Assessment of juvenile mental health services required

1. Law
2. Arkansas Code
3. Family Law
4. Minors
5. Juvenile Courts and Proceedings
6. Community Mental Health Services for Juveniles
7. Assessment of juvenile mental health services required

1. (a) Prior to the circuit court's ordering a juvenile to an out-of-state residential placement, excluding border state placements as defined by Medicaid, the court shall refer a juvenile for an assessment by the Department of Human Services or the department's designee to include, but not be limited to:

   1. (1)

      1. (A) An assessment of the mental health services for the juvenile and the juvenile's family.

      2. (B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court:

         1. (i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan;

         2. (ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile;

         3. (iii) That provide an anticipated length of time needed for residential or inpatient treatment; and

         4. (iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and

   2. (2)

      1. (A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.

      2. (B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall:

         1. (i) Specify the reasons why the juvenile cannot be served in the state; and

         2. (ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.

2. (b) The department or its designee shall complete the out-of-state mental health assessment within five (5) business days of referral from the court.

3. (c) The assessment completed by the department or its designee shall be admitted into evidence, and the court shall consider the assessment in making its determination as to what services and placement should be ordered based on the best interest of the juvenile.

4. (d)

   1. (1) The court shall make a determination of the ability of the parent, guardian, or custodian of the juvenile to pay in whole or in part for mental health services.

   2. (2) If the court determines an ability to pay, the court shall enter such an order for payment pursuant to § 9-27-333(e).

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