California Welfare and Institutions Code

§ 361.23

WIC § 361.23 Effective Jan 1, 2023Div. 2 · Part 1 · Ch. 2 · Art. 10

Statute text

(a)(1) Whenever voluntary admission into a psychiatric residential treatment facility is sought for a child or nonminor dependent who is subject to a petition pursuant to Section 300, the court shall review the application for a voluntary admission as described in this section. A child may not be admitted to a psychiatric residential treatment facility prior to court authorization unless the child is subject to an involuntary hold pursuant to Chapter 2 (commencing with Section 5585.50) of Part 1.5 of Division 5.

(2)For purposes of this section, “voluntary admission” for a child within the custody of a parent, child, or Indian custodian refers to the parent, guardian, or Indian custodian’s voluntary decision to have the child admitted to a psychiatric residential treatment facility. “Voluntary admission” for a child not within the custody of a parent, guardian, or Indian custodian refers to the child’s decision to voluntarily admit themselves pursuant to Section 6552. “Voluntary admission” for a nonminor dependent refers to the nonminor dependent’s decision to voluntarily admit themselves.

(b)(1) When a parent, guardian, or Indian custodian who retains physical custody of a child under the jurisdiction of the juvenile court pursuant to Section 300 seeks to have a child admitted to a psychiatric residential treatment facility or when a child who is the subject of a petition pursuant to Section 300 seeks to make a voluntary admission to a psychiatric residential treatment facility pursuant to Section 6552, the social worker shall file an ex parte application for an order authorizing the voluntary admission pursuant to Section 6552 within 48 hours of being informed of the request or, if the courts are closed for more than 48 hours after being informed of the request, on the first judicial day after being informed of the request. The application shall satisfy the requirements of Title 3 of the California Rules of Court, and include all of the following:

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Legislative history

Added by Stats. 2022, Ch. 589, Sec. 6. (AB 2317) Effective January 1, 2023.