2005 Idaho Code - 16-2403 — DEFINITIONS

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH SERVICES
    16-2403.  DEFINITIONS. As used in this chapter:
    (1)  "Child" means an individual less than eighteen (18) years of age and
not emancipated by either marriage or legal proceeding.
    (2)  "Consistent with the least restrictive alternative principle" means
that services are delivered in the setting which places the fewest
restrictions on the personal liberty of the child, and provides the greatest
integration with individuals who do not have disabilities, in typical and age
appropriate, school, community and family environments, which is consistent
with safe, effective and cost-effective treatment for the child and family.
    (3)  "Department" means the department of health and welfare.
    (4)  "Designated examiner" means a psychiatrist, psychologist, psychiatric
nurse, or social worker and such other mental health professionals as may be
designated in accordance with rules promulgated pursuant to the provisions of
chapter 52, title 67, Idaho Code, by the department of health and welfare. Any
person designated by the department director will be specially qualified by
training and experience in the diagnosis and treatment of mental or mentally
related illnesses or conditions.
    (5)  "Director" means the director of the state department of health and
welfare.
    (6)  "Emergency" means a situation in which the child's condition, as
evidenced by recent behavior, poses a significant threat to the health or
safety of the child, his family or others, or poses a serious risk of
substantial deterioration in the child's condition which cannot be eliminated
by the use of supportive services or intervention by the child's parents, or
mental health professionals, and treatment in the community while the child
remains in his family home.
    (7)  "Informed consent to treatment" means a knowing and voluntary
decision to undergo a specific course of treatment, evidenced in writing, and
made by an emancipated child, or a child's parent, or guardian, who has the
capacity to make an informed decision, after the staff of the facility or
other provider of treatment have explained the nature and effects of the
proposed treatment.
    (8)  "Involuntary treatment" means treatment, services and placement of
children provided without consent of the parent of a child, under the
authority of a court order obtained pursuant to this chapter, as directed by
an order of disposition issued by a designated employee of the department of
health and welfare under section 16-2415, Idaho Code.
    (9)  "Lacks capacity to make an informed decision concerning treatment"
means that the parent is unable to understand the nature and effects of
hospitalization or treatment, or is unable to engage in a rational
decision-making process regarding such hospitalization or treatment, as
evidenced by an inability to weigh the risks and benefits, despite
conscientious efforts to explain them in terms that the parent can understand.
    (10) "Likely to cause harm to himself or to suffer substantial mental or
physical deterioration" means that, as evidenced by recent behavior, the
child:
    (a)  Is likely in the near future to inflict substantial physical injury
    upon himself; or
    (b)  Is likely to suffer significant deprivation of basic needs such as
    food, clothing, shelter, health or safety; or
    (c)  Will suffer a substantial increase or persistence of symptoms of
    mental illness or serious emotional disturbance which is likely to result
    in an inability to function in the community without risk to his safety or
    well-being or the safety or well-being of others, and which cannot be
    treated adequately with available home and community-based outpatient
    services.
    (11) "Likely to cause harm to others" means that, as evidenced by recent
behavior causing, attempting, or threatening such harm with the apparent
ability to complete the act, a child is likely to cause physical injury or
physical abuse to another person.
    (12) "Protection and advocacy system" means the agency designated by the
governor as the state protection and advocacy system pursuant to 42 U.S.C.
6042 and 42 U.S.C. 10801 et seq.
    (13) "Serious emotional disturbance" means an emotional or behavioral
disorder, or a neuropsychiatric condition  which results in a serious
disability, and which requires sustained treatment interventions, and causes
the child's functioning to be impaired in thought, perception, affect or
behavior. A disorder shall be considered to "result in a serious disability"
if it causes substantial impairment of functioning in family, school or
community. A substance abuse disorder does not, by itself, constitute a
serious emotional disturbance, although it may coexist with serious emotional
disturbance.
    (14) "Special therapy" means any treatment modality used to treat children
with serious emotional disturbances which is subject to restrictions or
special conditions imposed by the department of health and welfare rules.
    (15) "Surrogate parent" means any person appointed to act in the place of
the parent of a child for purposes of developing an individual education
program under the authority of the individuals with disabilities education
act, 20 U.S.C. 1400 et seq., as amended.
    (16) "Treatment facility" means a facility or program meeting applicable
licensing standards, that has been approved for the provisions of services
under this chapter by the department of health and welfare.