0001|                           SENATE BILL 243
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          MICHAEL S. SANCHEZ
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO CHILDREN; AMENDING CERTAIN SECTIONS OF THE NMSA
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0012|     1978 TO ELIMINATE THE ROLE OF RESOURCE CONSULTANTS IN THE
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0013|     CHILDREN'S MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ACT;
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0014|     REPEALING A SECTION OF THE NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 32A-6-2 NMSA 1978 (being Laws 1995,
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0018|     Chapter 207, Section 2) is amended to read:
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0019|          "32A-6-2.  DEFINITIONS.--As used in the Children's Mental
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0020|     Health and Developmental Disabilities Act: 
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0021|               A.  "aversive stimuli" means anything that, because
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0022|     it is believed to be unreasonably unpleasant, uncomfortable or
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0023|     distasteful to the child, is administered or done to the child
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0024|     for the purpose of reducing the frequency of a behavior, but
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0025|     does not include verbal therapies, physical restrictions to
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<center>- 1 -</center>

0001|     prevent imminent harm to self or others or psychotropic
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0002|     medications that are not used for purposes of punishment;
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0003|               B.  "clinician" means a physician, licensed
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0004|     psychologist, licensed independent social worker or licensed
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0005|     professional clinical counselor;
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0006|               C.  "consistent with the least drastic means
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0007|     principle" means that the habilitation or treatment and the
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0008|     conditions of habilitation or treatment for the child,
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0009|     separately and in combination: 
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0010|                    (1)  are no more harsh, hazardous or intrusive
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0011|     than necessary to achieve acceptable treatment objectives for
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0012|     the child;
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0013|                    (2)  involve no restrictions on physical
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0014|     movement and no requirement for residential care, except as
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0015|     reasonably necessary for the administration of treatment or
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0016|     for the protection of the child or others from physical
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0017|     injury; and 
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0018|                    (3)  are conducted at the suitable available
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0019|     facility closest to the child's place of residence; 
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0020|               D.  "convulsive treatment" means any form of mental
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0021|     health treatment that depends upon creation of a convulsion by
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0022|     any means, including electroconvulsive treatment and insulin
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0023|     coma treatment; 
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0024|               E.  "developmental disability" means a severe
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0025|     chronic disability that: 
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<center>- 2 -</center>

0001|                    (1)  is attributable to a mental or physical
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0002|     impairment or a combination of mental or physical impairments;
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0003|                    (2)  is manifested before a person reaches
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0004|     twenty-two years of age; 
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0005|                    (3)  is expected to continue indefinitely; 
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0006|                    (4)  results in substantial functional
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0007|     limitations in three or more of the following areas of major
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0008|     life activities: 
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0009|                         (a)  self-care; 
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0010|                         (b)  receptive and expressive language; 
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0011|                         (c)  learning; 
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0012|                         (d)  mobility; 
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0013|                         (e)  self-direction;
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0014|                         (f)  capacity for independent living; or
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0015|                         (g)  economic self-sufficiency; and 
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0016|                    (5)  reflects a person's need for a
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0017|     combination and sequence of special, interdisciplinary or
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0018|     generic treatments or other supports and services that are of
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0019|     lifelong or extended duration and that are individually
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0020|     planned or coordinated; 
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0021|               F.  "evaluation facility" means a community mental
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0022|     health or developmental disability program, a medical facility
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0023|     having psychiatric or developmental disability services
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0024|     available or, if none of the foregoing is reasonably available
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0025|     or appropriate, the office of a licensed physician or a
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<center>- 3 -</center>

0001|     licensed psychologist, any of which shall be capable of
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0002|     performing a mental status examination adequate to determine
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0003|     the need for involuntary treatment; 
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0004|               G.  "experimental treatment" means any mental
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0005|     health or developmental disabilities treatment that presents
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0006|     significant risk of physical harm, but does not include
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0007|     accepted treatment used in the competent practice of medicine
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0008|     and psychology and supported by scientifically acceptable
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0009|     studies; 
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0010|               H.  "grave passive neglect" means failure to
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0011|     provide for basic personal or medical needs or for one's own
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0012|     safety to such an extent that it is more likely than not that
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0013|     serious bodily harm will result in the near future; 
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0014|               I.  "habilitation" means the process by which
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0015|     professional persons and their staff assist the
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0016|     developmentally disabled child in acquiring and maintaining
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0017|     those skills and behaviors that enable the child to cope more
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0018|     effectively with the demands of his own person and of his
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0019|     environment and to raise the level of his physical, mental and
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0020|     social efficiency.  "Habilitation" includes programs of
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0021|     formal, structured education and treatment; 
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0022|               J.  "likelihood of serious harm to oneself" means
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0023|     that it is more likely than not that in the near future the
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0024|     child will attempt to commit suicide or will cause serious
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0025|     bodily harm to himself by violent or other self-destructive
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<center>- 4 -</center>

0001|     means, including grave passive neglect; 
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0002|               K.  "likelihood of serious harm to others" means
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0003|     that it is more likely than not that in the near future the
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0004|     child will inflict serious, unjustified bodily harm on another
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0005|     person or commit a criminal sexual offense, as evidenced by
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0006|     behavior causing, attempting or threatening such harm, which
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0007|     behavior gives rise to a reasonable fear of such harm from the
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0008|     child; 
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0009|               L.  "mental disorder" means a substantial disorder
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0010|     of the child's emotional processes, thought or cognition that
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0011|     grossly impairs judgment, behavior or capacity to recognize
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0012|     reality, but does not mean developmental disability; 
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0013|               M.  "mental health or developmental disabilities
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0014|     professional" means a physician or other professional who, by
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0015|     training or experience, is qualified to work with individuals
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0016|     with mental disorders or developmental disabilities; 
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0017|               N.  "physician" or "licensed psychologist", when
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0018|     used for the purpose of hospital admittance or discharge,
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0019|     means a physician or licensed psychologist who has been
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0020|     granted admitting privileges at a hospital licensed by the
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0021|     department of health, if such privileges are required; 
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0022|               O.  "psychosurgery" means those operations
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0023|     currently referred to as lobotomy, psychiatric surgery and
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0024|     behavioral surgery and all other forms of brain surgery if the
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0025|     surgery is performed for the following purposes: 
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<center>- 5 -</center>

0001|                    (1)  modification or control of thoughts,
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0002|     feelings, actions or behavior rather than the treatment of a
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0003|     known and diagnosed physical disease of the brain; 
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0004|                    (2)  treatment of abnormal brain function or
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0005|     normal brain tissue in order to control thoughts, feelings,
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0006|     actions or behavior; or 
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0007|                    (3)  treatment of abnormal brain function or
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0008|     abnormal brain tissue in order to modify thoughts, feelings,
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0009|     actions or behavior when the abnormality is not an established
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0010|     cause for those thoughts, feelings, actions or behavior.  
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0011|          "Psychosurgery" does not include prefrontal sonic
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0012|     treatment in which there is no destruction of brain tissue; 
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0013|               P. "residential treatment or habilitation program"
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0014|     means diagnosis, evaluation, care, treatment or habilitation
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0015|     rendered inside or on the premises of a mental health or
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0016|     developmental disabilities facility, hospital, clinic,
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0017|     institution, supervisory residence or nursing home when the
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0018|     individual resides on the premises and where one or more of
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0019|     the following measures is available for use:
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0020|                    (1)  a mechanical device to restrain or
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0021|     restrict the child's movement;
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0022|                    (2)  a secure seclusion area from which the
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0023|     child is unable to exit voluntarily;
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0024|                    (3)  a facility or program designed for the
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0025|     purpose of restricting the child's ability to exit
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<center>- 6 -</center>

0001|     voluntarily; or
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0002|                    (4)  the involuntary emergency administration
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0003|     of psychotropic medication; 
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0004|               <s>[Q.  "resource consultant" means a person not
</s>    |
<s></s>0005| <s>    affiliated with any residential treatment or habilitation
</s>    |
<s></s>0006| <s>    program who, by training or experience, has knowledge of the
</s>    |
<s></s>0007| <s>    continuum of children's mental health treatment and
</s>    |
<s></s>0008| <s>    developmental disabilities services and who has contracted
</s>    |
<s></s>0009| <s>    with the department for the purpose of assisting families in
</s>    |
<s></s>0010| <s>    finding and accessing the least restrictive treatments and
</s>    |
<s></s>0011| <s>    services for children;]</s> and
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0012|               <s>[R.]</s> <u>Q.</u>  "treatment" means any effort to
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0013|     accomplish a significant change in the mental or emotional
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0014|     condition or behavior of the child." 
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0015|          Section 2.  Section 32A-6-11.1 NMSA 1978 (being Laws
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0016|     1995, Chapter 207, Section 13) is amended to read:
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0017|          "32A-6-11.1.  CONSENT TO PLACEMENT IN A RESIDENTIAL
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0018|     TREATMENT OR HABILITATION PROGRAM--CHILDREN YOUNGER THAN
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0019|     FOURTEEN YEARS OF AGE.--
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0020|               A.  A child younger than fourteen years of age
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0021|     shall not receive residential treatment for mental disorders
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0022|     or habilitation for developmental disabilities, except as
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0023|     provided in this section or Section <s>[15 of the Children's
</s>    |
<s></s>0024| <s>    Mental Health and Developmental Disabilities Act]</s> <u>32A-6-13
</u>    |
<u></u>0025| <u>    NMSA 1978</u>. 
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<center>- 7 -</center>

0001|               B.  A child younger than fourteen years of age may
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0002|     be admitted to a residential treatment or habilitation program
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0003|     with the informed consent of the child's parent, guardian or
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0004|     legal custodian for a period not to exceed sixty days, subject
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0005|     to the requirements of this section. 
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0006|               C.  In order to admit a child younger than fourteen
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0007|     years of age to a residential treatment or habilitation
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0008|     program, the child's parent, guardian or legal custodian shall
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0009|     knowingly and voluntarily execute a consent to admission
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0010|     document prior to the child's admission.  The consent to
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0011|     admission document shall be in a form designated by the
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0012|     supreme court.  The consent to admission document shall
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0013|     include a clear statement of the parent's, guardian's or legal
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0014|     custodian's right to voluntarily consent to or refuse the
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0015|     child's admission; the parent's, guardian's or legal
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0016|     custodian's right to request the child's immediate discharge
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0017|     from the residential treatment program at any time; and the
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0018|     parent's, guardian's or legal custodian's rights when the
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0019|     parent, guardian or legal custodian requests the child's
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0020|     discharge and the child's physician, licensed psychologist or
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0021|     the director of the residential treatment facility determines
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0022|     that the child needs continued treatment.  The facility shall
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0023|     ensure that each statement is clearly explained in the child's
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0024|     and parent's, guardian's or legal custodian's primary
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0025|     language, if that is their language of preference, and in a
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<center>- 8 -</center>

0001|     manner appropriate to the child's and parent's, guardian's or
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0002|     legal custodian's developmental abilities.  Each statement
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0003|     shall be initialed by the child's parent, guardian or legal
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0004|     custodian. 
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0005|               D.  The parent's, guardian's or legal custodian's
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0006|     executed consent to admission document shall be filed with the
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0007|     child's hospital records within twenty-four hours of the time
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0008|     of admission. 
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0009|               <s>[E.  Upon the filing of the parent's, guardian's
</s>    |
<s></s>0010| <s>    or legal custodian's consent to admission document in the
</s>    |
<s></s>0011| <s>    child's hospital records, the director of the residential
</s>    |
<s></s>0012| <s>    treatment or habilitation program or the director's designee
</s>    |
<s></s>0013| <s>    shall, on the next business day following the child's
</s>    |
<s></s>0014| <s>    admission, notify the resource consultant of the admission and
</s>    |
<s></s>0015| <s>    provide the resource consultant with the child's name, date of
</s>    |
<s></s>0016| <s>    birth and the date and place of admission.  The resource
</s>    |
<s></s>0017| <s>    consultant shall make reasonable efforts to contact the
</s>    |
<s></s>0018| <s>    child's parent, guardian or legal custodian within three days
</s>    |
<s></s>0019| <s>    of being notified of the child's admission.
</s>    |
<s></s>0020| <s>              F.]</s> <u>E.</u>  Upon the filing of the parent's,
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0021|     guardian's or legal custodian's consent to admission document
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0022|     in the child's hospital records, the director of the
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0023|     residential treatment or habilitation program or the
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0024|     director's designee shall, on the next business day following
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0025|     the child's admission, notify the district court or the
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<center>- 9 -</center>

0001|     special commissioner regarding the admission and provide the
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0002|     child's name, date of birth and the date and place of
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0003|     admission.  The court or special commissioner shall, upon
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0004|     receipt of notice regarding a child's admission to a
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0005|     residential treatment or habilitation program, establish a
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0006|     sequestered court file. 
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0007|               <s>[G.]</s> <u>F.</u>  The director of a residential
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0008|     treatment or habilitation program or the director's designee
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0009|     shall, on the next business day following the child's
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0010|     admission, petition the court to appoint a guardian ad litem
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0011|     for the child.  When the court receives the petition, the
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0012|     court shall appoint a guardian ad litem.  The court may order
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0013|     the parent to reimburse the state pursuant to the provisions
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0014|     of the Children's Code. 
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0015|               <s>[H.]</s> <u>G.</u>  Within seven days of a child's
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0016|     admission to a residential treatment or habilitation program,
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0017|     a guardian ad litem, representing the child's best interests
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0018|     and in accordance with the provisions of the Children's Mental
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0019|     Health and Developmental Disabilities Act, shall meet with the
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0020|     child, the child's parent, guardian or legal custodian and the
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0021|     child's clinician.  The guardian ad litem shall determine the
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0022|     following:
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0023|                    (1)  whether the child's parent, guardian or
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0024|     legal custodian understands and consents to the child's
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0025|     admission to a residential treatment or habilitation program;
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<center>- 10 -</center>

0001|                    (2)  whether the admission is in the child's
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0002|     best interests; and
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0003|                    (3)  whether the admission is appropriate for
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0004|     the child and is consistent with the least drastic means
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0005|     principle.
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0006|               <s>[I.]</s> <u>H.</u>  If a guardian ad litem determines that
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0007|     the child's parent, guardian or legal custodian understands
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0008|     and consents to the child's admission and that the admission
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0009|     is in the child's best interests, is appropriate for the child
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0010|     and is consistent with the least drastic means principle, the
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0011|     guardian ad litem shall so certify on a form designated by the
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0012|     supreme court.  The form, when completed by the guardian ad
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0013|     litem, shall be filed in the child's patient record kept by
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0014|     the residential treatment or habilitation program, and a copy
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0015|     shall be forwarded to the court or special commissioner within
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0016|     seven days of the child's admission.  The guardian ad litem's
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0017|     statement shall not identify the child by name.
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0018|               <s>[J.]</s> <u>I.</u>  Upon reaching the age of majority, a
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0019|     child who was admitted to a residential treatment or
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0020|     habilitation program pursuant to this section may petition the
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0021|     district court for the records of the district court regarding
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0022|     all matters pertinent to the child's admission to a
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0023|     residential treatment or habilitation program.  The district
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0024|     court, upon receipt of the petition and upon a determination
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0025|     that the petitioner is in fact a child who was admitted to a
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<center>- 11 -</center>

0001|     residential treatment or habilitation program, shall provide
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0002|     all court records regarding the admission to the petitioner,
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0003|     including all copies in the court's possession. 
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0004|               <s>[K.]</s> <u>J.</u>  Any parent, guardian or legal
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0005|     custodian who consents to admission of his child to a
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0006|     residential treatment or habilitation program has the right to
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0007|     request the child's immediate discharge from the residential
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0008|     treatment or habilitation program, subject to the provisions
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0009|     of this section.  If a child's parent, guardian or legal
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0010|     custodian informs the director, a physician or any other
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0011|     member of the residential treatment or habilitation program
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0012|     staff that the parent, guardian or legal custodian desires the
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0013|     child to be discharged from the program, the director,
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0014|     physician or other staff shall provide for the child's
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0015|     immediate discharge and remit the child to the parent's,
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0016|     guardian's or legal custodian's care.  The residential
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0017|     treatment or habilitation program shall also notify the
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0018|     child's guardian ad litem.  A child whose parent, guardian or
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0019|     legal custodian requests his immediate discharge shall be
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0020|     discharged, except when the director of the residential
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0021|     treatment program, a physician or a licensed psychologist
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0022|     determines that the child requires continued treatment and
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0023|     that the child meets the criteria for involuntary residential
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0024|     treatment.  In that event, the director, physician or licensed
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0025|     psychologist shall, on the first business day following the
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<center>- 12 -</center>

0001|     child's parent's, guardian's or legal custodian's request for
    |
0002|     release of the child from the program, request that the
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0003|     children's court attorney initiate involuntary residential
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0004|     treatment proceedings.  The children's court attorney may
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0005|     petition the court for such proceedings. The child has a right
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0006|     to a hearing regarding his continued treatment within seven
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0007|     days of the request for release. 
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0008|               <s>[L.]</s> <u>K.</u>  A child who is admitted to a
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0009|     residential treatment or habilitation program pursuant to this
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0010|     section shall have his admission reviewed at the end of the
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0011|     sixty-day period following the date of the child's initial
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0012|     admission to the program.  The child's physician or licensed
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0013|     psychologist shall review the child's residential treatment or
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0014|     habilitation program and determine whether it is in the best
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0015|     interests of the child to continue the admission.  If the
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0016|     child's physician or licensed psychologist concludes that
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0017|     continuation of the residential treatment or habilitation
    |
0018|     program is in the child's best interests, the child's
    |
0019|     clinician shall so state in a form to be filed in the child's
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0020|     patient records.  The residential treatment or habilitation
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0021|     program shall notify the guardian ad litem for the child at
    |
0022|     least seven days prior to the date that the sixty-day period
    |
0023|     is to end or, if necessary, request a guardian ad litem
    |
0024|     pursuant to the provisions of the Children's Mental Health and
    |
0025|     Developmental Disabilities Act.  The guardian ad litem shall
    |
<center>- 13 -</center>

0001|     then personally meet with the child, the child's parent,
    |
0002|     guardian or legal custodian and the child's clinician and
    |
0003|     ensure that the child's parent, guardian or legal custodian
    |
0004|     understands and consents to the child's continued admission to
    |
0005|     the residential treatment or habilitation program.  If the
    |
0006|     guardian ad litem determines that the child's parent, guardian
    |
0007|     or legal custodian understands and consents to the child's
    |
0008|     continued admission to the residential treatment or
    |
0009|     habilitation program, that the continued admission is in the
    |
0010|     child's best interest, that the placement continues to be
    |
0011|     appropriate for the child and consistent with the least
    |
0012|     drastic means principle and that the clinician has recommended
    |
0013|     the child's continued stay in the program, the guardian ad
    |
0014|     litem shall so certify on a form designated by the supreme
    |
0015|     court.  The disposition of these forms shall be as set forth
    |
0016|     in this section, with one copy going in the child's patient
    |
0017|     record and the other being sent to the district court in a
    |
0018|     manner that preserves the child's anonymity.  This procedure
    |
0019|     shall take place every sixty days following the child's last
    |
0020|     admission or a guardian ad litem's certification, whichever
    |
0021|     occurs first. 
    |
0022|               <s>[M.]</s> <u>L.</u>  When a guardian ad litem determines
    |
0023|     that the child's parent, guardian or legal custodian does not
    |
0024|     understand or consent to the child's admission to a
    |
0025|     residential treatment or habilitation program, that the
    |
<center>- 14 -</center>

0001|     admission is not in the child's best interests, that the
    |
0002|     placement is inappropriate for the child or is inconsistent
    |
0003|     with the least drastic means principle or that the child's
    |
0004|     clinician has not recommended a continued stay by the child in
    |
0005|     the residential treatment or habilitation program, the child
    |
0006|     shall be released or involuntary placement procedures shall be
    |
0007|     initiated.
    |
0008|               <s>[N.]</s> <u>M.</u>  If the child's parent, guardian or
    |
0009|     legal custodian is unavailable to take custody of the child
    |
0010|     and immediate discharge of the child would endanger the child,
    |
0011|     the residential treatment or habilitation program may detain
    |
0012|     the child until a safe and orderly discharge is possible.  If
    |
0013|     the child's family refuses to take physical custody of the
    |
0014|     child, the residential treatment or habilitation program shall
    |
0015|     refer the case to the department for an abuse and neglect or
    |
0016|     family in need of court-ordered services investigation.  The
    |
0017|     department may take the child into protective custody pursuant
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0018|     to the provisions of the Abuse and Neglect Act or the Family
    |
0019|     in Need of Services Act."
    |
0020|          Section 3.  Section 32A-6-12 NMSA 1978 (being Laws 1995,
    |
0021|     Chapter 207, Section 14) is amended to read:
    |
0022|          "32A-6-12.  VOLUNTARY RESIDENTIAL TREATMENT OR
    |
0023|     HABILITATION.--
    |
0024|               A.  A child fourteen years of age or older shall
    |
0025|     not receive treatment for mental disorders or habilitation for
    |
<center>- 15 -</center>

0001|     developmental disabilities on a voluntary residential basis,
    |
0002|     except as provided in this section. 
    |
0003|               B.  Any child fourteen years of age or older may
    |
0004|     voluntarily admit himself to a residential treatment or
    |
0005|     habilitation program, with the informed consent of his parent,
    |
0006|     guardian or legal custodian, for a period not to exceed sixty
    |
0007|     days, subject to the requirements of this section. 
    |
0008|               C.  To have a child voluntarily admitted to a
    |
0009|     residential treatment or habilitation program, the child and
    |
0010|     the child's parent, guardian or legal custodian shall
    |
0011|     knowingly and voluntarily execute, prior to admission, a
    |
0012|     child's voluntary consent to admission document.  The document
    |
0013|     shall include a clear statement of the child's right to
    |
0014|     voluntarily consent or refuse to consent to his admission; 
    |
0015|     <u>the child's</u> right to request an immediate discharge from the
    |
0016|     residential treatment program at any time; and the child's
    |
0017|     rights when he requests a discharge and his physician,
    |
0018|     licensed psychologist or the director of the residential
    |
0019|     treatment facility determines the child needs continued
    |
0020|     treatment.  The facility shall ensure that each statement is
    |
0021|     clearly explained in the child's and parent's, guardian's or
    |
0022|     legal custodian's primary language, if that is their language
    |
0023|     of preference, and in a manner appropriate to the child's and
    |
0024|     parent's, guardian's or legal custodian's developmental
    |
0025|     abilities, and each statement shall be initialed by the child
    |
<center>- 16 -</center>

0001|     and his parent, guardian or legal custodian. 
    |
0002|               D.  The child's parent, guardian or legal custodian
    |
0003|     shall obtain an independent attorney for the child and shall
    |
0004|     notify the residential treatment facility of that attorney's
    |
0005|     name within seventy-two hours of the child's voluntary
    |
0006|     admission.  Prior to admission, the residential treatment
    |
0007|     facility shall inform the child's parent, guardian or legal
    |
0008|     custodian of the duty to obtain an independent attorney for
    |
0009|     the child within seventy-two hours.  If the child's parent,
    |
0010|     guardian or legal custodian is indigent, the parent, guardian
    |
0011|     or legal custodian may petition the court to appoint an
    |
0012|     attorney for the child.
    |
0013|               E.  The child's executed voluntary consent to
    |
0014|     admission document shall be filed in the patient's hospital
    |
0015|     record within twenty-four hours of the time of admission. 
    |
0016|               <s>[F.  Upon the filing of the child's consent to
</s>    |
<s></s>0017| <s>    admission document in the child's hospital record, the
</s>    |
<s></s>0018| <s>    director of the residential treatment or habilitation program
</s>    |
<s></s>0019| <s>    or the director's designee shall, on the next business day
</s>    |
<s></s>0020| <s>    following the child's admission, notify the resource
</s>    |
<s></s>0021| <s>    consultant of the admission and provide the child's name, date
</s>    |
<s></s>0022| <s>    of birth, the date and place of admission.  The resource
</s>    |
<s></s>0023| <s>    consultant shall meet with the child and make reasonable
</s>    |
<s></s>0024| <s>    efforts to contact the child's parent, guardian or legal
</s>    |
<s></s>0025| <s>    custodian within three days of being notified of the child's
</s>    |
<center>- 17 -</center>

<s></s>0001| <s>    admission.
</s>    |
<s></s>0002| <s>              G.]</s> <u>F.</u>  Upon the filing of the child's voluntary
    |
0003|     consent to admission document in the patient's hospital
    |
0004|     record, the director of the residential treatment or
    |
0005|     habilitation program or the director's designee shall, on the
    |
0006|     next business day following the child's admission, notify the
    |
0007|     district court or the special commissioner of the admission,
    |
0008|     giving the child's name, date of birth and the date and place
    |
0009|     of admission.  The court or special commissioner shall, upon
    |
0010|     receipt of notice of a child's voluntary admission to a
    |
0011|     residential treatment program, establish a sequestered court
    |
0012|     file. 
    |
0013|               <s>[H.]</s> <u>G.</u>  If within seventy-two hours of the
    |
0014|     child's voluntary admission the child has not met with an
    |
0015|     independent attorney and the child's parent, guardian or legal
    |
0016|     custodian has not notified the residential treatment or
    |
0017|     habilitation program of the name of the child's independent
    |
0018|     attorney, the residential treatment or habilitation program
    |
0019|     shall, during the next business day, petition the court to
    |
0020|     appoint an attorney.  When the court receives the petition,
    |
0021|     the court shall appoint an attorney.  The court may order the
    |
0022|     parent to reimburse the state pursuant to the provisions of
    |
0023|     the Children's Code.
    |
0024|               <s>[I.]</s> <u>H.</u>  If within seventy-two hours of the
    |
0025|     child's voluntary admission the child has met with an
    |
<center>- 18 -</center>

0001|     independent attorney or the child's parent, guardian or legal
    |
0002|     custodian has notified the residential treatment or
    |
0003|     habilitation program of the name of the child's independent
    |
0004|     attorney, the residential treatment or habilitation program
    |
0005|     shall, during the next business day, notify the court or the
    |
0006|     special commissioner of the name of the child's independent
    |
0007|     attorney.
    |
0008|               <s>[J.]</s> <u>I.</u>  Within seven days of the admission, an
    |
0009|     attorney representing the child pursuant to the provisions of
    |
0010|     the Children's Mental Health and Developmental Disabilities
    |
0011|     Act shall meet with the child.  At the meeting with the child,
    |
0012|     the attorney shall explain to the child the following: 
    |
0013|                    (1)  the child's right to an attorney; 
    |
0014|                    (2)  the child's right to terminate his
    |
0015|     voluntary admission and the procedures to effect termination;
    |
0016|                    (3)  the effect of terminating the child's
    |
0017|     voluntary admission and options of the physician and other
    |
0018|     interested parties to the petition for an involuntary
    |
0019|     admission; and 
    |
0020|                    (4)  the child's rights under the provisions
    |
0021|     of the Children's Mental Health and Developmental Disabilities
    |
0022|     Act, including the right to: 
    |
0023|                         (a)  legal representation; 
    |
0024|                         (b)  a presumption of competence; 
    |
0025|                         (c)  receive daily visitors of the
    |
<center>- 19 -</center>

0001|     child's choice; 
    |
0002|                         (d)  receive and send uncensored mail; 
    |
0003|                         (e)  have access to telephones; 
    |
0004|                         (f)  follow or abstain from the practice
    |
0005|     of religion; 

    |
0006|                         (g)  a humane and safe environment; 
    |
0007|                         (h)  physical exercise and outdoor
    |
0008|     exercise; 
    |
0009|                         (i)  a nourishing, well-balanced, varied
    |
0010|     and appetizing diet; 
    |
0011|                         (j)  medical treatment; 
    |
0012|                         (k)  educational services; 
    |
0013|                         (l)  freedom from unnecessary or
    |
0014|     excessive medication;
    |
0015|                         (m)  individualized treatment and
    |
0016|     habilitation; and 
    |
0017|                         (n)  participation in the development of
    |
0018|     the individualized treatment plan and access to that plan on
    |
0019|     request. 
    |
0020|               <s>[K.]</s> <u>J.</u>  If the attorney determines that the
    |
0021|     child understands his rights and that the child voluntarily
    |
0022|     and knowingly desires to remain as a patient in a residential
    |
0023|     treatment or habilitation program, the attorney shall so
    |
0024|     certify on a form designated by the supreme court.  The form,
    |
0025|     when completed by the attorney, shall be filed in the child's
    |
<center>- 20 -</center>

0001|     patient record at the residential treatment or habilitation
    |
0002|     program facility, and a copy shall be forwarded to the court
    |
0003|     or special commissioner within seven days of the child's
    |
0004|     admission.  The attorney's statement shall not identify the
    |
0005|     child by name. 
    |
0006|               <s>[L.]</s> <u>K.</u>  Upon reaching the age of majority, a
    |
0007|     child who was a voluntary admittee to a residential treatment
    |
0008|     or habilitation program may petition the district court for
    |
0009|     the records of the court regarding all matters pertinent to
    |
0010|     his voluntary admission to a residential treatment or
    |
0011|     habilitation program.  The court, upon receipt of the petition
    |
0012|     and upon a determination that the petitioner was in fact the
    |
0013|     child who was a voluntary <s>[admitted]</s> <u>admittee</u> to a
    |
0014|     residential treatment or habilitation program, shall give all
    |
0015|     court records regarding the admission to the petitioner,
    |
0016|     including all copies in the court's possession. 
    |
0017|               <s>[M.]</s> <u>L.</u>  Any child voluntarily admitted to a
    |
0018|     residential treatment or habilitation program has the right to
    |
0019|     an immediate discharge from the residential treatment or
    |
0020|     habilitation program upon his request, except as provided in
    |
0021|     this section.  If a child informs the director, physician or
    |
0022|     any other member of the residential treatment or habilitation
    |
0023|     program staff that he desires to be discharged from the
    |
0024|     voluntary program, the director, physician or other staff
    |
0025|     member shall provide for the child's immediate discharge.  The
    |
<center>- 21 -</center>

0001|     residential treatment or habilitation program shall not
    |
0002|     require that the child's request be in writing.  Upon the
    |
0003|     request, the residential treatment or habilitation program
    |
0004|     shall notify the child's parent, guardian or legal custodian
    |
0005|     to take custody of the child and remit the child to the
    |
0006|     parent's, guardian's or legal custodian's care.  The
    |
0007|     residential treatment or habilitation program shall also
    |
0008|     notify the child's attorney.  If the child's parent, guardian
    |
0009|     or legal custodian is unavailable to take custody of the child
    |
0010|     and immediate discharge of the child would endanger the child,
    |
0011|     the residential treatment or habilitation program may detain
    |
0012|     the child until a safe and orderly discharge is possible.  If
    |
0013|     the child's family refuses to take physical custody of the
    |
0014|     child, the residential treatment or habilitation program shall
    |
0015|     refer the case to the department for an abuse and neglect or
    |
0016|     family in need of court-ordered services investigation.  The
    |
0017|     department may take the child into protective custody pursuant
    |
0018|     to the provisions of the Abuse and Neglect Act or the Family
    |
0019|     in Need of Services Act.  A child requesting immediate
    |
0020|     discharge shall be discharged, except in those situations when
    |
0021|     the director of the residential treatment or habilitation
    |
0022|     program, a physician or a licensed psychologist determines
    |
0023|     that the child requires continued treatment and that the child
    |
0024|     meets the criteria for involuntary residential treatment as
    |
0025|     otherwise provided under the Children's Mental Health and
    |
<center>- 22 -</center>

0001|     Developmental Disabilities Act.  In that event, the director,
    |
0002|     physician or licensed psychologist, after making the
    |
0003|     determination, shall, on the first business day following the
    |
0004|     child's request for release from the voluntary program,
    |
0005|     request that the children's court attorney initiate
    |
0006|     involuntary placement proceedings.  The children's court
    |
0007|     attorney may petition for such a placement.  The child has a
    |
0008|     right to a hearing on his continued treatment within seven
    |
0009|     days of his request for release. 
    |
0010|               <s>[N.]</s> <u>M.</u>  A child who is a voluntary admittee to
    |
0011|     a residential treatment or habilitation program shall have his
    |
0012|     voluntary admission reviewed at the end of a sixty-day period
    |
0013|     from the date of his initial admission to the program.  The
    |
0014|     review shall be accomplished by having the child's physician
    |
0015|     or licensed psychologist review the child's treatment and
    |
0016|     determine whether it would be in the best interests of the
    |
0017|     child to continue the voluntary admission.  If the child's
    |
0018|     physician or licensed psychologist concludes that continuation
    |
0019|     of treatment is in the child's best interests, the child's
    |
0020|     clinician shall so state in a form to be filed in the child's
    |
0021|     patient record.  The residential treatment or habilitation
    |
0022|     program shall notify the attorney for the child at least seven
    |
0023|     days prior to the date that the sixty-day period is to end or,
    |
0024|     if necessary, request an attorney pursuant to the provisions
    |
0025|     of the Children's Mental Health and Developmental Disabilities
    |
<center>- 23 -</center>

0001|     Act.  The attorney shall then personally meet with the child
    |
0002|     and ensure that the child understands his rights as set forth
    |
0003|     in this section, that the child understands the method for
    |
0004|     voluntary termination of his admission and that the child
    |
0005|     knowingly and voluntarily consents to his continued treatment. 
    |
0006|     If the attorney determines that the child understands these
    |
0007|     rights and that the child voluntarily and knowingly desires to
    |
0008|     remain as a patient in the residential treatment or
    |
0009|     habilitation program and that the clinician has recommended
    |
0010|     the continued stay in the program, the attorney shall so
    |
0011|     certify on a form designated by the supreme court.  The
    |
0012|     disposition of these forms shall be as set forth in this
    |
0013|     section, with one copy going in the child's patient record and
    |
0014|     the other being sent to the district court in a manner that
    |
0015|     preserves the child's anonymity.  This procedure shall take
    |
0016|     place every sixty days from the last admission or attorney's
    |
0017|     certification, whichever comes first. 
    |
0018|               <s>[O.]</s> <u>N.</u>  If the attorney determines that the
    |
0019|     child does not voluntarily desire to remain in the program or
    |
0020|     if the clinician of the child has not recommended continued
    |
0021|     stay by the child in the residential treatment or habilitation
    |
0022|     program, the child shall be released or the involuntary
    |
0023|     placement procedures set forth in this section and the
    |
0024|     Children's Mental Health and Developmental Disabilities Act
    |
0025|     shall be followed."
    |
<center>- 24 -</center>

0001|          Section 4.  Section 32A-18-1 NMSA 1978 (being Laws 1993,
    |
0002|     Chapter 77, Section 224, as amended) is amended to read:
    |
0003|          "32A-18-1.  CULTURAL RECOGNITION.--
    |
0004|               A.  A person who serves as a judge, prosecutor,
    |
0005|     guardian ad litem, <s>[resource consultant]</s> treatment guardian,
    |
0006|     court appointed attorney, court appointed special advocate,
    |
0007|     foster parent, mental health commissioner or mental health
    |
0008|     treatment service provider for a child subject to an abuse or
    |
0009|     neglect petition, a family in need of services petition or a
    |
0010|     mental health placement shall receive periodic training, to
    |
0011|     the extent of available resources, to develop his knowledge
    |
0012|     about children, the physical and psychological formation of
    |
0013|     children and the impact of ethnicity on a child's needs. 
    |
0014|     Institutions that serve children and their families shall,
    |
0015|     considering available resources, provide similar training to
    |
0016|     institutional staff.
    |
0017|               B.  The training shall include study of:
    |
0018|                    (1)  cross-cultural dynamics and sensitivity;
    |
0019|                    (2)  child development;
    |
0020|                    (3)  family composition and dynamics;
    |
0021|                    (4)  parenting skills and practices;
    |
0022|                    (5)  culturally appropriate treatment plans;
    |
0023|     and
    |
0024|                    (6)  alternative health practices."
    |
0025|          Section 5.  REPEAL.--Section 32A-6-10.1 NMSA 1978 (being
    |
<center>- 25 -</center>

0001|     Laws 1995, Chapter 207, Section 11) is repealed.
    |
0002|          Section 6.  EFFECTIVE DATE.--The effective date of the
    |
0003|     provisions of this act is July 1, 1998.
    |
0004|                              
    |