Section 2-8 - Emergency Transfer (a) A resident may be transferred to another state institution in an emergency when it is in the resident's best interest, or in the interest of other residents and/or the staff at the boys' school. An emergency shall exist if the resident: - (i) Evidences a substantial probability of physical-harm to himself as manifested by evidence of recent" threats of or attempt at suicide or serious bodily harm;
- (ii) Evidences a substantial probability of physical harm to other individuals as manifested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or
- (iii) Evidences behavior manifested by recent acts or omissions that, due to mental Illness, he Is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness.
(b) The agency shall establish policies and procedures for emergency transfers which shall include: - (i) A factual inquiry and determination of an emergency situation by an impartial reviewing committee;
- (ii) A written summary of the decision; and
- (iii) A written notice to the resident, parent or guardian, representative and the court of the agency decision, including the reasons for the emergency transfer, and the right to appeal the decision to the agency.
(c) If the agency and superintendent decide to transfer a resident to the state hospital for emergency detention, the agency shall immediately notify the court of the emergency transfer. The agency shall comply with any requirements specified in W.S. 25-10-109 and applicable regulations.