§43A-5-502.

§43A-5-502.
   
   As used in the Inpatient Mental Health Treatment of Children Act:
   
   1. "Child" means any person under eighteen (18) years of age;
   
   2. "Child in need of mental health treatment" means a child:
   
   a. who has a demonstrable mental illness and as a result of that
   mental illness can be expected within the near future to inflict or
   attempt to inflict serious bodily harm to himself or herself or
   another person if mental health services are not provided and has
   engaged in one or more recent overt acts or made significant recent
   threats which substantially support that expectation, or
   
   b. who has a demonstrable mental illness of sufficient severity to
   cause substantial impairment or disability in at least two of the
   following major areas of functioning in the child's life: family
   relations, school performance, social interactions or ability to
   perform independently the basic tasks of personal hygiene, hydration
   and nutrition, or self-protection. A determination regarding the
   ability of the child to perform independently said basic tasks shall
   be based upon the age of the child and reasonable and appropriate
   expectation of the abilities of a child of such age to perform said
   tasks.
   
   The term "child in need of mental health treatment" shall not mean a
   child afflicted with epilepsy, developmental disability, organic brain
   syndrome, physical handicaps, brief periods of intoxication caused by
   such substances as alcohol or drugs or who is truant or sexually
   active unless the child also meets the criteria for a child in need of
   treatment pursuant to subparagraphs a and b of this paragraph;
   
   3. "Consent" means the voluntary, express, and informed agreement to
   treatment in a mental health facility by a child sixteen (16) years of
   age or older and by a parent having custody of the child or a legally
   authorized custodian;
   
   4. "Independent" means a licensed mental health professional
   conducting an outpatient or inpatient mental health evaluation and
   submitting a report to the district attorney or court pursuant to the
   provisions of the Inpatient Mental Health Treatment of Children Act
   who is not and will not be treating the child and has no financial
   interest in a facility in which the child will be placed or any
   significant interest in the hospitalization of the child that would
   constitute a conflict of interest, and has signed an affidavit to that
   effect, provided, a licensed mental health professional employed by a
   community mental health center shall be exempt from the requirement
   that he or she is not and will not be treating the child;
   
   5. "Individualized treatment plan" means a specific plan for the care
   and treatment of an individual child who requires inpatient mental
   health treatment. The plan shall be developed with maximum involvement
   of the child's family, consistent with the child's desire for
   confidentiality and with the treatment needs of the child, and shall
   clearly include the following:
   
   a. a statement of the presenting problems of the child, short- and
   long-term treatment goals and the estimated date of discharge. The
   short- and long-term goals shall be based upon a clinical evaluation
   and shall include specific behavioral and emotional goals against
   which the success of treatment can be measured,
   
   b. treatment methods and procedures to be used to achieve these goals,
   which methods and procedures are related to each of these goals and
   which include, but are not limited to, specific prognosis for
   achieving each of these goals,
   
   c. identification of the types of professional personnel who will
   carry out the treatment procedures including, but not limited to,
   appropriate licensed mental health professionals, education
   professionals, and other health or social service professionals,
   
   d. documentation of the involvement of the child in the development of
   the treatment plan and:
   
   (1) the involvement of a parent in the development of the treatment
   plan and the consent of the child to the plan, or
   
   (2) when the child is in the legal custody of a public or private
   child care agency, the involvement of a designated representative of
   the agency in the development of the treatment plan and documentation
   of the consent of the agency to the treatment plan;
   
   6. "Inpatient treatment" means mental health treatment services
   offered or provided for a continuous period of more than twenty-four
   (24) hours in residence after admission to a mental health facility
   for the purpose of observation, evaluation or treatment;
   
   7. "Least restrictive alternative" means the treatment and conditions
   of treatment which, separately and in combination, are no more
   intrusive or restrictive of freedom than reasonably necessary to
   achieve a substantial therapeutic benefit to the child or to protect
   the child or others from physical injury;
   
   8. "Less restrictive alternative to inpatient treatment" means and
   includes but is not limited to outpatient counseling services,
   including services provided in the home of the child and which may be
   referred to as "home-based services", day treatment or day
   hospitalization services, respite care, or foster care or group home
   care, as defined by Title 10 of the Oklahoma Statutes, through a
   program established and specifically designed to meet the needs of
   children in need of mental health treatment, or a combination thereof;
   
   9. "Licensed mental health professional" means a person who has
   received specific training for and is experienced in performing mental
   health therapeutic, diagnostic or counseling functions and is not
   related by blood or marriage to the person being examined or does not
   have any interest in the estate of the person being examined, and who
   is:
   
   a. a psychiatrist who is a diplomate of the American Board of
   Psychiatry and Neurology,
   
   b. a clinical psychologist who is duly licensed to practice by the
   State Board of Examiners of Psychologists,
   
   c. a licensed professional counselor as defined in Section 1902 of
   Title 59 of the Oklahoma Statutes,
   
   d. a person licensed as a licensed social worker pursuant to the
   provisions of the Licensed Social Workers Act, Section 1250 et seq. of
   Title 59 of the Oklahoma Statutes, or
   
   e. a Doctor of Medicine who is duly licensed to practice by the State
   Board of Medical Licensure and Supervision, or a Doctor of Osteopathy
   who is duly licensed to practice by the Oklahoma Board of Osteopathic
   Examiners, or a qualified examiner as defined in Section 1-103 of this
   title.
   
   For the purposes of this paragraph, "licensed" means that the person
   holds a current, valid license issued in accordance with the laws of
   this state;
   
   10. "Mental health evaluation" means an examination or evaluation of a
   child for the purpose of making a determination whether, in the
   opinion of the licensed mental health professional making the
   evaluation, the child is a child in need of mental health treatment
   and, if so, is in need of inpatient mental health treatment and for
   the purpose of preparing reports or making recommendations for the
   most appropriate and least restrictive treatment for the child;
   
   11. "Mental health facility" means a public or private hospital or
   related institution as defined by Section 1-701 of Title 63 of the
   Oklahoma Statutes offering or providing inpatient mental health
   services, a public or private facility accredited as an inpatient or
   residential psychiatric facility by the Joint Commission on
   Accreditation of Healthcare Organizations, or a facility operated by
   the Department of Mental Health and Substance Abuse Services and
   designated by the Commissioner of the Department of Mental Health and
   Substance Abuse Services as appropriate for the inpatient evaluation
   or treatment of children;
   
   12. "Mental illness" means a substantial disorder of the child's
   cognitive, volitional, or emotional processes that demonstrably and
   significantly impairs judgment or capacity to recognize reality or to
   control behavior. "Mental illness" may include substance abuse, which
   is the use, without compelling medical reason, of any substance which
   results in psychological or physiological dependency as a function of
   continued use in such a manner as to induce mental, emotional, or
   physical impairment and cause socially dysfunctional or socially
   disordering behavior;
   
   13. "Parent" means:
   
   a. a biological or adoptive parent who has legal custody of the child,
   including either parent if custody is shared under a joint decree or
   agreement, or
   
   b. a person judicially appointed as a legal guardian of the child, or
   
   c. a relative within the third degree of consanguinity who exercises
   the rights and responsibilities of legal custody by delegation from a
   parent, as provided by law;
   
   14. "Person responsible for the supervision of the case" means:
   
   a. when the child is a ward of the court and in the legal custody of a
   public or private child care agency, the caseworker or other person
   designated by the agency to supervise the case, or
   
   b. when the child is a ward of the court and under the court-ordered
   supervision of the Department of Human Services or a statutorily
   constituted juvenile bureau, the person designated by the Department
   of Human Services or juvenile bureau to supervise the case;
   
   15. "Prescreening" means a face-to-face mental health evaluation
   conducted by a licensed mental health professional to determine
   whether a child requires an inpatient evaluation or an emergency
   mental health admission and may include consultation with other mental
   health professionals and a review of all available records on the
   child;
   
   16. "Ward of the court" means a child adjudicated to be a deprived
   child, a child in need of supervision, or a delinquent child; and
   
   17. "Treatment" means any planned intervention intended to improve a
   child's functioning in those areas which show impairment as a result
   of mental illness.