The person responsible for a minor can refer to a psychiatric hospital or a psychiatric ward in a general hospital to request that the minor be hospitalized
It is forbidden to hospitalize a minor over age 15 against his/her will unless a court that is certified to render a decision on psychiatric hospitalization rules that the conditions for forced hospitalization of a minor exist
A child under age 15 can be hospitalized against his/her will but the decision for continued treatment must me made by the District Psychiatric Committee for Children and Youth
The period of hospitalization cannot exceed 2 months unless it is a situation in which the minor isn't sleeping in the hospital
- A person responsible for a minor (parent, adopted parent or legal guardian) may refer to a psychiatric hospital or psychiatric ward of a general hospital and request that the minor be hospitalized.
- If the minor does not oppose the hospitalization then the process detailed here is followed.
- The Treatment of the Mentally Ill Law established special instructions for a case where the minor opposes the hospitalization.
Target Audience and Prerequisites
- Minors under age 18.
Who and how to refer to
- According to section 4a(b) of the The Treatment of the Mentally Ill Law the guardian of a minor can request that he be hospitalized and can consent to hospitalization and treatment in the minor's name. In order to do so, the guardian should refer to a psychiatric hospital or a psychiatric ward in a general hospital, and sign for minor's consent for voluntary hospitalization and medical treatment.
Stages of the Process
- If the minor doesn't oppose the hospitalization than the process is according to the procedure detailed here
- If the minor is opposed to the hospitalization and the hospital director, or anyone else treating the minor in the hospital knows about the opposition, he/she is obligated according to The Youth (Treatment and Supervision) Law to report the opposition to the hospital social worker as soon as possible. The hospital social worker will take the following actions:
- If the the minor is over age 15 then the social worker will refer to the youth court to decide what to do. In this case the court will only rule to hospitalize the minor if the conditions for involuntary hospitalization of a minor are met.
- If the minor is under age 15, the social worker must bring the minor's case to the District Psychiatric Committee for Children and Youth, which will examine whether the minor can be treated only by way of hospitalization and decide based on the circumstances on continued or release.
Length of Hospitalization
- The length of the hospitalization shall not exceed two months, unless the hospitalization does not include sleeping in the hospital.
- A District Psychiatric Committee for Children and Youth may, based on a written request in writing by the hospital director, extend the treatment plan or the period of hospitalization for additional periods, each of which shall not exceed three months, if it is convinced that the minor needs treatment that requires extended hospitalization.
- The minor's guardian, a social worker appointed under The Youth (Care and Supervision) Law, or a minor over age 15, and the director of the hospital may apply to the District Psychiatric Committee for children and youth at any time for further discussion regarding the minor's hospitalization.
- The decision of the juvenile court can be appealed to the district court, in the district where the juvenile court is.
- The decision of the district psychiatric committee for children and youth may be appealed in the same manner as the decision of the regular district psychiatric committee. For details of the procedures for appeal against the decision of the district psychiatric committee, see the Voluntary Hospitalization of People Coping with Mental Illness page.
- A minor whose parent has been convicted of committing a sexual or violent crime against the child or who is being prosecuted for such an offense is entitled have that parent removed from the the child's treatment circle such that the parent will not be informed of the child's medical treatment and will not to be able to give consent to the treatment.
- In the event that the case of a minor over the age 15 is transferred to the juvenile court, the court must appoint an attorney to represent the minor, unless the minor chooses to be represented by his own attorney.
- Original translation performed by The Shira Pransky Project as part of a grant from The Fellowship Fund.