| I. Jurisdiction |
Juvenile
cases involving children with serious mental illnesses require the juvenile
court to serve as the probate court.
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| C.R.S. § 19-1-104(1)(i) |
The juvenile
court has exclusive jurisdiction over any child who comes within the court’s
jurisdiction for the treatment or commitment of a mentally disabled child.
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| C.R.S. § 27-10.3-102(2) |
The Child’s
Mental Health Treatment Act covers children not within the juvenile court’s
jurisdiction. This Act was passed in
1999 to make mental health services more available to families seeking mental
health treatment for their children.
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| C.R.S. § 27-10.3-103 C.R.S. § 27-10.3-104(1)(a) |
Parents whose
children are at risk for out-of-home placement because of a mental illness may
apply to a community mental health center for their child’s mental health treatment
and services. The community mental health center must then
clinically assess the child’s need for mental health services and provide any
needed treatment. The child must be
Medicaid-eligible because of the need for mental health services, and not required
to be in a dependency and neglect action.
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| C.R.S. § 27-10.3-104(1)(b) |
Denial of
services may be appealed. If the
community mental health center denies the parent’s application for residential
treatment services, the family must be advised by the center, both orally and
in writing, of the appeal process. The
appeal process includes the center completing an internal appeal process within
two working days, and an objective mental health professional at the Colorado
Department of Human Services reviewing the center’s final denial of services
within five working days.
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