Section 43-27-101 - Definitions applicable to Sections 43-27-101 and 43-27-103For purposes of Sections 43-27-101 and 43-27-103, the following words shall have the meanings ascribed in this section, unless the context requires otherwise:
(a) "Child or youth in the custody of the Department of Human Services" means an individual: (i) Who has not yet reached his eighteenth birthday;(ii) Who has been legally placed in the custody of the Department of Human Services by the youth court and for whom custody with the Department of Human Services was not sought by the parents or legal custodians or guardians for the parents' or legal custodians' or guardians' legal responsibilities to relieve themselves of the responsibility for paying for treatment for a child or youth; and(iii) Who is unable to be maintained with the family or legal guardians or custodians due to his or her need for specialized care.(b) "Child or youth under the supervision of the Department of Child Protection Services" means an individual:(i) Who has not yet reached his eighteenth birthday; and(ii) Who has been referred for abuse or neglect and for whom a case has been opened and is active in the Department of Child Protection Services.(c) "Plan of care" means a written plan of services needed to be provided for a child or youth and his or her family in order to provide the special care or services required.(d) "Special needs crisis" means: (i) Conduct or behavioral problems of such a severe nature and level that family or parental violence, abuse, and/or neglect pose an imminent threat or are present; or(ii) Conduct or behavioral problems of such a severe nature and level that family or parental violence, abuse, and/or neglect pose an imminent threat or are present.(e) "Specialized care" means: (i) "Self care," which means the ability to provide, sustain and protect himself or herself at a level appropriate to his or her age;(ii) "Interpersonal relationships," which means the ability to build and maintain satisfactory relationships with peers and adults;(iii) "Family life," which means the capacity to live in a family or family-type environment;(iv) "Self direction," which means the child's ability to control his or her behavior and to make decisions in a manner appropriate to his or her age;(v) "Education," which means the ability to learn social and intellectual skill from teachers in an available educational setting.(f) "Special needs child" means a child with a variety of handicapping conditions or disabilities, including emotional or severely emotional disorders. These conditions or disabilities present the need for special medical attention, supervision and therapy on a very regimented basis.Laws, 1994, ch. 649, § 17, eff. 7/1/1994.Amended by Laws, 2023, ch. 516, HB 1149,§ 66, eff. 7/1/2023.