§4099-C.__Preliminary assessment; safety plan; other services

1.__Preliminary assessment.__When a case manager is informed that a youth may be in need of services, the case manager shall make a preliminary assessment within 48 hours, including weekends and holidays, to determine whether the youth is a youth in need of services as defined in this subchapter and whether further action should be taken under subsection 2 or 3.

2. Safety plan.__When a case manager determines that a youth is in need of services, the case manager shall immediately develop a safety plan and arrange services for the youth and, if appropriate, for the youth's family or legal guardian.

3.__Imminent danger.__If a youth is determined by a case manager to be in need of services and is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense, the case manager shall attempt to contact the family or legal guardian, if appropriate, to begin services to the youth and family or legal guardian and shall promptly file a petition to commence court proceedings.

A.__If the court finds that a youth is in need of services and is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense, the court shall order that a service provider offer appropriate services to the youth and the youth's family or legal guardian if appropriate.

B.__In a proceeding brought under this subsection, if the court orders a service provider to offer appropriate services to a youth or the youth's family or legal guardian, the court may not order secure residential placement or inpatient treatment or order a youth to participate in services or enter an order of enforcement or contempt.

4.__Treatment by spiritual means.__A youth may not be considered to be in need of services under this subchapter solely because treatment is provided by spiritual means by an accredited practitioner of a recognized religious organization.__When medical treatment is authorized under this subchapter, treatment by spiritual means by an accredited practitioner of a recognized religious organization may also be considered if requested by a youth or the youth's parent or legal guardian.

5. Reporting.__The department shall report by October 1, 2003 and annually thereafter to the joint standing committee of