{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-502","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-502","heading":"Definitions","body":"As used in the Inpatient Mental Health and Substance Abuse\n\nTreatment of Minors Act:\n\n1. \"Minor\" means any person under eighteen (18) years of age;\n\n2. a. \"Minor in need of treatment\" means a minor who because\n\nof his or her mental illness or drug or alcohol\n\ndependency:\n\n(1) poses a substantial risk of physical harm to self\n\nin the near future as manifested by evidence of\n\nserious threats of or attempts at suicide or\n\nother significant self-inflicted bodily harm,\n\n(2) poses a substantial risk of physical harm to\n\nanother person or persons in the near future as\n\nmanifested by evidence of violent behavior\n\ndirected toward another person or persons,\n\n(3) has placed another person or persons in a\n\nreasonable fear of violent behavior or serious\n\nphysical harm directed toward such person or\n\npersons as manifested by serious and immediate\n\nthreats,\n\n(4) is in a condition of severe deterioration such\n\nthat, without intervention, there exists a\n\nsubstantial risk that severe impairment or injury\n\nto the minor will result in the near future, or\n\n(5) poses a substantial risk of serious physical\n\ninjury to self or death in the near future as\n\nmanifested by evidence that the minor is unable\n\nto provide for and is not providing for his or\n\nher basic physical needs.\n\nb. The mental health or substance abuse history of the\n\nminor may be used as part of the evidence to determine\n\nwhether the minor is a minor in need of treatment as\n\ndefined in this section. The mental health or\n\nsubstance abuse history of the minor shall not be the\n\nsole basis for this determination.\n\nc. The term \"minor in need of treatment\" shall not mean a\n\nminor afflicted with epilepsy, a developmental\n\ndisability, organic brain syndrome, physical\n\nhandicaps, brief periods of intoxication caused by\n\nsuch substances as alcohol or drugs or who is truant\n\nor sexually active unless the minor also meets the\n\ncriteria for a minor in need of treatment pursuant to\n\nsubparagraph a or b of this paragraph;\n\n3. \"Consent\" means the voluntary, express, and informed\n\nagreement to treatment in a mental health facility by a minor\n\nsixteen (16) years of age or older or by a parent of the minor;\n\n4. \"Individualized treatment plan\" means a specific plan for\n\nthe care and treatment of an individual minor who requires inpatient\n\nmental health treatment. The plan shall be developed with maximum\n\ninvolvement of the family of the minor, consistent with the desire\n\nof the minor for confidentiality and with the treatment needs of the\n\nminor, and shall clearly include the following:\n\na. a statement of the presenting problems of the minor,\n\nshort- and long-term treatment goals and the estimated\n\ndate of discharge. The short- and long-term goals\n\nshall be based upon a clinical evaluation and shall\n\ninclude specific behavioral and emotional goals\n\nagainst which the success of treatment can be\n\nmeasured,\n\nb. treatment methods and procedures to be used to achieve\n\nthese goals, which methods and procedures are related\n\nto each of these goals and which include, but are not\n\nlimited to, specific prognosis for achieving each of\n\nthese goals,\n\nc. identification of the types of professional personnel\n\nwho will carry out the treatment procedures including,\n\nbut not limited to, appropriate licensed mental health\n\nprofessionals, education professionals, and other\n\nhealth or social service professionals, and\n\nd. documentation of the involvement of the minor or the\n\nparent of the minor or legal custodian in the\n\ndevelopment of the treatment plan and whether all\n\npersons have consented to such plan;\n\n5. \"Inpatient treatment\" means treatment services offered or\n\nprovided for a continuous period of more than twenty-four (24) hours\n\nin residence after admission to a mental health or substance abuse\n\ntreatment facility for the purpose of observation, evaluation or\n\ntreatment;\ne minor or legal custodian in the\n\ndevelopment of the treatment plan and whether all\n\npersons have consented to such plan;\n\n5. \"Inpatient treatment\" means treatment services offered or\n\nprovided for a continuous period of more than twenty-four (24) hours\n\nin residence after admission to a mental health or substance abuse\n\ntreatment facility for the purpose of observation, evaluation or\n\ntreatment;\n\n6. \"Least restrictive alternative\" means the treatment and\n\nconditions of treatment which, separately and in combination, are no\n\nmore intrusive or restrictive of freedom than reasonably necessary\n\nto achieve a substantial therapeutic benefit to the minor, or to\n\nprotect the minor or others from physical injury;\n\n7. \"Less restrictive alternative to inpatient treatment\" means\n\nand includes, but is not limited to, outpatient counseling services,\n\nincluding services provided in the home of the minor and which may\n\nbe referred to as \"home-based services\", day treatment or day\n\nhospitalization services, respite care, or foster care or group home\n\ncare, as defined by Section 1-1-105 of Title 10A of the Oklahoma\n\nStatutes, through a program established and specifically designed to\n\nmeet the needs of minors in need of mental health treatment, or a\n\ncombination thereof;\n\n8. \"Licensed mental health professional\" means a person who is\n\nnot related by blood or marriage to the person being examined or\n\ndoes not have any interest in the estate of the person being\n\nexamined, and who is:\n\na. a psychiatrist who is a diplomate of the American\n\nBoard of Psychiatry and Neurology or American\n\nOsteopathic Board of Neurology and Psychiatry,\n\nb. a physician licensed pursuant to the Oklahoma\n\nAllopathic Medical and Surgical Licensure and\n\nSupervision Act or the Oklahoma Osteopathic Medicine\n\nAct,\n\nc. a clinical psychologist who is duly licensed to\n\npractice by the State Board of Examiners of\n\nPsychologists,\n\nd. a professional counselor licensed pursuant to the\n\nLicensed Professional Counselors Act,\n\ne. a person licensed as a clinical social worker pursuant\n\nto the provisions of the Licensed Social Workers Act,\n\nf. a licensed marital and family therapist as defined in\n\nthe Marital and Family Therapist Licensure Act,\n\ng. a licensed behavioral practitioner as defined in the\n\nLicensed Behavioral Practitioner Act,\n\nh. an advanced practice nurse, as defined in the Oklahoma\n\nNursing Practice Act, specializing in mental health,\n\ni. a physician assistant, who is licensed in good\n\nstanding in this state, or\n\nj. a licensed alcohol and drug counselor/mental health\n\n(LADC/MH) as defined in the Licensed Alcohol and Drug\n\nCounselors Act.\n\nFor the purposes of this paragraph, \"licensed\" means that the person\n\nholds a current, valid license issued in accordance with the laws of\n\nthis state;\n\n9. \"Mental health evaluation\" means an examination or\n\nevaluation of a minor for the purpose of making a determination\n\nwhether, in the opinion of the licensed mental health professional\n\nmaking the evaluation, the minor is a minor in need of treatment\n\nand, if so, is in need of inpatient treatment and for the purpose of\n\npreparing reports or making recommendations for the most appropriate\n\nand least restrictive treatment for the minor;\n\n10. \"Mental health facility\" means a public or private hospital\n\nor related institution as defined by Section 1-701 of Title 63 of\n\nthe Oklahoma Statutes offering or providing inpatient mental health\n\nservices, a public or private facility accredited as an inpatient or\n\nresidential psychiatric facility by the Joint Commission on\n\nAccreditation of Healthcare Organizations, or a facility operated by\n\nthe Department of Mental Health and Substance Abuse Services and\n\ndesignated by the Commissioner of the Department of Mental Health\n\nand Substance Abuse Services as appropriate for the inpatient\n\nevaluation or treatment of minors;\n\n11. \"Mental illness\" means a substantial disorder of the\ntric facility by the Joint Commission on\n\nAccreditation of Healthcare Organizations, or a facility operated by\n\nthe Department of Mental Health and Substance Abuse Services and\n\ndesignated by the Commissioner of the Department of Mental Health\n\nand Substance Abuse Services as appropriate for the inpatient\n\nevaluation or treatment of minors;\n\n11. \"Mental illness\" means a substantial disorder of the\n\nchild's thought, mood, perception, psychological orientation or\n\nmemory that demonstrably and significantly impairs judgment,\n\nbehavior or capacity to recognize reality or to meet the ordinary\n\ndemands of life. \"Mental illness\" may include substance abuse,\n\nwhich is the use, without compelling medical reason, of any\n\nsubstance which results in psychological or physiological dependency\n\nas a function of continued use in such a manner as to induce mental,\n\nemotional, or physical impairment and cause socially dysfunctional\n\nor socially disordering behavior;\n\n12. \"Parent\" means:\n\na. a biological or adoptive parent who has legal custody\n\nof the minor or has visitation rights,\n\nb. a person judicially appointed as a legal guardian or\n\ncustodian of the minor, or\n\nc. a relative within the third degree of consanguinity\n\nwho exercises the rights and responsibilities of legal\n\ncustody by delegation from a parent, as provided by\n\nlaw;\n\n13. \"Person responsible for the supervision of the case\" means:\n\na. when the minor is in the legal custody of a private\n\nchild care agency, the Department of Human Services or\n\nthe Office of Juvenile Affairs, the caseworker or\n\nother person designated by the agency to supervise the\n\ncase, or\n\nb. when the minor is a ward of the court and under the\n\ncourt-ordered supervision of the Department of Human\n\nServices, the Office of Juvenile Affairs or a\n\nstatutorily constituted juvenile bureau, the person\n\ndesignated by the Department of Human Services, the\n\nOffice of Juvenile Affairs or juvenile bureau to\n\nsupervise the case;\n\n14. \"Initial assessment (medical necessity review)\" means the\n\nexamination of current and recent behaviors and symptoms of a minor\n\nwho appears to be mentally ill, alcohol-dependent, or drug-dependent\n\nand a minor requiring treatment, whose condition is such that it\n\nappears that emergency detention may be warranted by a licensed\n\nmental health professional at a facility approved by the\n\nCommissioner of Mental Health and Substance Abuse Services, or a\n\ndesignee, as appropriate for such examination to determine if\n\nemergency detention of the minor is warranted, and whether admission\n\nfor inpatient mental illness or drug- or alcohol-dependence\n\ntreatment or evaluation constitutes the least restrictive level of\n\ncare necessary;\n\n15. \"Ward of the court\" means a minor adjudicated to be a\n\ndeprived child, a child in need of supervision, or a delinquent\n\nchild;\n\n16. \"Treatment\" means any planned intervention intended to\n\nimprove the functioning of a minor in those areas which show\n\nimpairment as a result of mental illness or drug or alcohol\n\ndependence; and\n\n17. \"Prehearing detention order\" means a court order that\n\nauthorizes a facility to detain a minor pending a hearing on a\n\npetition to determine whether the minor is a minor in need of\n\ntreatment.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b3c959cb51c2e5de52dbcf930909ef1939d1769df7c4c16896ecde0d34d5280c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-501","next":"us-ok/okla.-stat.-tit.-43a-43a-5-503"},"notice":"GroundRules: Original legal text. Not legal advice."}