Q: I have a question about a child in the foster system
She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been suicidal for months can she still be taken into the hospital or no?
A: Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to notify the prosecutor, who will then file a Petition for Guardianship on behalf of the minor child. A hearing will be held. She is entitled to a Public Defender to represent her if she so desires. A juvenile judge will consider the affidavits and make a temporary ruling which will last a minimum of ninety (90) days, after which she can petition for release.
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