South Carolina Code of Laws
Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment
Section 44-24-10. Definitions.

As used in this chapter:
(1) "Child" means a person under the age of eighteen years.
(2) "Child in need of emergency admission" means a child who is in need of treatment, who poses an imminent danger of seriously harming himself or others if not immediately hospitalized, and for whom immediate hospitalization can be obtained only through an involuntary emergency admission.
(3) "Child in need of judicial admission" means a child who is in need of treatment and for whom treatment can be obtained only through an involuntary judicial admission.
(4) "Child in need of treatment" means a child in need of mental health treatment who manifests a substantial disorder of cognitive or emotional processes, which lessens or impairs to a marked degree that child's capacity either to develop or to exercise age appropriate or age adequate behavior. The behavior includes, but is not limited to, marked disorders of mood or thought processes, severe difficulties with self-control and judgment including behavior dangerous to self or others, or serious disturbances in the ability to care for and relate to others. The presence of epilepsy, intellectual disability, organic brain syndrome, physical or sensory handicaps, or brief periods of intoxication caused by alcohol or other substances is not sufficient to meet the criteria for a child in need of treatment but does not exclude a child otherwise determined to fulfill the above criteria.
(5) "Court" means the probate court unless otherwise specified.
(6) "Crisis stabilization" means a short term placement to enable a child who has lost control to regain control in order to be returned to his previous placement or to an appropriate treatment facility or program.
(7) "Department" means the State Department of Mental Health.
(8) "Diagnostic evaluation" means the systematic appraisal of a child's functional level in various domains such as educational, social, and psychological to determine the nature and extent of treatment or services which may be required to meet the needs of the child.
(9) "In-home intervention" means comprehensive, individualized in-home family services which are designed to intervene at times when there is a possibility that the child will have to be removed from the home to a more restrictive environment or to prepare a family for a child's transition back into the home.
(10) "Law enforcement officer" means a state, county, or city police officer, officer of the South Carolina Highway Patrol, sheriff, or deputy sheriff.
(11) "Outpatient counseling" means a regularly scheduled goal-oriented intervention by a competent professional responsive to the needs of the child, for the purposes of assisting the child in solving problems related to educational, vocational, emotional, familial, and social issues through cognitive and affective modes.
(12) "Psychiatric assessment and evaluation" means a systematic appraisal, in accordance with generally accepted medical practices, for the following purposes: specialized psychiatric review of physiological phenomena, psychiatric diagnostic evaluation, psychiatric therapeutic evaluative services, and assessment of the appropriateness of initiating or continuing the use of psychotropic medications in treatment of a child.
(13) "Residential treatment program or facility" means a structured, supportive, and therapeutic residential program for a child in need of treatment.
(14) "Treatment team" means persons drawn from or representing the professional disciplines or service areas included in the development and implementation of a treatment plan.
(15) "Twenty-four hour emergency assessment" means diagnostic evaluation capabilities when necessary to determine a child's clinical status and needs.
HISTORY: 1991 Act No. 88, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment

Section 44-24-10. Definitions.

Section 44-24-20. Voluntary admission; notification of guardian ad litem.

Section 44-24-30. Admission of child sixteen or older as inpatient; determination of voluntariness; appointment of guardian ad litem.

Section 44-24-40. Discharge of voluntarily admitted child; grounds for not effecting discharge.

Section 44-24-50. Periodic notification to voluntarily admitted child and parent or guardian of right to release.

Section 44-24-60. Emergency admission of child to inpatient hospital.

Section 44-24-70. Taking custody of child needing emergency admission.

Section 44-24-80. Transportation of child to hospital; parent's or guardian's request to accompany child.

Section 44-24-90. Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.

Section 44-24-100. Notice of hearing for emergency or judicial admission.

Section 44-24-110. Examiners' reports; disposition of child when report does not recommend judicial admission, recommends judicial admission, or is divided.

Section 44-24-120. Removal of proceedings to another county.

Section 44-24-130. Hearing; location; testimony; rules of evidence; transcript.

Section 44-24-140. Determination after presentation of evidence.

Section 44-24-150. Psychiatric evaluations of children; notification of victims.

Section 44-24-160. Examination and review of child admitted to inpatient program; program of care and treatment.

Section 44-24-170. Right to reexamination; notice of right; proceedings upon petition for reexamination.

Section 44-24-180. Court review of case of child involuntarily admitted.

Section 44-24-190. Notification to court when child moved to different program; court approval for move to more restrictive program; placement in crisis stabilization.

Section 44-24-200. Unauthorized absence of child from facility or residential program.

Section 44-24-210. Unlawful to remove child from inpatient facility or residential program without authorization.

Section 44-24-220. Requirement of discharge planning and continuity of service in community.

Section 44-24-230. Provision of community-based treatment as alternative to hospitalization.

Section 44-24-240. Agencies to participate in planning and provision of services; exchange of records.

Section 44-24-250. Consultation with parent or guardian; participation in or cooperation with treatment.

Section 44-24-260. Child's right to communicate, consult, or visit with agency or person having custody, with counsel, or with private mental health service provider.

Section 44-24-270. Personal, civil, and property rights of child in treatment program.

Section 44-24-280. Use of restraint, seclusion, or physical coercion; corporal punishment prohibited.