CHC 916 - Modification of a mental health commitment - Louisiana Statutes

Art. 916. Modification of a mental health commitment

NOTE: Article 916 effective until July 1, 2010, upon approval of the implementation plan submitted by the secretary of the Dept. of Health and Hospitals to the House and Senate committees on health and welfare. See Acts 2009, No. 384, §5.

A. In cases where a child has been committed to the Department of Health and Hospitals, office of mental health, or private mental institution, or an institution for the mentally ill, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.

B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Department of Health and Hospitals, office of mental health, or private mental institution or an institution for the mentally ill without three days prior notice to the district attorney and the department or other institution.

C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Department of Health and Hospitals, office of mental health, or private mental institution, or an institution for the mentally ill except upon order of the court after motion and contradictory hearing.

NOTE: Article 916 effective July 1, 2010, upon approval of the implementation plan submitted by the secretary of the Dept. of Health and Hosptials to the House and Senate committees on health and welfare. See Acts 2009, No. 384, §5.

A. In cases where a child has been committed to the Department of Health and Hospitals, office of behavioral health, or private mental institution, or an institution for the mentally ill, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.

B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Department of Health and Hospitals, office of behavioral health, or private mental institution or an institution for the mentally ill without three days prior notice to the district attorney and the department or other institution.

C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Department of Health and Hospitals, office of behavioral health, or private mental institution, or an institution for the mentally ill except upon order of the court after motion and contradictory hearing.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010, upon approval of the implementation plan submitted by the secretary of the Dept. of Health and Hosptials to the House and Senate committees on health and welfare.