reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-308. Order authorizing admission.

The order of the judge of the district court authorizing the admission of an applicant as a voluntary consumer pursuant to the provisions of the Mental Hospital Voluntary Admission Procedures Act shall contain the following findings:
1. A physician licensed in this state personally examined the person requesting inpatient admission for psychiatric care;
2. Such physician certified that the person has a mental condition that requires inpatient admission;
3. The person knowingly and willingly consented to voluntary inpatient admission;
4. The person fully understands the benefits, consequences, conditions, and side effects of inpatient admission and treatment, and agrees to them; and
5. An arrangement for the transportation of the person to the inpatient facility.
Added by Laws 1963, c. 81, § 5, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 72, eff. Nov. 1, 1986. Renumbered from § 555 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 45, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 16, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-309. Detention against will prohibited - Notice of desire to be discharged.

No consumer admitted to a state or private mental hospital under the provisions of the Mental Hospital Voluntary Admission Procedures Act shall be detained in a mental hospital against the will of the person more than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, after the consumer gives notice in writing to the executive director of the facility of the desire of the consumer to be discharged from the facility. If during the emergency detention the consumer becomes medically unstable, the time limit on the emergency detention period stipulated in this section shall be tolled until the consumer is treated at a medical facility and is medically stabilized. The executive director of the facility may designate one or more employees of the facility to receive a notification provided by this section with the same effect as if delivered to the executive director personally.
Added by Laws 1963, c. 81, § 6, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 73, eff. Nov. 1, 1986. Renumbered from § 556 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2001, c. 186, § 15, eff. Nov. 1, 2001; Laws 2005, c. 150, § 46, emerg. eff. May 9, 2005; Laws 2010, c. 287, § 29, eff. Nov. 1, 2010; Laws 2022, c. 297, § 6, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-310. Mental Health Law provisions applicable.

Unless otherwise provided by law, the provisions of the Mental Health Law shall be applicable to consumers admitted to state mental hospitals under the provisions of the Mental Hospital Voluntary Admission Procedures Act.
Added by Laws 1963, c. 81, § 7, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 74, eff. Nov. 1, 1986. Renumbered from § 557 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 47, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-311. Procedure as cumulative.

The admission procedure prescribed by the Mental Hospital Voluntary Admission Procedures Act shall be cumulative to the procedures prescribed by other provisions of law. Nothing herein shall affect the admission procedures prescribed by other provisions of law.
Added by Laws 1963, c. 81, § 9, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 75, eff. Nov. 1, 1986. Renumbered from § 559 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-410. Petition regarding person requiring treatment.

A. The following persons may file or request the district attorney to file a petition with the district court, upon which is hereby conferred jurisdiction, to determine whether an individual is a person requiring treatment, and to order the least restrictive appropriate treatment for the person:
1. A treatment advocate as defined in Section 1-109.1 of this title;
2. The father, mother, husband, wife, grandparent, brother, sister, guardian or child, over the age of eighteen (18) years, of an individual alleged to be a person requiring treatment;
3. A licensed mental health professional;
4. A person in charge of any correctional institution;
5. Any peace officer within the county in which the individual alleged to be a person requiring treatment resides or may be found; or
6. The district attorney in whose district the person resides or may be found.
B. The petition shall contain a statement of the facts upon which the allegation is based and, if known, the names and addresses of any witnesses to the alleged facts.
1. The petition shall be verified and made under penalty of perjury.
2. A request for the prehearing detention of the individual alleged to be a person requiring treatment may be attached to the petition.
3. If the individual alleged to be a person requiring treatment is being held in emergency detention, a copy of the mental health evaluation shall be attached to the petition.
C. Petitions filed to determine if an individual should be ordered to assisted outpatient treatment as defined by Section 1-103 of this title shall only be filed by a licensed mental health professional employed by the Department of Mental Health and Substance Abuse Services or employed by a community mental health center certified by the Department pursuant to Section 3-306.1 of this title.
D. The inpatient mental health treatment of minors shall be pursuant to the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
Added by Laws 1997, c. 387, § 4, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 37, eff. Nov. 1, 2002; Laws 2004, c. 191, § 1, emerg. eff. May 3, 2004; Laws 2006, c. 97, § 18, eff. Nov. 1, 2006; Laws 2011, c. 294, § 2, eff. Nov. 1, 2011; Laws 2012, c. 21, § 1, eff. Nov. 1, 2012; Laws 2013, c. 217, § 1, eff. Nov. 1, 2013; Laws 2016, c. 177, § 7, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-413. Prehearing detention.

A. When a request for an order of prehearing detention is attached to a petition alleging a person to have a mental illness and to be a person requiring treatment, the district court shall determine whether there is probable cause to detain the person who is the subject of the petition prior to a hearing on the petition.
1. If the court issues an order for detention, it shall immediately set a date, time, and place for a hearing on the petition, and shall issue notice to each individual required to receive notice pursuant to Section 5-412 of this title.
2. The period of prehearing detention shall not exceed seventy-two (72) hours, excluding the weekends and holidays, except upon a court order authorizing detention beyond a seventy-two-hour period or pending the hearing on a petition requesting involuntary commitment or treatment. Prehearing detention may be extended to coincide with any order of continuance entered by the court.
B. If the court finds that probable cause to detain the person alleged to have a mental illness and to be a person requiring treatment does not exist, the court shall dismiss the request and, if the person is being held in protective custody or emergency detention, order the person released and returned to the point where such person was taken into protective custody.
C. If the court finds that probable cause to detain the person alleged to have a mental illness and to be a person requiring treatment does exist:
1. An order may be entered authorizing any peace officer to take that person into custody and to detain such person in a suitable facility prior to the hearing on the petition; or
2. If the person is being held in emergency detention, the court may issue an order authorizing the facility to detain the person prior to a hearing on the petition.
A certified copy of an order of prehearing detention shall constitute authority for a facility to detain or to continue to detain the person who is the subject of the order.
Added by Laws 1997, c. 387, § 7, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 40, eff. Nov. 1, 2002; Laws 2013, c. 217, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-414. Evaluations.

A. If a mental health evaluation is not attached to a petition alleging a person to be a person requiring treatment at the time the petition is filed, the court shall order the person who is the subject of the petition to undergo a mental health evaluation by two licensed mental health professionals, and a mental health evaluation to be completed and filed with the court prior to the hearing.
1. The mental health evaluation shall be conducted on an outpatient basis unless the court has issued an order for prehearing detention.
2. A copy of all petitions, orders, affidavits, powers of attorney, advance health care directives, treatment advocate designations, mental health advance directives, guardianships, police reports and other relevant documents shall accompany the person to the place where the mental health evaluation is to be conducted.
3. Upon completion of the mental health evaluation, the facility shall transmit a copy of the evaluation prepared by the licensed mental health professionals to the court and to the attorney of record for the person evaluated.
B. The report of the licensed mental health professionals conducting the mental health evaluation pursuant to this section shall include written findings as to whether:
1. The person being evaluated appears to be a person requiring treatment as defined in this title, and is reasonably likely to benefit from mental health or substance abuse treatment; and
2. Based on the following, inpatient treatment is the least restrictive alternative that meets the needs of the person:
a.
reasonable efforts have been made to provide for the mental health or substance abuse treatment needs of the person through the provision of less restrictive alternatives and the alternatives have failed to meet the treatment needs of the person, or
b.
after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the person is such that less restrictive alternatives are unlikely to meet the treatment needs of the person.
Added by Laws 1997, c. 387, § 8, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 41, eff. Nov. 1, 2002; Laws 2006, c. 97, § 21, eff. Nov. 1, 2006; Laws 2013, c. 3, § 1, eff. Nov. 1, 2013; Laws 2013, c. 217, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-417. Precommitment examination - Matters included.

A precommitment examination ordered by the court shall include, but is not limited to:
1. A physical evaluation;
2. A mental evaluation;
3. A social history;
4. A study of the individual's family and community situation;
5. A list of available forms of care and treatment which may serve as an alternative to admission to a hospital;
6. Powers of attorney or advance health care directives, if any; and
7. A recommendation as to the least restrictive placement suitable to the person's needs, as identified by this section, should the individual be ordered to undergo treatment by the court.
Programs other than hospitalization to be considered shall include, but not be limited to, outpatient clinics, assisted outpatient treatment where available, extended care facilities, nursing homes, sheltered care arrangements, home care and homemaker services, and other treatment programs or suitable arrangements.
Added by Laws 1980, c. 324, § 7, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 78, eff. Nov. 1, 1986. Renumbered from § 54.6 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Renumbered from § 5-403 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2013, c. 3, § 3, eff. Nov. 1, 2013; Laws 2016, c. 177, § 9, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-418. Precommitment screening examination - Copy of order to be provided examinee - Explanation of examination.

In addition to the notice requirements contained in the Mental Health Law, each person ordered to undergo a precommitment screening examination shall receive:
1. A copy of the order requiring the person to undergo the examination; and
2. A written statement explaining what the examination will cover.
If the individual is unable to read or understand the written materials, every effort will be made to explain them in a language such person understands, and a copy of the examination findings shall be provided to the court, to the person's attorney of record, if known, and the person's treatment advocate as defined pursuant to Section 1-109.1 of this title, if any, upon completion.
Added by Laws 1980, c. 324, § 8, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 79, eff. Nov. 1, 1986. Renumbered from § 54.7 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Renumbered from § 5-404 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2013, c. 3, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-419. Modification order - Notice - Contents of notice.

A. The court may modify an order for involuntary inpatient commitment and order alternative treatment pursuant to the provisions of this section upon request of the person committed or the administrator of a facility to which a person has been involuntarily committed for inpatient treatment. The court shall give notice to the person affected thereby and to each individual required to receive notice pursuant to Section 5-412 of this title, to appear within five (5) regular court days, or as many other days as the court may grant, and show cause why the modification shall not be made. The notice shall contain the following information:
1. The individual ordered to undergo a program of alternative treatment to hospitalization is not complying with the previous order, or that the alternative treatment program has not been sufficient to prevent harm or injury to the person or others, or the person committed for inpatient care and treatment is eligible for discharge and that an evaluation conducted prior to discharge determined that an order for alternative treatment is necessary in order to prevent impairment or injury to the person;
2. A statement of the facts upon which the alleged change of condition is based and a copy of any written findings entered by the court;
3. Notice of the time and place of the show cause hearing;
4. Notice of the types of modifications that the court can make pursuant to this hearing;
5. The witnesses who shall testify or offer evidence for the modification which are known to the court;
6. That the individual has the right to an attorney, and that if the individual cannot afford an attorney, one will be provided; and
7. That the individual has the right to cross-examine witnesses, and to call witnesses in such person's own defense.
B. The court may only order assisted outpatient treatment as defined by Section 1-103 of this title if the person meets the conditions for assisted outpatient treatment provided by this title.
Added by Laws 1980, c. 324, § 11, emerg. eff. June 17, 1980. Renumbered from § 54.10 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1988, c. 260, § 13, eff. Nov. 1, 1988. Renumbered from § 5-406 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 44, eff. Nov. 1, 2002; Laws 2013, c. 217, § 6, eff. Nov. 1, 2013; Laws 2016, c. 177, § 10, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-420. Review of status of persons involuntarily committed for treatment.

A. The Board of Mental Health and Substance Abuse Services shall adopt rules and procedures to ensure that persons involuntarily committed to the facilities of the Department of Mental Health and Substance Abuse Services for treatment by a court receive review of their involuntary status at least once every three (3) months, and the Department of Mental Health and Substance Abuse Services shall take appropriate action based upon this review.
B. Any person receiving involuntary inpatient treatment, or such person's attorney, may at any time file a written request that the treatment order be reviewed by the committing court, or a court in the county where the person is located. If a review is requested, the court shall hear the matter within thirty (30) days after the request, and the court shall give notice to the person and such person's attorney and the person in charge of the facility of the time and place of the hearing. The hearing shall be to determine if the person can be treated on a less restrictive basis. At the conclusion of the hearing, the court may confirm the order of treatment, modify the order of treatment, discharge the respondent, or enter any appropriate order.
Added by Laws 1980, c. 324, § 12, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 81, eff. Nov. 1, 1986. Renumbered from § 54.11 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 100, emerg. eff. April 9, 1990; Laws 1997, c. 387, § 10, eff. Nov. 1, 1997. Renumbered from § 5-407 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 45, eff. Nov. 1, 2002; Laws 2022, c. 297, § 8, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-421. Emergency service patrols.

A. Counties and municipalities may establish emergency service patrols. A patrol consists of persons trained to give assistance in public places to persons whom the patrol has reasonable grounds to believe are mentally ill. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and may transport mentally ill persons to their homes and to and from approved treatment facilities and alternative facilities.
B. Standards for the establishment, training, and conduct of emergency service patrols shall be adopted by the county or municipality and approved by the Department of Mental Health and Substance Abuse Services. These standards shall comply with the standards of the regional emergency medical services plan.
C. All participating state and local agencies are directed to coordinate with each other and cooperate in assisting the Department of Mental Health and Substance Abuse Services as needed. If specifically requested in two or more regional emergency medical service plans, the Department may establish a law enforcement behavioral health emergency dispatch system.
D. All emergency service patrols shall be required to keep reliable data on services made available and provided by the emergency service patrols.
E. Upon the request of the Department of Mental Health and Substance Abuse Services, every state agency, board or commission shall provide any information requested by the Department of Mental Health and Substance Abuse Services to assess the effectiveness of emergency service patrols.
Added by Laws 2000, c. 348, § 2, eff. Nov. 1, 2000. Amended by Laws 2012, c. 296, § 3, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-501. Short title - Legislative intent.

A. Sections 5-501 through 5-513 of this title shall be known and may be cited as the “Inpatient Mental Health and Substance Abuse Treatment of Minors Act”.
B. The Oklahoma Legislature hereby declares that the public policy of this state is to:
1. Assure adequate treatment of minors needing mental health treatment or treatment for drug or alcohol abuse;
2. Establish behavioral standards for determination of dangerousness of persons in need of such treatment;
3. Require the use of the least restrictive alternative in the determination of the method of treatment;
4. Provide orderly and reliable procedures for admission or commitment of minors alleged to be in need of inpatient mental health treatment or treatment for drug or alcohol abuse consistent with due process of law; and
5. Protect the rights of consumers hospitalized pursuant to law.
C. It is the intent of the Legislature that:
1. Mental health and substance abuse treatment services shall be provided in the manner most likely to preserve, support and strengthen the family of the minor and to assist the minor and the family of the minor;
2. Minors needing mental health services or substance abuse treatment shall, to the maximum extent possible, receive those services on an outpatient basis; and
3. Inpatient evaluation and treatment services shall be utilized only as necessary to preserve the health or safety of the minor or for the protection of others in the case of a minor who, as a result of a demonstrable mental illness or drug or alcohol dependence, can be expected to intentionally or unintentionally seriously and physically injure another person.
D. A minor may be admitted for inpatient mental health or substance abuse treatment only pursuant to the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
Added by Laws 1992, c. 298, § 1, eff. July 1, 1993. Amended by Laws 2002, c. 327, § 1, eff. July 1, 2002; Laws 2003, c. 130, § 1, eff. Nov. 1, 2003; Laws 2005, c. 150, § 50, emerg. eff. May 9, 2005; Laws 2006, c. 16, § 24, emerg. eff. March 29, 2006; Laws 2006, c. 97, § 24, eff. Nov. 1, 2006.
NOTE: Laws 2005, c. 110, § 1 repealed by Laws 2006, c. 16, § 25, emerg. eff. March 29, 2006.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-507. Admission of alleged deprived child or ward of court – Initial assessment – Mental health evaluation – Petition – Parent having physical custody.

A. No minor who is placed into emergency, temporary or permanent custody of a state agency pursuant to Title 10A of the Oklahoma Statutes shall be admitted to a hospital or mental health or substance abuse treatment facility:
1. On an emergency basis except as provided by this section;
2. For inpatient treatment except upon a commitment order of the court pursuant to the provisions of subsection D of this section and after a finding that the minor requires such services as provided by Section 5-512 of this title.
B. After an initial assessment and a determination that a minor is a minor in need of treatment, the minor may be admitted to a hospital or mental health or substance abuse treatment facility on an emergency basis for a period not to exceed five (5) days from the time of admission, excluding weekends and holidays. On the next business day following admission, notice of such admission shall be given by the person responsible for the supervision of the case, as applicable, to the minor's attorney, Court Appointed Special Advocate (CASA) or guardian ad litem, the court and district attorney.
C. A minor admitted on an emergency basis pursuant to this section shall be evaluated and the mental health evaluation submitted to the district attorney within forty-eight (48) hours of admission, excluding weekends and holidays. The mental health evaluation shall be performed by a licensed mental health professional at the facility.
D. If after an inpatient or outpatient mental health evaluation it appears that the minor may require inpatient treatment, the district attorney shall file a petition as provided by Section 5-509 of this title within three (3) days after receiving the mental health evaluation requesting an order committing the minor to a facility for inpatient treatment. After the filing of a petition and upon issuance of a prehearing detention order, the minor may be detained in the facility for no longer than necessary for a hearing on the petition as provided by Section 5-510 of this title or further order of the court.
E. Nothing in this section shall be interpreted to preclude or prohibit a parent having physical custody of a minor who is a ward of the court from arranging for an emergency admission of the minor. In such cases, the parent shall immediately notify the person responsible for the supervision of the case of the admission.
Added by Laws 1992, c. 298, § 7, eff. July 1, 1993. Amended by Laws 1994, c. 156, § 2, eff. July 1, 1994; Laws 1995, c. 254, § 6, eff. Nov. 1, 1995; Laws 1997, c. 386, § 22, emerg. eff. June 10, 1997; Laws 2002, c. 327, § 7, eff. July 1, 2002; Laws 2003, c. 130, § 7, eff. Nov. 1, 2003; Laws 2006, c. 97, § 29, eff. Nov. 1, 2006; Laws 2009, c. 234, § 140, emerg. eff. May 21, 2009; Laws 2013, c. 404, § 25, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-508. Mental health evaluation – Contents and signature - Records.

A. The mental health evaluation of a licensed mental health professional prepared pursuant to Section 5-506 or 5-507 of this title shall include written findings as to whether:
1. The minor appears to be a minor in need of treatment and is reasonably likely to benefit from treatment;
2. Based upon the following, inpatient treatment is the least restrictive alternative that meets the needs of the minor:
a.
reasonable efforts have been made to provide for the treatment needs of the minor through the provision of less restrictive alternatives and such alternatives have failed to meet the treatment needs of the minor, or
b.
after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the minor is such that less restrictive alternatives are unlikely to meet the treatment needs of the minor; and
3. The minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment.
B. Any mental health evaluation of a minor alleged to be a minor in need of treatment that recommends that the minor be found to be eligible for inpatient mental health or substance abuse treatment shall be signed by the licensed mental health professional examining the minor.
C. The parents, all public agencies, and all providers or programs which have treated or are treating the minor shall cooperate with the person conducting a mental health evaluation for the purpose of providing the mental health evaluation to a district attorney or to a district court and shall promptly deliver, as otherwise provided by law, all records related to the treatment or education of the minor.
Added by Laws 1992, c. 298, § 8, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 7, eff. Nov. 1, 1995; Laws 1998, c. 144, § 7, emerg. eff. April 22, 1998; Laws 2002, c. 327, § 8, eff. July 1, 2002; Laws 2003, c. 130, § 8, eff. Nov. 1, 2003; Laws 2005, c. 110, § 6, eff. Nov. 1, 2005; Laws 2006, c. 97, § 30, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-510. Notice of hearing on petition - Appointment of attorney - Evaluation report.

Upon the filing of a petition alleging a minor to be a minor in need of treatment, the court shall:
1. Appoint an attorney to represent the minor if the minor is not represented by counsel. An attorney so appointed shall consult with the minor at least twenty-four (24) hours prior to the date set for hearing the petition. In addition, the court may appoint a guardian ad litem as provided by Section 1-4-306 of Title 10A of the Oklahoma Statutes;
2. Enter any prehearing detention orders as may be necessary;
3. Set a date for a hearing on the petition. The date shall not be less than one (1) day, or more than three (3) days, excluding weekends and legal holidays, from the date of the filing of the petition. Upon the request of the attorney for the minor, the date of the hearing may be extended once for up to an additional three (3) days, excluding weekends and holidays; and
4. Cause notice of the date, time, place and purpose of the hearing to be given to the petitioner, the minor, the parent(s) or legal custodian of the minor and the person in charge of the mental health or substance abuse treatment facility. If the minor is a ward of the court, or is in the custody of the Department of Human Services or the Office of Juvenile Affairs, notice shall also be given to a public or private child care agency having legal custody of the minor, if any, or to the person at the Department of Human Services, the Office of Juvenile Affairs or the applicable juvenile bureau responsible for the supervision of the case. The notice shall be given at least twenty-four (24) hours prior to the date set for the hearing and shall be given in such manner as directed by the court.
Added by Laws 1992, c. 298, § 10, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 9, eff. Nov. 1, 1995; Laws 2002, c. 327, § 10, eff. July 1, 2002; Laws 2003, c. 130, § 10, eff. Nov. 1, 2003; Laws 2009, c. 234, § 141, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-511. Hearings - Right to trial by jury.

A. Hearings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be private unless specifically ordered by the judge to be conducted in public, but persons having a direct interest in the case shall be admitted. Stenographic notes or other transcript of the hearings shall be kept as in other cases, but they shall not be open to inspection except by order of the court or as otherwise provided by Title 10A of the Oklahoma Statutes for court records relating to children.
B. The minor may remain silent as a matter of right in hearings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act and shall be so advised. No statement, admission or confession made by the minor alleged to be a minor in need of treatment shall be used against the minor for any purpose except for proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
C. A decision determining a minor to be a minor in need of treatment shall be made by the judge; provided, however, the judge on his or her own motion may call a jury to try any such case. Such decision must be based on sworn testimony and the minor must have the opportunity for cross-examination unless the facts are stipulated. Where the facts are stipulated, the judge must ascertain from the minor if the minor agrees with the stipulation and understands the consequences of stipulating the facts.
D. The court may receive as evidence and act upon the evaluation or report of the licensed mental health professional who evaluated the minor.
E. If authorized by the court, any proceeding held pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act may be conducted via teleconference communication; provided, that when a parent or child appears for a proceeding via teleconference, the attorney representing that parent or child shall personally appear at the hearing. For purposes of this paragraph, "teleconference communication" means participation in the hearing by interactive telecommunication, including telephonic communication, by the absent party, those parties present in court, the attorneys, and others deemed to be necessary participants to the proceeding including, but not limited to, foster parents and facility staff where a child may be receiving care or treatment.
Added by Laws 1992, c. 298, § 11, eff. July 1, 1993. Amended by Laws 2002, c. 327, § 11, eff. July 1, 2002; Laws 2003, c. 130, § 11, eff. Nov. 1, 2003; Laws 2009, c. 234, § 142, emerg. eff. May 21, 2009; Laws 2010, c. 278, § 20, eff. Nov. 1, 2010; Laws 2019, c. 360, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-513. Individualized treatment plan - Discharge plan.

A. Within ten (10) days after the admission of a minor for inpatient treatment, the person in charge of the facility in which the minor is being treated shall ensure that an individualized treatment plan has been prepared by the person responsible for the treatment of the minor. The minor shall be involved in the preparation of the treatment plan to the maximum extent consistent with the ability of the minor to understand and participate. The parent or legal custodian of the minor or, if the minor is in the custody of the Department of Human Services or the Office of Juvenile Affairs, the designated representative of the applicable agency, shall be involved to the maximum extent consistent with the treatment needs of the minor.
B. The facility shall discharge the minor when appropriate facility medical staff determine the minor no longer meets the admission or commitment criteria. If not previously discharged, a minor committed by a court for inpatient treatment shall be discharged upon the expiration of a court order committing the minor for inpatient treatment or an order of the court directing the discharge of the minor.
C. Prior to the discharge of the minor from inpatient treatment, a discharge plan for the minor shall be prepared and explained to the minor and the parent or the person responsible for the supervision of the case. The plan shall include but not be limited to:
1. The services required by the minor in the community to meet the needs of the minor for treatment, education, housing, and physical care and safety;
2. Identification of the public or private agencies that will be involved in providing treatment and support to the minor;
3. Information regarding medication which should be prescribed to the minor; and
4. An appointment for follow-up outpatient treatment and medication management.
D. Upon the discharge of the minor from inpatient treatment, a designee of the facility shall inform the parent or person responsible for the supervision of the case of the importance of disclosing the mental health needs of the minor to the minor's resident school district as provided for in Section 1 of this act including disclosure in whole or in part of the minor's discharge plan prepared pursuant to subsection C of this section as appropriate and consistent with applicable law.
Added by Laws 1992, c. 298, § 13, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 11, eff. Nov. 1, 1995; Laws 2000, c. 84, § 2, eff. Nov. 1, 2000; Laws 2002, c. 327, § 13, eff. July 1, 2002; Laws 2003, c. 130, § 13, eff. Nov. 1, 2003; Laws 2005, c. 110, § 7, eff. Nov. 1, 2005; Laws 2022, c. 247, § 2, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-521. Pilot projects for community-based system of care.

A. The Department of Mental Health and Substance Abuse Services shall continue pilot projects previously established for the delivery of mental health services to children and adolescents through a community-based system of care, contingent upon the availability of funds. Pilot projects shall include, but not be limited to, requirements for:
1. The active participation and assistance of:
a.
local public agencies and private child-serving agencies receiving state funds through contracts with state agencies,
b.
local offices of state agencies having health, mental health or social or other service responsibilities related to children and adolescents, and
c.
the local school district;
2. The use of comprehensive treatment plans that cross individual agency boundaries;
3. Case managers responsible for the coordination of service delivery;
4. Flexible funding to provide traditional or nontraditional services for which no other source of funding is available;
5. A coordinated database for children receiving services through the pilot project; and
6. Outcome measures to evaluate the service and cost effectiveness of the project.
B. Community-based system of care for mental health services for children and adolescents shall be funded through available agency funds, federal grants, and private grants or other funds. Each state agency required by this act to participate in the continuation of pilot projects shall also assist with funding, including any required state matches to federal funds.
As used in this section, “community-based system of care” means a consortium of public and private agencies within a community that establishes a coordinated team approach for the delivery of services to children and adolescents who require mental health services and their families. Services provided under a community-based system of care may include, but shall not be limited to, case management and service coordination, counseling, day treatment, special education services, family support, health services, homebound services, respite care, residential care, transitional services, psychiatric consultation, medication, transportation and wrap-around or nontraditional services.
Added by Laws 2001, c. 311, § 2, emerg. eff. June 1, 2001.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-101. Nonresident consumers - Transfer to state of residence.

Nonresidents who have been admitted as consumers to a facility within the Department of Mental Health and Substance Abuse Services in accordance with the provisions of this title may be transferred by the Commissioner of Mental Health and Substance Abuse Services to similar institutions within the state where they reside. The Commissioner shall make arrangements with the appropriate agency in other states to facilitate the orderly transfer of nonresidents to the state in which they reside.
Added by Laws 1953, p. 167, § 71, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 82, eff. Nov. 1, 1986. Renumbered from § 71 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 51, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-102. Transfer to federal agency for care and treatment.

A. 1. Upon receipt of a certificate of the United States Public Health Service or any agency of the United States Government or a State Veterans Home that facilities are available for the care or treatment of any person who has been admitted to a facility within the Department of Mental Health and Substance Abuse Services in accordance with the provisions of this title and that such person is eligible for care or treatment, the Commissioner of Mental Health and Substance Abuse Services, upon recommendation by the person in charge of the facility in which the consumer is located, may transfer the consumer to:
a.
the United States Public Health Service or other agency of the United States Government, or
b.
a State Veterans Home or other agency of the state for care and treatment.
2. If the consumer has been admitted under involuntary court-ordered commitment proceedings, the Commissioner shall notify the committing court of any transfer when it has been effected.
3. Any consumer transferred as provided in this section shall be deemed to be committed to the United States Public Health Service or other agency of the United States Government or a State Veterans Home or other agency of the state pursuant to the original commitment the same as if the person had been originally committed.
B. 1. In the event that a consumer transferred under provisions of this section subsequently becomes ineligible for continued services, or if required services cannot be provided by the entity or facility where the consumer is committed and residing, the Commissioner shall upon notification accept the return of the consumer to the appropriate facility of the Department.
2. If the consumer has been admitted under this title, the Commissioner shall notify the committing court of the transfer when it has been effected.
3. Any consumer transferred as provided in this section shall be deemed to be committed to the Department pursuant to the original commitment the same as if the person had been originally committed.
Added by Laws 1953, p. 167, § 72, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 189, § 4, emerg. eff. June 27, 1959; Laws 1980, c. 83, § 1, eff. Oct. 1, 1980. Renumbered from § 72 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 52, emerg. eff. May 9, 2005; Laws 2022, c. 83, § 5, emerg. eff. April 25, 2022.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-103. Residents of state in institutions of other states - Admission to Oklahoma institution.

Any resident of this state who has been admitted to an institution for mentally ill in another state, the District of Columbia, or a territory, in accordance with the laws of that place, may be admitted to an institution in Oklahoma within the Department of Mental Health and Substance Abuse Services without further proceedings in this state.
Added by Laws 1953, p. 166, § 59, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 83, eff. Nov. 1, 1986. Renumbered from § 59 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 101, emerg. eff. April 9, 1990.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-104. Bringing poor or indigent person into state.

Any person who knowingly brings or causes to be brought, a poor or indigent person from out of the state into this state and keeps or leaves such person, or attempts to keep or leave such person, within the state for the purpose of placing the person or requiring the placement of the person as a consumer in any state facility within the Department of Mental Health and Substance Abuse Services for care or treatment therein at the expense of the state, shall be guilty of a misdemeanor.
Added by Laws 1953, p. 174, § 132, emerg. eff. June 3, 1953. Renumbered from § 132 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 53, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-202. Compact administrator - Powers.

Pursuant to said compact, the Director of the Department of Mental Health and Substance Abuse Services, shall be ex officio compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact of any supplementary agreement or agreements entered into by this state thereunder.
Added by Laws 1959, p. 194, § 2, emerg. eff. July 16, 1959. Renumbered from § 502 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 102, emerg. eff. April 9, 1990.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-203. Supplemental agreements.

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Added by Laws 1959, p. 194, § 3, emerg. eff. July 16, 1959. Renumbered from § 503 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-204. Discharge of financial obligations.

The compact administrator, subject to the approval of the State Budget Director, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder, and said payments shall be made from monies appropriated to the Department of Mental Health and Substance Abuse Services.
Added by Laws 1959, p. 195, § 4, emerg. eff. July 16, 1959. Renumbered from § 504 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 103, emerg. eff. April 9, 1990.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-6-205. Proposed transferees.

The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the district court.
Added by Laws 1959, p. 195, § 5, emerg. eff. July 16, 1959. Renumbered from § 505 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-103. Clothing and expenses upon release.

No consumer shall be discharged or granted convalescent leave status from a state hospital without suitable clothing adapted to the season in which the consumer is discharged or granted convalescent leave status; and if it cannot be otherwise obtained, the business manager of the facility shall, upon the order of the executive director, furnish the same, and reasonable transportation costs and money not to exceed Twenty-five Dollars ($25.00), to defray the expenses of the consumer until the consumer can reach relatives or friends, or find employment to earn a subsistence.
Added by Laws 1953, p. 170, § 82, emerg. eff. June 3, 1953. Renumbered from § 82 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1986, c. 277, § 17, emerg. eff. June 24, 1986; Laws 2005, c. 150, § 57, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-104. Placement of homeless consumers.

A. In the case of a consumer who has substantially impaired ability to provide adequate self care or custody and who has no home or relatives or friends able and willing to care for the consumer, the executive director prior to discharge from the facility shall make a reasonable effort to arrange an appropriate placement and necessary services for the consumer.
B. When necessary, the executive director shall refer to other public or voluntary agencies for assistance; provided, nothing in this section or Section 7-102 of this title shall be construed as restricting the right of an adult consumer, when such consumer has not been found by a court to be incompetent, to determine the placement or residence of such consumer upon discharge from a facility.
Added by Laws 1977, c. 145, § 7, emerg. eff. June 3, 1977. Renumbered from § 73.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1994, c. 327, § 2, eff. Sept. 1, 1994; Laws 2005, c. 150, § 58, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-105. Delivery of personal funds at time of discharge.

It shall be the duty of the executive director of such facility to deliver all personal funds in the possession of the executive director for the benefit of a consumer to such consumer at the time the consumer is discharged.
Added by Laws 1957, p. 421, § 3, emerg. eff. May 31, 1957. Renumbered from § 173 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 59, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-106. Return of property upon death or discharge.

When any consumer in any state facility subject to the jurisdiction of the Department of Mental Health and Substance Abuse Services dies or leaves such facility, all property, including money, belonging to said consumer shall be immediately delivered:
1. To the consumer, if leaving; or
2. To the guardian or next of kin of the consumer, if the consumer has died. If the consumer has died and no person is available for such delivery, the facility shall notify the guardian or next of kin of such death and the description of the property on hand by certified mail at the last-known address of such guardian or next of kin. If the property is not claimed within one (1) year from the date of such notice, then the property shall become the property of the state, and all monies shall be credited to the revolving fund of the facility.
Added by Laws 1961, p. 285, § 2, emerg. eff. July 14, 1961. Renumbered from § 175 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 105, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 60, emerg. eff. May 9, 2005.