In this chapter, unless the context otherwise requires:

Terms Used In North Dakota Code 25-03.2-01

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

1.    “Child” or “children” means a person or persons under the age of twenty-one.

2.    “Clinical supervision” means the oversight responsibility for individual treatment plans and individual service delivery.

3.    “Department” means the department of health and human services.

4.    “Diagnostic assessment” means a written summary of the history, diagnosis, and individual treatment needs of a mentally ill person using diagnostic, interview, and other relevant assessment techniques.

5.    “Individual treatment plan” means a written plan of intervention, treatment, and services for a mentally ill person that is developed under the clinical supervision of a mental health professional on the basis of a diagnostic assessment.

6.    “Mentally ill person” has the same meaning provided for in section 25-03.1-02.

7.    “Psychiatric residential treatment facility for children” means a facility or a distinct part of a facility that provides to children a total, twenty-four hour, therapeutic environment integrating group living, educational services, and a clinical program based upon a comprehensive, interdisciplinary clinical assessment, and an individualized treatment plan that meets the needs of the child and family. The services are available to children in need of and able to respond to active psychotherapeutic intervention and who cannot be effectively treated in their own family, in another home, or in a less restrictive setting. The facility must meet the requirements of a psychiatric residential treatment facility as set out in title 42, Code of Federal Regulations, part 483.352.

8.    “Residential treatment” means a twenty-four hour a day program under the clinical supervision of a mental health professional, in a community residential setting other than an acute care hospital, for the active treatment of mentally ill persons.

9.    “Serious risk of harm” means a substantial likelihood of:

a.    Suicide, as manifested by current suicidal threats, attempts, or significant depression creating immediate risk of suicide; b.    Killing or inflicting serious bodily harm to self or another person, as manifested by current act; or

c.    Substantial deterioration in physical health or substantial injury, disease, or death based on current poor self-control or judgment.