27A-15-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Clinical evaluation," an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent, guardian, or other legal custodian, an examination of all relevant available records, a mental status examination of the minor, relevant social history information, and an examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation, including a full probe of the minor's background utilizing all relevant educational, treatment, and other public and private service provider sources;

(2)    "Independent clinical evaluation," a clinical evaluation of the minor performed by a qualified mental health professional who:

(a)    Is not currently involved in the diagnosis, treatment, or provision of services to the minor;

(b)    Is not an employee of the facility to which admission of the minor is sought or to which the minor has been admitted; and

(c)    Will not receive monetary benefit by the minor's admission to or continued stay in an inpatient psychiatric facility;

(3)    "Minor," a person under eighteen years of age except that for purposes of this title, the term does not include a person who is emancipated under Title 26 or who is married. Any person not included within this definition of minor shall come under this title's provisions which apply to adults;

(4)    "Parent," a biological or adoptive parent who has legal custody of the minor, including either parent if the parents have joint legal custody;

(5)    "Psychiatric evaluation," an examination conducted by a psychiatrist which includes the history of present illness, past history of medical and psychiatric illness, pertinent psychosocial history, and a mental status examination that enables the formulation of a diagnostic summary.

Source: SL 1991, ch 220, § 291; SL 1994, ch 255, § 1; SL 2000, ch 129, § 18.

27A-15-1.1. Serious emotional disturbance defined.

For the purposes of this chapter, an individual with a serious emotional disturbance is an individual who:

(1)    Is under eighteen years of age;

(2)    Exhibits behavior resulting in functional impairment which substantially interferes with, or limits the individual's role or functioning in the community, school, family, or peer group;

(3)    Has a mental disorder diagnosed under the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, 2013, or coding found in the International Classification of Diseases, 10th revision, Clinical Modification, 2015;

(4)    Has demonstrated a need for one or more special care services, in addition to mental health services; and

(5)    Has problems with a demonstrated or expected longevity of at least one year or has an impairment of short duration and high severity.

For purposes of this section, intellectual disability, epilepsy, other developmental disability, alcohol or substance abuse, brief period of intoxication, or criminal or delinquent behavior do not, alone, constitute a serious emotional disturbance.

Source: SL 1994, ch 255, § 2; SL 2000, ch 129, § 19; SL 2013, ch 125, § 7; SL 2016, ch 15, § 9; SL 2017, ch 120, § 1.