Rule 703. Motion for Inpatient Psychiatric Acute Care Services

(a) Motion. If the person who performs the outpatient or inpatient assessment recommends inpatient acute care psychiatric services for the child, the entity must file a motion with the juvenile court for the child to receive inpatient psychiatric acute care services. If the motion is filed based on the recommendation from an inpatient assessment and the child is admitted to a psychiatric acute care facility, the motion must be filed no later than 24 hours after receiving the inpatient assessment, excluding weekends and holidays, as provided in A.R.S. § 8-272(F). (b) Place of Filing When the Filing Entity is the Arizona Department of Juvenile Corrections. If the filing entity is the Arizona Department of Juvenile Corrections, the motion must be filed in the county where the child was residing at the time the child was committed to the Arizona Department of Juvenile Corrections. (c) Requirements. The motion must include a copy of the outpatient or inpatient assessment, the date and time the filing entity received the assessment, and the other requirements listed in A.R.S. § 8-272(F)(1) and (2). (d) Notice. The filing entity must provide a copy of the motion and the notice of hearing to all other parties, their attorneys, and any guardian ad litem. If the child is a dually adjudicated child, the motion must be provided to any other entity, as provided in A.R.S. § 8-272(P). (e) Required Communication by Attorney and Guardian Ad Litem. The child's attorney, and guardian ad litem if one is appointed, must communicate with the child no later than 24 hours after the motion is filed, excluding weekends and holidays, as provided in A.R.S. § 8-272(O). (f) Hearing. The court must set a hearing no later than 72 hours after the filing of the motion, excluding weekends and holidays, as provided in A.R.S. § 8-272(H). (1) Untimely Filed Motion child's attorney, and guardian ad litem if one is appointed, must communicate with the child no later than 24 hours after the motion is filed, excluding weekends and holidays, as provided in A.R.S. § 8-272(O). (f) Hearing. The court must set a hearing no later than 72 hours after the filing of the motion, excluding weekends and holidays, as provided in A.R.S. § 8-272(H). (1) Untimely Filed Motion. If the filing entity failed to file the motion within 24 hours of receiving the inpatient assessment, excluding weekends and holidays, the court must order the child discharged from the inpatient assessment facility. (2) Attendance of Child. The child has the right to attend any hearing unless the court finds by a preponderance of the evidence that allowing the child to attend would not be in the child's best interests, as provided in A.R.S. § 8-272(O). (3) Evidence. The court must consider evidence admissible under Rule 104(b) to determine whether to grant the motion for the child to receive inpatient psychiatric acute care services. (g) Findings. In a signed minute entry or order, the court must either: (1) find by clear and convincing evidence that: (A) the child is suffering from a mental disorder or is a danger to self or others and requires inpatient psychiatric acute care services, and (B) available alternatives to inpatient psychiatric acute care services were considered, but the inpatient psychiatric acute care services are the least restrictive available alternative; or (2) find that (g)(1)(A) or (B), or both, were not proven by clear and convincing evidence. (h) Orders. The court must enter an order granting or denying the motion for the child to receive inpatient psychiatric acute care services. (1) Granting the Motion. If the court grants the motion, the court must do all of the following: (A) review within 60 days the child's continuing need for inpatient psychiatric acute care services as provided in A.R.S. § 8-272(K) lear and convincing evidence. (h) Orders. The court must enter an order granting or denying the motion for the child to receive inpatient psychiatric acute care services. (1) Granting the Motion. If the court grants the motion, the court must do all of the following: (A) review within 60 days the child's continuing need for inpatient psychiatric acute care services as provided in A.R.S. § 8-272(K). The court may complete the review by holding a hearing or through an in-chambers review, except that a hearing must be held if requested by the child; (B) order the inpatient psychiatric acute care facility to submit a progress report to the court at least 5 days before the review that meets the requirements of A.R.S. § 8-272(K)(1) through (5); and (C) order the filing entity to provide copies of the progress report to all the parties, the child's attorney, and the guardian ad litem if one was appointed. (2) Denying the Motion . If the court denies the motion, the court must order the child discharged from any inpatient psychiatric acute care facility to the custody of the filing entity for placement, after considering the recommendations of the facility.