Art. 895 Commitment to mental institution

When a child has been found delinquent by the court, the judge has the option to send that child to a mental health institution instead of, or along with, other consequences. This can only happen if a doctor or psychologist has evaluated the child and found that the child has a real mental disorder (not an intellectual disability) that seriously affects how they function day to day and needs treatment in an institution.

Before the judge can make this decision, everyone involved gets a fair chance to weigh in. This means the court has to hold a hearing where both sides can present information, and the Louisiana Department of Health has to be told about it in advance. The child also has the right to have a lawyer represent them during this process, just like in other parts of their case.

In short, this rule makes sure that sending a child to a mental institution is not a decision made lightly or in secret. It requires solid medical proof of a real mental health need, plus a proper legal process with notice to the state and representation for the child.