(1) (a) Subject to Subsection (1)(b), a commitment proceeding for a child may be commenced by filing a written application with the juvenile court of the county in which the child resides or is found, in accordance with the procedures described in Section 26B-5-332. (b) A commitment proceeding under this section may be commenced only after a commitment proceeding under Section 26B-5-403 has concluded without the child being committed. (2) The juvenile court shall order commitment to the physical custody of a local mental health authority if, upon completion of the hearing and consideration of the record, the juvenile court finds by clear and convincing evidence that: (a) the child has a mental illness; (b) the child demonstrates a risk of harm to the child or others; (c) the child is experiencing significant impairment in the child's ability to perform socially; (d) the child will benefit from the proposed care and treatment; and (e) there is no appropriate less restrictive alternative. (3) The juvenile court may not commit a child under Subsection (1) directly to the Utah State Hospital. (4) The local mental health authority has an affirmative duty to: (a) conduct periodic reviews of children committed to the local mental health authority's custody in accordance with this section; and (b) release any child who has sufficiently improved so that the local mental health authority, or the local mental authority's designee, determines that commitment is no longer appropriate. (5) If a child is committed to the custody of a local mental health authority, or the local mental health authority's designee, by the juvenile court, the local mental health authority, or the local mental health authority's designee, shall give the juvenile court written notice of the intention to release the child not fewer than five days before the day on which the child is released. Renumbered and Amended by Chapter 308, 2023 General Session
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