# Idaho Code § 16-2403: 16-2403 DEFINITIONS > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2403 ## Section - **Citation:** Idaho Code § 16-2403 - **Heading:** 16-2403 DEFINITIONS - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 16 / Chapter 24 / Section 16-2403 ## Text 16-2403. Definitions. As used in this chapter: (1) "Child" means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. (2) "Consistent with the least restrictive alternative principle" means that services are delivered in the setting that places the fewest restrictions on the personal liberty of the child and that provides the greatest integration with individuals who do not have disabilities, in typical and age-appropriate school, community and family environments, which is consistent with safe, effective and cost-effective treatment for the child and family. (3) "Department" means the department of health and welfare. (4) "Designated examiner" means an individual who meets the qualifications pursuant to section 66-323, Idaho Code. (5) "Director" means the director of the state department of health and welfare. (6) "Eligibility screening" means the collection and review of information directly related to the applicant's mental health and level of functioning that the department uses to determine whether an applicant is eligible for children's mental health services available through the department. (7) "Emergency" means a situation in which the child's condition, as evidenced by recent behavior, poses a significant threat to the health or safety of the child, his family or others, or poses a serious risk of substantial deterioration in the child's condition which cannot be eliminated by the use of supportive services or intervention by the child's parents, or mental health professionals, and treatment in the community while the child remains in his family home. (8) "Informed consent to treatment" means a knowing and voluntary decision to undergo a specific course of treatment, evidenced in writing, and made by an emancipated child, or a child's parent, or guardian, who has the capacity to make an informed decision, after the staff of the facility or other provider of treatment has explained the nature and effects of the proposed treatment. (9) "Involuntary treatment" means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code. (10) "Lacks capacity to make an informed decision concerning treatment" means that the parent is unable to understand the nature and effects of hospitalization or treatment, or is unable to engage in a rational decision-making process regarding such hospitalization or treatment, as evidenced by an inability to weigh the risks and benefits, despite conscientious efforts to explain them in terms that the parent can understand. (11) "Likely to cause harm to himself or to suffer substantial mental or physical deterioration" means that, as evidenced by recent behavior, the child: (a) Is likely in the near future to inflict substantial physical injury upon himself; (b) Is likely to suffer significant deprivation of basic needs such as food, clothing, shelter, health or safety; or in terms that the parent can understand. (11) "Likely to cause harm to himself or to suffer substantial mental or physical deterioration" means that, as evidenced by recent behavior, the child: (a) Is likely in the near future to inflict substantial physical injury upon himself; (b) Is likely to suffer significant deprivation of basic needs such as food, clothing, shelter, health or safety; or (c) Will suffer a substantial increase or persistence of symptoms of mental illness or serious emotional disturbance which is likely to result in an inability to function in the community without risk to his safety or well-being or the safety or well-being of others, and which cannot be treated adequately with available home and community-based outpatient services. (12) "Likely to cause harm to others" means that, as evidenced by recent behavior causing, attempting, or threatening such harm with the apparent ability to complete the act, a child is likely to cause physical injury or physical abuse to another person. (13) "Parent" means a person who, by birth or through adoption, is considered legally responsible for a child. The term "guardian" is not included in the definition of parent. (14) "Protection and advocacy system" means the agency designated by the governor as the state protection and advocacy system pursuant to 42 U.S.C. 6042 and 42 U.S.C. 10801 et seq. (15) "Serious emotional disturbance" means a diagnostic and statistical manual of mental disorders (DSM) diagnosable mental health, emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child's functioning to be impaired in thought, perception, affect or behavior. A disorder shall be considered to "result in a serious disability" if it causes substantial impairment of functioning in family, school or community that is measured by and documented through the use of a standardized instrument approved by the department and conducted or supervised by a qualified clinician. A substance abuse disorder does not, by itself, constitute a serious emotional disturbance, although it may coexist with serious emotional disturbance. (16) "Special therapy" means any treatment modality used to treat children with serious emotional disturbances which is subject to restrictions or special conditions imposed by the department of health and welfare rules. (17) "Surrogate parent" means any person appointed to act in the place of the parent of a child for purposes of developing an individual education program under the authority of the individuals with disabilities education act, 20 U.S.C. 1400 et seq., as amended. (18) "Teens at risk" means individuals attending Idaho secondary public schools who have been identified as expressing or exhibiting indications of depression, suicidal inclination, emotional trauma, substance abuse or other behaviors or symptoms that indicate the existence of, or that may lead to, the development of mental illness or substance abuse. (19) "Treatment facility" means a facility or program meeting applicable licensing standards that has been approved for the provision of services under this chapter by the department of health and welfare. History: [16-2403, added 1997, ch. 404, sec. 1, p. 1284; am. 2003, ch. 249, sec. 1, p. 642; am. 2007, ch. 309, sec. 1, p. 870; am. 2008, ch. 219, sec. 1, p. 678; am. 2019, ch. 46, sec. 1, p. 126; am. 2025, ch. 110, sec. 1, p. 574; am. 2025, ch. 178, sec. 1, p. 841.] ## Nearby sections - [Idaho Code § 16-2401 16-2401 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2401.md) - [Idaho Code § 16-2402 16-2402 LEGISLATIVE PURPOSES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2402.md) - [Idaho Code § 16-2403 16-2403 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2403.md) - [Idaho Code § 16-2404 16-2404 COMMUNITY SERVICES AND SUPPORTS AND INTERAGENCY COLLABORATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2404.md) - [Idaho Code § 16-2404A 16-2404A TEEN EARLY INTERVENTION MENTAL HEALTH AND SUBSTANCE ABUSE SPECIALIST PROGRAM.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2404A.md) - [Idaho Code § 16-2405 16-2405 CHARGES TO PARENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2405.md) - [Idaho Code § 16-2406 16-2406 ACCESS TO SERVICES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2406.md) - [Idaho Code § 16-2406A 16-2406A DETERMINATION OF ELIGIBILITY FOR MENTAL HEALTH SERVICES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2406A.md) - [Idaho Code § 16-2407 16-2407 VOLUNTARY ADMISSION TO HOSPITAL OR RESIDENTIAL TREATMENT FACILITY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2407.md) - [Idaho Code § 16-2408 16-2408 DISCHARGE OR PETITION FOR ONE HUNDRED TWENTY DAY TREATMENT ORDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2408.md) - [Idaho Code § 16-2409 16-2409 CONVERSION FROM INVOLUNTARY TO VOLUNTARY STATUS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2409.md) - [Idaho Code § 16-2410 16-2410 REVIEW OF VOLUNTARY ADMISSION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2410.md) - [Idaho Code § 16-2411 16-2411 EMERGENCY MENTAL HEALTH RESPONSE AND EVALUATION — TEMPORARY DETENTION BY A PEACE OFFICER OR HEALTH CARE PROFESSIONAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2411.md) - [Idaho Code § 16-2412 16-2412 EMERGENCY TREATMENT UPON CERTIFICATION BY DESIGNATED EXAMINER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2412.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T16_C24_S16-2403. 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