§ 5-128. Mentally ill and developmentally disabled children.
A. If it appears from the evidence presented at an adjudicatory hearing or otherwise that the child may be mentally ill or developmentally disabled, as these terms are defined in this section, the Court shall order that the child be examined by a physician, psychiatrist or psychologist and may place the child in a hospital or other suitable facility for the purpose of examination for a period not to exceed thirty (30) days; in the custody and control of the Indian Child Welfare Department.
B. A suitable facility for the purpose of examination shall be a facility designated by the Court for treatment and evaluation but neither an Osage Nation, city or county jail nor a detention facility shall be considered a suitable facility under any circumstances.
C. If the report of the examination made pursuant to subsection (A) of this section states that the child is mentally ill to the extent that hospitalization or institutional confinement and treatment is required, the Court may order such hospitalization, institutional confinement or treatment prior to, during or after adjudication.
D. The Court may dismiss the original petition when a child who has been ordered to receive treatment is no longer receiving treatment.
E. The Court shall set a time for resuming the hearing on the original petition when:
1. The report of the examination made pursuant to subsection (A) of this section states that the child is not mentally ill to the extent that hospitalization or institutional confinement and treatment is required;
2. The child is found not to be mentally ill;
3. The report of the examination made pursuant to subsection (A) of this section states that the child is developmentally disabled but not mentally ill.
F. “Mentally ill person” means a person who is of such mental condition that the person is in need of supervision, treatment, care or restraint.
G. “Developmental disability” means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or a neurological impairment which may have originated during the first eighteen (18) years of life which can be expected to continue indefinitely and which constitutes a substantial handicap.
H. “Mentally retarded person” means a person whose intellectual functions have been deficient since birth or whose intellectual development has been arrested or impaired by disease or physical injury to such an extent that the person lacks sufficient control, judgment and discretion to manage property or affairs or who, by reason of this deficiency and for the person’s own welfare or the welfare or safety of others, requires protection, supervision, guidance, training, control or care.