KRS 645.020: Definitions for chapter.

The definitions in KRS Chapter 600 shall apply to this chapter. In addition, unless the

context requires otherwise:

(1) "Convalescent leave" means an authorized release not to exceed ninety (90) days of

a child admitted to a hospital under this chapter;

(2) "Danger to self or others" means that it is shown by substantial proof that in the near

future the child may attempt suicide or may cause substantial physical harm or

threat of substantial physical harm to self or others, as evidenced by recent threats

or overt acts, including acts by which the child deprives self or others of the basic

means of survival, including reasonable shelter, food or clothing. In determining

whether a child presents a danger to self, factors to be considered shall include, but

shall not be limited to, an established pattern of past dangerous behavior;

(3) "Hospital" means a licensed private or public institution, health care facility, or part

thereof, approved by the cabinet to treat children who are mentally ill;

(4) "Least restrictive alternative" means the treatment and conditions of treatment for a

child which, separately and in combination:

(a) Are no more harsh, hazardous or intrusive than necessary to achieve

acceptable treatment objectives for the child; and

(b) Involve no inpatient care restrictions on physical movement except as

reasonably necessary for the administration of treatment or for the protection

of the child or others from physical injury.

In determining the least restrictive alternative, factors to be considered shall include,

but not be limited to, the likelihood, based on the child's prior outpatient treatment,

that the child will benefit from outpatient treatment;

(5) "Mental health facility" means a residential or nonresidential service providing

children psychological or psychiatric treatment for emotional, mental, or behavioral

problems;

(6) "Mental health group home" means a community -based facility established to serve

not less than four (4) nor more than eight (8) mentally ill children with a treatment

program developed and supervised by a qualified mental health professional.

Mental health group homes shall not be adjacent to or part of a residential treatment

facility or a hospital;

(7) "Mental health professional" means:

(a) A physician licensed under the laws of Kentucky to practice medicine or

osteopathy, or a medical officer of the government of the United States while

engaged in conducting mental health services;

(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or

osteopathy, or a medical officer of the government of the United States

engaged in conducting mental health services;

(c) A psychologist, a psychological practitioner, a certified psychologist, or a

psychological associate, licensed under the provisions of KRS Chapter 319;

(d) A registered nurse licensed under the provisions of KRS Chapter 314 engaged

in providing mental health services;

(e) A licensed clinical social worker licensed under the provisions of KRS

335.100, or a certified social worker licensed under the provisions of KRS

335.080 engaged in providing mental health services;

(f) A marriage and family therapist licensed under the provisions of KRS 335.300

to 335.399 engaged in providing mental health services;

(g) A professional counselor credentialed under the provisions of KRS Chapter

335.500 to 335.599 engaged in providing mental health services;

(h) An art therap ist certified under KRS 309.130 engaged in providing mental

health services; or

(i) A pastoral counselor licensed under the provisions of KRS 335.600 to

335.699 engaged in providing mental health services; and

(8) "Mentally ill child" means that considerin g the child's age and development, the

child has a substantially impaired capacity to use self -control, judgment or

discretion in the conduct of the child's affairs and social relations, the child's

behavior is maladaptive or the child exhibits recognized emotional symptoms which

can be related to physiological, psychological or social factors.