Title 15, Chapter 11, Section 149
( 15-11-149)
(a) Study and report. If, at any time, the evidence indicates that a
child may be suffering from mental retardation or mental illness,
the court may commit the child to an appropriate institution,
agency, or individual for study and report on the child's mental
condition. (b) Determination of disability. The juvenile court judge shall
determine whether a child has been determined to be handicapped as
defined in 20 U.S.C. Sections 1401(a)(1) and 1401(a)(15). If there
is an Individualized Education Program (IEP) as defined in 20 U.S.C.
Section 1401(a)(20), it shall be made a part of the dispositional
hearing record. (c) Commitment. If it appears from the study and report undertaken
pursuant to subsection (a) of this Code section that the child is
committable under the laws of this state as a mentally retarded or
mentally ill child, the court shall order the child detained and
shall proceed within ten days to commit the child to the Division of
Mental Health, Mental Retardation, and Substance Abuse of the
Department of Human Resources. (d) Other disposition or transfer. If the child is found not to be
committable, the court shall proceed to the disposition or transfer
of the child as otherwise provided by Article 1. (e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources as provided in this Code section. |