366.21, 366.22, 366.3, or 366.31, if a child or nonminor dependent has been admitted to a psychiatric residential treatment facility by the consent of a conservator, the court must review the child's case plan. The court must make findings and orders as required by section 361.23(h).
(2) The court must use Admission to Psychiatric Residential Treatment Facility by Consent of Conservator-Additional Findings and Orders (form JV-177) to document its findings and orders, and attach the form to the findings and orders document used for the review hearing.
Rule 5.619 adopted effective January 1, 2024.