FCA Article 353.4. Transfer of certain juvenile delinquents (UPDATED DECK) Flashcards
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Placement
- If after the dispo hearing, the court finds that the respondent has a mental illness or developmental disability that is likely to cause ____________ , the court may place the respondent in a facility with the Office of Children and Family Services or a local commissioner of social services and temporarily transfer them.
- The order will direct the transfer to the Commissioner of mental health or developmental disabilities who will find an appropriate ___________ facility for them,
- the director of an office of mental hygiene hospital may transfer a person in their care to a _____________ facility if necessary.
harm to himself or others….. department of mental hygiene …… residential treatment
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Placement
Persons may be retained for care and treatment for a period of up to __________ and whenever appropriate shall be transferred back to the office of children and family services or the local commissioner of social services.
one year
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Placement
- Within __________ of the respondent being transferred back to the Office of Children and Family Services or the local commissioner of social services, they must apply to the court to conduct a further dispositional hearing.
- The court may make any order of disposition, but the period of any further order of disposition must take into account the period of placement in the Department of Mental Hygiene.
30 days
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Placement
Likelihood to result in serious harm shall mean:
- (a) substantial risk of physical harm to himself or herself as manifested by threats or attempts at suicide or serious bodily harm or other conduct demonstrating he or she is dangerous to himself or herself or
- (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious bodily harm.
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Placement
Likelihood to result in serious harm shall mean:
- (a) substantial risk of physical harm to himself or herself as manifested by threats or attempts at suicide or serious bodily harm or other conduct demonstrating he or she is dangerous to himself or herself or
- (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious bodily harm.
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(a)
- If the court orders a restrictive placement for a juvenile, and the court finds that the juvenile has a mental illness or developmental disability that is likely to cause harm, the court may order the juvenile to be temporarily transferred to the custody of the Commissioner of Mental Health or the Commissioner of Developmental Disabilities for up to ___________
- The Commissioner of Mental Health or the Commissioner of Developmental Disabilities must arrange for the admission of the juvenile to an appropriate facility within _____________ of the order.
one year………. 30 days
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(b)
- Persons transferred to the office of mental health or the office for people with developmental disabilities shall be retained by such office for care and treatment for the period designated by the court.
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353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(b)
- At any time prior to the expiration of such transfer period, if the director of the facility determines that the child is no longer mentally ill or no longer in need of active treatment, the responsible office shall make application to the family court for an order transferring the child back to the office of ________________
children and family services.
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(b)
- Not more than ____________ before the expiration of such transfer period, there shall be a hearing, at which time the court may:
- (i) extend the temporary transfer of the respondent for an additional period of up to ___________ to the custody of the commissioner of mental health or the commissioner of developmental disabilities pursuant to this subdivision; or
- (ii) continue the restrictive placement of the respondent in the custody of the office of children and family services.
thirty days……….. one year
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(c)
During such temporary transfer, the respondent shall continue to be under restrictive placement with the office of _______________ .
children and family services
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(c)
- Whenever the respondent is transferred back to the office of children and family services the conditions of the placement as set forth in section 353.5 shall apply.
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353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
- Restrictive Placement
(c)
Time spent by the respondent in the custody of the commissioner of mental health or the commissioner of developmental disabilities shall be credited and applied towards the period of __________
placement.
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
3.
- No dispositional hearing at which proof of a _____________ is to be offered shall be completed until the commissioner of mental health or commissioner of developmental disabilities, as appropriate, have been notified and afforded an opportunity to be heard at such dispositional hearing.
mental disability
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
4.
No order of disposition placing the respondent in accordance with this section shall be entered except upon _______________ which shall include the testimony of _________ examining physicians
clear and convincing evidence…….. two
353.4. Transfer of certain juvenile delinquents. (BARD THROUGHOUT)
5.
- The time spent in detention pending disposition will be credited towards the initial period of placement under this section, unless the court finds that it would not be in the best interests of the respondent or the community.
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