Okla. Stat. tit. 43A, § 43A-5-502

As used in the Inpatient Mental Health and Substance Abuse

Treatment of Minors Act:

1. "Minor" means any person under eighteen (18) years of age;

2. a. "Minor in need of treatment" means a minor who because

of his or her mental illness or drug or alcohol

dependency:

(1) poses a substantial risk of physical harm to self

in the near future as manifested by evidence of

serious threats of or attempts at suicide or

other significant self-inflicted bodily harm,

(2) poses a substantial risk of physical harm to

another person or persons in the near future as

manifested by evidence of violent behavior

directed toward another person or persons,

(3) has placed another person or persons in a

reasonable fear of violent behavior or serious

physical harm directed toward such person or

persons as manifested by serious and immediate

threats,

(4) is in a condition of severe deterioration such

that, without intervention, there exists a

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substantial risk that severe impairment or injury

to the minor will result in the near future, or

(5) poses a substantial risk of serious physical

injury to self or death in the near future as

manifested by evidence that the minor is unable

to provide for and is not providing for his or

her basic physical needs.

b. The mental health or substance abuse history of the

minor may be used as part of the evidence to determine

whether the minor is a minor in need of treatment as

defined in this section. The mental health or

substance abuse history of the minor shall not be the

sole basis for this determination.

c. The term "minor in need of treatment" shall not mean a

minor afflicted with epilepsy, a 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 minor also meets the

criteria for a minor in need of treatment pursuant to

subparagraph a or b of this paragraph;

3. "Consent" means the voluntary, express, and informed

agreement to treatment in a mental health facility by a minor

sixteen (16) years of age or older or by a parent of the minor;

4. "Individualized treatment plan" means a specific plan for

the care and treatment of an individual minor who requires inpatient

mental health treatment. The plan shall be developed with maximum

involvement of the family of the minor, consistent with the desire

of the minor for confidentiality and with the treatment needs of the

minor, and shall clearly include the following:

a. a statement of the presenting problems of the minor,

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, and

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d. documentation of the involvement of the minor or the

parent of the minor or legal custodian in the

development of the treatment plan and whether all

persons have consented to such plan;

5. "Inpatient treatment" means treatment services offered or

provided for a continuous period of more than twenty-four (24) hours

in residence after admission to a mental health or substance abuse

treatment facility for the purpose of observation, evaluation or

treatment;
e minor or legal custodian in the

development of the treatment plan and whether all

persons have consented to such plan;

5. "Inpatient treatment" means treatment services offered or

provided for a continuous period of more than twenty-four (24) hours

in residence after admission to a mental health or substance abuse

treatment facility for the purpose of observation, evaluation or

treatment;

6. "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 minor, or to

protect the minor or others from physical injury;

7. "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 minor 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 Section 1-1-105 of Title 10A of the Oklahoma

Statutes, through a program established and specifically designed to

meet the needs of minors in need of mental health treatment, or a

combination thereof;

8. "Licensed mental health professional" means a person who 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 or American

Osteopathic Board of Neurology and Psychiatry,

b. a physician licensed pursuant to the Oklahoma

Allopathic Medical and Surgical Licensure and

Supervision Act or the Oklahoma Osteopathic Medicine

Act,

c. a clinical psychologist who is duly licensed to

practice by the State Board of Examiners of

Psychologists,

d. a professional counselor licensed pursuant to the

Licensed Professional Counselors Act,

e. a person licensed as a clinical social worker pursuant

to the provisions of the Licensed Social Workers Act,

f. a licensed marital and family therapist as defined in

the Marital and Family Therapist Licensure Act,

g. a licensed behavioral practitioner as defined in the

Licensed Behavioral Practitioner Act,

h. an advanced practice nurse, as defined in the Oklahoma

Nursing Practice Act, specializing in mental health,

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i. a physician assistant, who is licensed in good

standing in this state, or

j. a licensed alcohol and drug counselor/mental health

(LADC/MH) as defined in the Licensed Alcohol and Drug

Counselors Act.

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;

9. "Mental health evaluation" means an examination or

evaluation of a minor for the purpose of making a determination

whether, in the opinion of the licensed mental health professional

making the evaluation, the minor is a minor in need of treatment

and, if so, is in need of inpatient treatment and for the purpose of

preparing reports or making recommendations for the most appropriate

and least restrictive treatment for the minor;

10. "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 minors;

11. "Mental illness" means a substantial disorder of the
tric 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 minors;

11. "Mental illness" means a substantial disorder of the

child's thought, mood, perception, psychological orientation or

memory that demonstrably and significantly impairs judgment,

behavior or capacity to recognize reality or to meet the ordinary

demands of life. "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;

12. "Parent" means:

a. a biological or adoptive parent who has legal custody

of the minor or has visitation rights,

b. a person judicially appointed as a legal guardian or

custodian of the minor, 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;

13. "Person responsible for the supervision of the case" means:

a. when the minor is in the legal custody of a private

child care agency, the Department of Human Services or

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the Office of Juvenile Affairs, the caseworker or

other person designated by the agency to supervise the

case, or

b. when the minor is a ward of the court and under the

court-ordered supervision of the Department of Human

Services, the Office of Juvenile Affairs or a

statutorily constituted juvenile bureau, the person

designated by the Department of Human Services, the

Office of Juvenile Affairs or juvenile bureau to

supervise the case;

14. "Initial assessment (medical necessity review)" means the

examination of current and recent behaviors and symptoms of a minor

who appears to be mentally ill, alcohol-dependent, or drug-dependent

and a minor requiring treatment, whose condition is such that it

appears that emergency detention may be warranted by a licensed

mental health professional at a facility approved by the

Commissioner of Mental Health and Substance Abuse Services, or a

designee, as appropriate for such examination to determine if

emergency detention of the minor is warranted, and whether admission

for inpatient mental illness or drug- or alcohol-dependence

treatment or evaluation constitutes the least restrictive level of

care necessary;

15. "Ward of the court" means a minor adjudicated to be a

deprived child, a child in need of supervision, or a delinquent

child;

16. "Treatment" means any planned intervention intended to

improve the functioning of a minor in those areas which show

impairment as a result of mental illness or drug or alcohol

dependence; and

17. "Prehearing detention order" means a court order that

authorizes a facility to detain a minor pending a hearing on a

petition to determine whether the minor is a minor in need of

treatment.