7. The psychiatrist, in completing the psychiatric evaluation, completes an

evaluation for admission form, also known as "QPER," which describes the

child's behavior and other indications of mental illness and sets forth the reasons

why further treatment or evaluation in the particular facility is needed. There

should be sufficient facts set forth to support the conclusion that the child has

"A mental condition, other than mental retardation alone, that so impairs his/her

capacity to exercise age-adequate self-control or judgement in the conduct of his

activities or social relationships so that s/he is in need of treatment." Specific

descriptions of problematic behaviors should be provided and conclusions such

as defiant, oppositional, hostile, promiscuous, assaultive and school problems

should be avoided. The evaluation must be legible, preferably typewritten. The

psychiatrist may include information that has not been observed. This

information is obtained from parents, staff, the child, the chart and other sources

and the source of such information should be indicated. The evaluation should

address why lesser measures, for example outpatient treatment, are insufficient.

The evaluation should address how the child will benefit from treatment and the

recommended length of admission. Attaching other information, such as

admission notes may be appropriate. The appropriateness depends upon whether

or not they contain confidential or sensitive information that could be divulged

through the court hearing.

8. Although a second evaluation is not legally required, the psychiatrist should

complete a second evaluation no more than 72 hours prior to the hearing in the

same manner as required above. This information facilitates the judicial process.

9. Early in the hospitalization and prior to the initial hearing, the psychiatrist or

someone at his direction should discuss the hearing process with the parents.

They should be informed that the process is intended to protect their child's

civil rights and to insure that the child meets the court criteria:

a) The child is mentally ill based on the legal definition.

b) Further treatment is indicated at the particular facility.

c) Lesser measures are insufficient to the child's treatment needs.

The parents should be informed that a lawyer will be appointed to represent their child and that lawyer will advocate for the child's stated preference including the child's release as indicated. The parents will not be represented unless they choose to employ council. Depending on the psychiatrist and the facility, the psychiatrist will not likely be present but the facility will be represented by a court liaison. The psychiatrist may choose to attend the hearing at the parents' request.

10. The psychiatrist will talk personally with the parents as frequently as necessary

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