When used in this article, unless the context otherwise requires:
"Community services board" has the same meaning as provided in § 37.2-100.Whenever the term community services board appears, it shall includebehavioral health authority, as that term is defined in § 37.2-100.
"Consent" means the voluntary, express, and informed agreement totreatment in a mental health facility by a minor 14 years of age or older andby a parent or a legally authorized custodian.
"Designee of the local community services board" means an examinerdesignated by the local community services board who (i) is skilled in theassessment and treatment of mental illness, (ii) has completed acertification program approved by the Department of Behavioral Health andDevelopmental Services, (iii) is able to provide an independent examinationof the minor, (iv) is not related by blood, marriage, or adoption to, or isnot the legal guardian of, the minor being evaluated, (v) has no financialinterest in the admission or treatment of the minor being evaluated, (vi) hasno investment interest in the facility detaining or admitting the minor underthis article, and (vii) except for employees of state hospitals and of theU.S. Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who isskilled in the assessment and treatment of mental illness and has completed acertification program approved by the Department of Behavioral Health andDevelopmental Services.
"Incapable of making an informed decision" means unable to understand thenature, extent, or probable consequences of a proposed treatment or unable tomake a rational evaluation of the risks and benefits of the proposedtreatment as compared with the risks and benefits of alternatives to thetreatment. Persons with dysphasia or other communication disorders who arementally competent and able to communicate shall not be considered incapableof giving informed consent.
"Inpatient treatment" means placement for observation, diagnosis, ortreatment of mental illness in a psychiatric hospital or in any other type ofmental health facility determined by the Department of Behavioral Health andDevelopmental Services to be substantially similar to a psychiatric hospitalwith respect to restrictions on freedom and therapeutic intrusiveness.
"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.
"Judge" means a juvenile and domestic relations district judge. Inaddition, "judge" includes a retired judge sitting by designation pursuantto § 16.1-69.35, substitute judge, or special justice authorized by §37.2-803 who has completed a training program regarding the provisions ofthis article, prescribed by the Executive Secretary of the Supreme Court.
"Least restrictive alternative" means the treatment and conditions oftreatment which, separately and in combination, are no more intrusive orrestrictive of freedom than reasonably necessary to achieve a substantialtherapeutic benefit or to protect the minor or others from physical injury.
"Mental health facility" means a public or private facility for thetreatment of mental illness operated or licensed by the Department ofBehavioral Health and Developmental Services.
"Mental illness" means a substantial disorder of the minor's cognitive,volitional, or emotional processes that demonstrably and significantlyimpairs judgment or capacity to recognize reality or to control behavior."Mental illness" may include substance abuse, which is the use, withoutcompelling medical reason, of any substance which results in psychological orphysiological dependency as a function of continued use in such a manner asto induce mental, emotional, or physical impairment and cause sociallydysfunctional or socially disordering behavior. Mental retardation, headinjury, a learning disability, or a seizure disorder is not sufficient, initself, to justify a finding of mental illness within the meaning of thisarticle.
"Minor" means a person less than 18 years of age.
"Parent" means (i) a biological or adoptive parent who has legal custodyof the minor, including either parent if custody is shared under a jointdecree or agreement, (ii) a biological or adoptive parent with whom the minorregularly resides, (iii) a person judicially appointed as a legal guardian ofthe minor, or (iv) a person who exercises the rights and responsibilities oflegal custody by delegation from a biological or adoptive parent, uponprovisional adoption or otherwise by operation of law. The director of thelocal department of social services, or his designee, may stand as theminor's parent when the minor is in the legal custody of the local departmentof social services.
"Qualified evaluator" means a psychiatrist or a psychologist licensed inVirginia by either the Board of Medicine or the Board of Psychology, or ifsuch psychiatrist or psychologist is unavailable, (i) any mental healthprofessional licensed in Virginia through the Department of HealthProfessions as a clinical social worker, professional counselor, marriage andfamily therapist, psychiatric nurse practitioner, or clinical nursespecialist, or (ii) any mental health professional employed by a communityservices board. All qualified evaluators shall (a) be skilled in thediagnosis and treatment of mental illness in minors, (b) be familiar with theprovisions of this article, and (c) have completed a certification programapproved by the Department of Behavioral Health and Developmental Services.The qualified evaluator shall (1) not be related by blood, marriage, oradoption to, or is not the legal guardian of, the minor being evaluated, (2)not be responsible for treating the minor, (3) have no financial interest inthe admission or treatment of the minor, (4) have no investment interest inthe facility detaining or admitting the minor under this article, and (5)except for employees of state hospitals, the U.S. Department of VeteransAffairs, and community services boards, not be employed by the facility.
"Treatment" means any planned intervention intended to improve a minor'sfunctioning in those areas which show impairment as a result of mentalillness.
(1990, c. 975; 1991, c. 159; 2007, cc. 500, 897; 2008, cc. 139, 774; 2009,cc. 455, 555, 813, 840; 2010, cc. 778, 825.)
When used in this article, unless the context otherwise requires:
"Community services board" has the same meaning as provided in § 37.2-100.Whenever the term community services board appears, it shall includebehavioral health authority, as that term is defined in § 37.2-100.
"Consent" means the voluntary, express, and informed agreement totreatment in a mental health facility by a minor 14 years of age or older andby a parent or a legally authorized custodian.
"Designee of the local community services board" means an examinerdesignated by the local community services board who (i) is skilled in theassessment and treatment of mental illness, (ii) has completed acertification program approved by the Department of Behavioral Health andDevelopmental Services, (iii) is able to provide an independent examinationof the minor, (iv) is not related by blood, marriage, or adoption to, or isnot the legal guardian of, the minor being evaluated, (v) has no financialinterest in the admission or treatment of the minor being evaluated, (vi) hasno investment interest in the facility detaining or admitting the minor underthis article, and (vii) except for employees of state hospitals and of theU.S. Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who isskilled in the assessment and treatment of mental illness and has completed acertification program approved by the Department of Behavioral Health andDevelopmental Services.
"Incapable of making an informed decision" means unable to understand thenature, extent, or probable consequences of a proposed treatment or unable tomake a rational evaluation of the risks and benefits of the proposedtreatment as compared with the risks and benefits of alternatives to thetreatment. Persons with dysphasia or other communication disorders who arementally competent and able to communicate shall not be considered incapableof giving informed consent.
"Inpatient treatment" means placement for observation, diagnosis, ortreatment of mental illness in a psychiatric hospital or in any other type ofmental health facility determined by the Department of Behavioral Health andDevelopmental Services to be substantially similar to a psychiatric hospitalwith respect to restrictions on freedom and therapeutic intrusiveness.
"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.
"Judge" means a juvenile and domestic relations district judge. Inaddition, "judge" includes a retired judge sitting by designation pursuantto § 16.1-69.35, substitute judge, or special justice authorized by §37.2-803 who has completed a training program regarding the provisions ofthis article, prescribed by the Executive Secretary of the Supreme Court.
"Least restrictive alternative" means the treatment and conditions oftreatment which, separately and in combination, are no more intrusive orrestrictive of freedom than reasonably necessary to achieve a substantialtherapeutic benefit or to protect the minor or others from physical injury.
"Mental health facility" means a public or private facility for thetreatment of mental illness operated or licensed by the Department ofBehavioral Health and Developmental Services.
"Mental illness" means a substantial disorder of the minor's cognitive,volitional, or emotional processes that demonstrably and significantlyimpairs judgment or capacity to recognize reality or to control behavior."Mental illness" may include substance abuse, which is the use, withoutcompelling medical reason, of any substance which results in psychological orphysiological dependency as a function of continued use in such a manner asto induce mental, emotional, or physical impairment and cause sociallydysfunctional or socially disordering behavior. Mental retardation, headinjury, a learning disability, or a seizure disorder is not sufficient, initself, to justify a finding of mental illness within the meaning of thisarticle.
"Minor" means a person less than 18 years of age.
"Parent" means (i) a biological or adoptive parent who has legal custodyof the minor, including either parent if custody is shared under a jointdecree or agreement, (ii) a biological or adoptive parent with whom the minorregularly resides, (iii) a person judicially appointed as a legal guardian ofthe minor, or (iv) a person who exercises the rights and responsibilities oflegal custody by delegation from a biological or adoptive parent, uponprovisional adoption or otherwise by operation of law. The director of thelocal department of social services, or his designee, may stand as theminor's parent when the minor is in the legal custody of the local departmentof social services.
"Qualified evaluator" means a psychiatrist or a psychologist licensed inVirginia by either the Board of Medicine or the Board of Psychology, or ifsuch psychiatrist or psychologist is unavailable, (i) any mental healthprofessional licensed in Virginia through the Department of HealthProfessions as a clinical social worker, professional counselor, marriage andfamily therapist, psychiatric nurse practitioner, or clinical nursespecialist, or (ii) any mental health professional employed by a communityservices board. All qualified evaluators shall (a) be skilled in thediagnosis and treatment of mental illness in minors, (b) be familiar with theprovisions of this article, and (c) have completed a certification programapproved by the Department of Behavioral Health and Developmental Services.The qualified evaluator shall (1) not be related by blood, marriage, oradoption to, or is not the legal guardian of, the minor being evaluated, (2)not be responsible for treating the minor, (3) have no financial interest inthe admission or treatment of the minor, (4) have no investment interest inthe facility detaining or admitting the minor under this article, and (5)except for employees of state hospitals, the U.S. Department of VeteransAffairs, and community services boards, not be employed by the facility.
"Treatment" means any planned intervention intended to improve a minor'sfunctioning in those areas which show impairment as a result of mentalillness.
(1990, c. 975; 1991, c. 159; 2007, cc. 500, 897; 2008, cc. 139, 774; 2009,cc. 455, 555, 813, 840; 2010, cc. 778, 825.)
When used in this article, unless the context otherwise requires:
"Community services board" has the same meaning as provided in § 37.2-100.Whenever the term community services board appears, it shall includebehavioral health authority, as that term is defined in § 37.2-100.
"Consent" means the voluntary, express, and informed agreement totreatment in a mental health facility by a minor 14 years of age or older andby a parent or a legally authorized custodian.
"Designee of the local community services board" means an examinerdesignated by the local community services board who (i) is skilled in theassessment and treatment of mental illness, (ii) has completed acertification program approved by the Department of Behavioral Health andDevelopmental Services, (iii) is able to provide an independent examinationof the minor, (iv) is not related by blood, marriage, or adoption to, or isnot the legal guardian of, the minor being evaluated, (v) has no financialinterest in the admission or treatment of the minor being evaluated, (vi) hasno investment interest in the facility detaining or admitting the minor underthis article, and (vii) except for employees of state hospitals and of theU.S. Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who isskilled in the assessment and treatment of mental illness and has completed acertification program approved by the Department of Behavioral Health andDevelopmental Services.
"Incapable of making an informed decision" means unable to understand thenature, extent, or probable consequences of a proposed treatment or unable tomake a rational evaluation of the risks and benefits of the proposedtreatment as compared with the risks and benefits of alternatives to thetreatment. Persons with dysphasia or other communication disorders who arementally competent and able to communicate shall not be considered incapableof giving informed consent.
"Inpatient treatment" means placement for observation, diagnosis, ortreatment of mental illness in a psychiatric hospital or in any other type ofmental health facility determined by the Department of Behavioral Health andDevelopmental Services to be substantially similar to a psychiatric hospitalwith respect to restrictions on freedom and therapeutic intrusiveness.
"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.
"Judge" means a juvenile and domestic relations district judge. Inaddition, "judge" includes a retired judge sitting by designation pursuantto § 16.1-69.35, substitute judge, or special justice authorized by §37.2-803 who has completed a training program regarding the provisions ofthis article, prescribed by the Executive Secretary of the Supreme Court.
"Least restrictive alternative" means the treatment and conditions oftreatment which, separately and in combination, are no more intrusive orrestrictive of freedom than reasonably necessary to achieve a substantialtherapeutic benefit or to protect the minor or others from physical injury.
"Mental health facility" means a public or private facility for thetreatment of mental illness operated or licensed by the Department ofBehavioral Health and Developmental Services.
"Mental illness" means a substantial disorder of the minor's cognitive,volitional, or emotional processes that demonstrably and significantlyimpairs judgment or capacity to recognize reality or to control behavior."Mental illness" may include substance abuse, which is the use, withoutcompelling medical reason, of any substance which results in psychological orphysiological dependency as a function of continued use in such a manner asto induce mental, emotional, or physical impairment and cause sociallydysfunctional or socially disordering behavior. Mental retardation, headinjury, a learning disability, or a seizure disorder is not sufficient, initself, to justify a finding of mental illness within the meaning of thisarticle.
"Minor" means a person less than 18 years of age.
"Parent" means (i) a biological or adoptive parent who has legal custodyof the minor, including either parent if custody is shared under a jointdecree or agreement, (ii) a biological or adoptive parent with whom the minorregularly resides, (iii) a person judicially appointed as a legal guardian ofthe minor, or (iv) a person who exercises the rights and responsibilities oflegal custody by delegation from a biological or adoptive parent, uponprovisional adoption or otherwise by operation of law. The director of thelocal department of social services, or his designee, may stand as theminor's parent when the minor is in the legal custody of the local departmentof social services.
"Qualified evaluator" means a psychiatrist or a psychologist licensed inVirginia by either the Board of Medicine or the Board of Psychology, or ifsuch psychiatrist or psychologist is unavailable, (i) any mental healthprofessional licensed in Virginia through the Department of HealthProfessions as a clinical social worker, professional counselor, marriage andfamily therapist, psychiatric nurse practitioner, or clinical nursespecialist, or (ii) any mental health professional employed by a communityservices board. All qualified evaluators shall (a) be skilled in thediagnosis and treatment of mental illness in minors, (b) be familiar with theprovisions of this article, and (c) have completed a certification programapproved by the Department of Behavioral Health and Developmental Services.The qualified evaluator shall (1) not be related by blood, marriage, oradoption to, or is not the legal guardian of, the minor being evaluated, (2)not be responsible for treating the minor, (3) have no financial interest inthe admission or treatment of the minor, (4) have no investment interest inthe facility detaining or admitting the minor under this article, and (5)except for employees of state hospitals, the U.S. Department of VeteransAffairs, and community services boards, not be employed by the facility.
"Treatment" means any planned intervention intended to improve a minor'sfunctioning in those areas which show impairment as a result of mentalillness.
(1990, c. 975; 1991, c. 159; 2007, cc. 500, 897; 2008, cc. 139, 774; 2009,cc. 455, 555, 813, 840; 2010, cc. 778, 825.)
