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7 AAC 135.065. Child experiencing a severe emotional disturbance. (a) A child experiencing a severe emotional disturbance is an individual under 21 years of age who currently has or at any time during the past year has had a diagnosable mental, emotional, or behavioral disorder of sufficient duration to meet diagnostic criteria specified in the Diagnostic and Statistical Manual of Mental Disorders, adopted by reference in 7 AAC 160.900, the International Classification of Diseases, adopted by reference in 7 AAC 160.900, or the Diagnostic Classification of Mental Health and Developmental Disorders of Infancy and Early Childhood: Revised Edition (DC:0-3R), adopted by reference in 7 AAC 160.900, and that

(1) has resulted in a severe functional impairment that significantly interferes with the child’s ability to participate in one or more life domains at a developmentally appropriate level and within a culturally appropriate context; or

(2) has resulted in the individual exhibiting one or more of the following:

(A) persistent symptoms of distress or diminished affect that do not readily respond to encouragement, reassurance, or instructional control;

(B) impeded development or inappropriate attachment as a result of exposure to traumatic life events or impaired relationships;

(C) pervasive behavior that is disruptive, aggressive, or risk-taking and that places the individual at serious risk of physical harm to self or to another person or results in serious property damage;

(D) consistent inability to participate appropriately in a community setting, including family, school, work, or child care;

(E) imminent risk for out-of-home placement;

(F) imminent risk for being placed in the custody of the department under AS 47.12.120 or as a result of exposure to maltreatment under AS 47.10.011;

(G) current hospitalization or the imminent risk of hospitalization. (b) In addition to the impairments described in (a)(1) and (2) of this section, for individuals with cognitive impairments or organic brain syndrome, there must be documented evidence showing that the individual has the ability to benefit from rehabilitative services that would enable the individual to self-regulate behavior, modulate emotional reactivity, and improve developmentally appropriate functioning in major life domains. (Eff. 6/16/2016, Register 218) Statutory Authority: