(1) At any stage of a delinquency proceeding, if the court, prosecution, probation officer, guardian ad litem, parent, or legal guardian has reason to believe that the juvenile could benefit from mental health services, the party shall immediately advise the court of such belief.
After the party advises the court of the party's belief that the juvenile could benefitfrom mental health services, the court shall immediately order a mental health screening of the juvenile pursuant to section 16-11.9-102 using the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), unless the court already has sufficient information to determine whether the juvenile could benefit from mental health services or unless a mental health screening of the juvenile has been completed within the last three months. Before sentencing a juvenile, the court shall order a mental health screening, using the mental health screening tool selected pursuant to section 24-33.5-2402 (1)(b), or make a finding that the screening would not provide information that would be helpful in sentencing the juvenile. The delinquency proceedings shall not be stayed or suspended pending the results of the mental health screening ordered pursuant this section, however, the court may continue the dispositional and sentencing hearing to await the results of the mental health screening.
If the mental health screening indicates that the juvenile could benefit from mentalhealth services, the court may order a mental health assessment.
At the time the court orders a mental health assessment, the court shall specify thedate upon which the assessment shall be completed and returned to the court. The court may assign responsibility for the cost of the assessment to any party having legal custody or legal guardianship of the juvenile.
The assessment, at a minimum, shall include an opinion regarding whether the juvenile could benefit from mental health services. If the assessment concludes that the juvenile could benefit from mental health services, the assessment shall identify the juvenile's mental health issues and the appropriate services and treatment.
Evidence or treatment obtained as a result of a mental health screening or assessmentordered pursuant to this section, including any information obtained from the juvenile in the course of a mental health screening or assessment, shall be used only for purposes of sentencing; to determine what mental health treatment, if any, to provide to the juvenile; and to determine whether the juvenile justice or another service system is most appropriate to provide this treatment, and must not be used for any other purpose. The mental health screening or assessment and any information obtained in the course of the mental health screening or assessment is not subject to subpoena or any other court process for use in any other court proceeding and is not admissible on the issues raised by a plea of not guilty unless the juvenile places his or her mental health at issue. If the juvenile places his or her mental health at issue, then either party may introduce evidence obtained as a result of a mental health screening or assessment. The court shall keep any mental health screening or assessment in the court file under seal.
For purposes of this section:
"Assessment" means an objective process used to collect pertinent information inorder to identify a juvenile who may have mental health needs and identify the least restrictive and most appropriate services and treatment.
"Juvenile could benefit from mental health services" means a juvenile exhibits one ormore of the following characteristics:
A chronic or significant lack of impulse control or of judgment;
Significant abnormal behaviors under normal circumstances;
(Deleted by amendment, L. 2019.)
Severe or frequent changes in sleeping or eating patterns or in levels of activity;
A pervasive mood of unhappiness or of depression; or
A history that includes mental health treatment, a suicide attempt, or the use ofpsychotropic medication.
(c) "Screening" means a short validated mental health screening to identify juveniles who may have mental health needs adopted by the juvenile justice reform committee pursuant to section 24-33.5-2402 (1)(b).
(8) Repealed.
Source: L. 2008: Entire section added, p. 346, § 1, effective July 1. L. 2019: (2), (6), and
(7) amended, (SB 19-108), ch. 294, p. 2719, § 14, effective July 1.
Editor's note: Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2011. (See L. 2008, p. 346.)