A. Upon receiving a petition alleging a person to be a person requiring treatment, the court shall set a day and time for the hearing.
1. If the person alleged to be a person requiring treatment does not have an attorney, the court shall immediately appoint an attorney for the person.
2. If a copy of a mental health evaluation is not attached to the petition at the time it is filed, the court shall immediately order a mental health evaluation of the person as provided by Section 5-414 of this title.
B. If the court deems it necessary, or if the person alleged to be a person requiring treatment demands, the court shall schedule the hearing on the petition as a jury trial to be held within one hundred twenty (120) hours or five (5) days of the demand, excluding weekends and holidays, or within as much additional time as is requested by the attorney of such person upon good cause shown.
C. The court, at the hearing on the petition, shall determine by clear and convincing evidence whether the person is a person requiring treatment.
1. The court shall take evidence and make findings of fact concerning the person's competency to consent to or refuse the treatment that may be ordered, including, but not limited to, the consumer's right to refuse medication.
2. If a jury trial is not demanded, the court may receive as evidence and act upon the affidavits of the licensed mental health professionals who evaluated the person and the mental health evaluation.
3. When the hearing is conducted as a jury trial, the petitioner and any witness in behalf of the petitioner shall be subject to cross-examination by the attorney for the person alleged to be a person requiring treatment. The person alleged to be a person requiring treatment may also be called as a witness and cross-examined.
D. After the hearing, when the court determines that the person is not a person requiring treatment, the court shall dismiss the petition and, if the person is being detained, order the person to be discharged from detention.
E. After the hearing, when the court determines the person to be a person requiring treatment, the court shall order the person to receive the least restrictive treatment consistent with the treatment needs of the person and the safety of the person and others.
1. The court shall not order hospitalization without a thorough consideration of available treatment alternatives to hospitalization and may direct the submission of evidence as to the least restrictive treatment alternative or may order a mental health examination.
2. If the court finds that a program other than hospitalization is appropriate to meet the treatment needs of the individual and is sufficient to prevent injury to the individual or to others, the court may order the individual to receive whatever treatment other than hospitalization that is appropriate for a period set by the court, during which time the court shall continue its jurisdiction over the individual as a person requiring treatment.
3. If the court orders the person to be committed for involuntary inpatient treatment, the court shall commit the person to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs or to a private facility willing to accept the person for treatment.
4. The person shall be delivered to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs or to a private facility willing to accept the person for treatment.
5. If the person is placed in the custody of the Department, the Department may designate two or more facilities to provide treatment and if the person to be treated or a parent, spouse, guardian, brother, sister or child, who is at least eighteen (18) years of age, of the person, expresses a preference for one such facility, the Department shall attempt, if administratively possible, to comply with the preference.
6. The person shall be discharged from inpatient treatment at such time as the person no longer requires treatment as determined by the executive director of the facility or the designee of the executive director, or as otherwise required by law.
F. The court shall make and keep records of all cases brought before it.
1. Except as provided in Section 1290.27 of Title 21 of the Oklahoma Statutes, no records of proceedings pursuant to this section shall be open to public inspection except by order of the court or to employees of the Department of Mental Health and Substance Abuse Services if the person is placed at a state facility or the employees of the private facility where admitted if accepted into a private facility, the person's attorney of record, the person's treatment advocate as defined pursuant to Section 1-109.1 of this title, if any, a person having a valid power of attorney with health care decision-making authority, a person having valid guardianship with health care decision-making authority, a person having an advance health care directive, a person having an attorney-in-fact as designated in a valid mental health advance directive or persons having a legitimate treatment interest, unless specifically indicated otherwise by the instrument or court order. The documents shall not identify the alleged person requiring treatment directly or indirectly as a person with a substance abuse disorder.
2. Bonded abstractors may be deemed to be persons having a legitimate interest for the purpose of having access to records regarding determinations of persons requiring treatment under this section.
Added by Laws 1997, c. 387, § 9, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 42, eff. Nov. 1, 2002; Laws 2005, c. 150, § 48, emerg. eff. May 9, 2005; Laws 2006, c. 97, § 22, eff. Nov. 1, 2006; Laws 2010, c. 287, § 30, eff. Nov. 1, 2010; Laws 2013, c. 3, § 2, eff. Nov. 1, 2013; Laws 2013, c. 217, § 5, eff. Nov. 1, 2013; Laws 2014, c. 259, § 4, eff. July 1, 2015; Laws 2022, c. 297, § 7, eff. Nov. 1, 2022.
Structure Oklahoma Statutes
§43A-1-105. Mental or legal incompetence - Presumptions.
§43A-1-106. Representation of state in court proceedings.
§43A-1-107. Venue of actions - Hearings.
§43A-1-108. Habeas corpus - Notice - Evidence.
§43A-1-109. Confidential and privileged information - Disclosure.
§43A-1-109.1. Treatment advocates.
§43A-2-102. Department to have charge and control of state institutions.
§43A-2-104. Disposition of surplus equipment and land - Purchases.
§43A-2-105. Board as Mental Health and Substance Abuse Services Authority.
§43A-2-110. Citizen advisory groups.
§43A-2-111. Real property trust.
§43A-2-201. Commissioner of Mental Health and Substance Abuse Services - Qualifications - Salary.
§43A-2-202.1. Commissioner - Powers and duties.
§43A-2-203. Classifications of employee positions - Exceptions.
§43A-2-205. Internal audit program.
§43A-2-207. Employment of assistants and counsel by Commissioner to enforce claims.
§43A-2-213. Chaplain - Duties.
§43A-2-214. Training of institution personnel - Use of funds.
§43A-2-218. Misuse or misappropriation of funds or property of canteen.
§43A-2-219. Mistreatment of consumer.
§43A-2-220. Failure of executive director to report mistreatment.
§43A-2-224. Collection of information for administrative purposes - Confidentiality.
§43A-2-301. Office, records and files.
§43A-2-302. Central Office - Petty cash fund.
§43A-2-303. Department of Mental Health and Substance Abuse Services Revolving Fund.
§43A-2-304. Malpractice insurance for certain employees.
§43A-2-305. Authorization to purchase.
§43A-2-310. Intra-agency Reimbursement Revolving Fund.
§43A-2-311. Community-based Substance Abuse Revolving Fund.
§43A-3-101. Facilities maintained for residents.
§43A-3-105. Children's Recovery Center of Oklahoma - Units - Petty cash fund.
§43A-3-107. Transitions Recovery Center - Petty cash fund - Transfer of property, records, etc.
§43A-3-107b. Tulsa Center for Behavioral Health.
§43A-3-108. Alcohol and drug treatment and rehabilitation of adolescents.
§43A-3-109. Canteens - Use of profits.
§43A-3-112. Membership in organizations or networks to provide behavioral health services.
§43A-3-201. Statewide system of precare and aftercare services.
§43A-3-306. Board of Mental Health and Substance Abuse Services - Responsibilities and authority.
§43A-3-306.1. Certification as community mental health center.
§43A-3-311. Authorization and expenditures of funds.
§43A-3-315. Certification as community residential mental health programs.
§43A-3-315.1. Supportive assistance services for residents of facilities.
§43A-3-317. Community-based structured crisis centers.
§43A-3-318. Certification of behavioral health case managers - Use of title.
§43A-3-319. Certification as program of assertive community treatment.
§43A-3-320. Certified Eating Disorder Treatment Programs.
§43A-3-321. Eating disorder treatment program - Injunction.
§43A-3-322. Certified Gambling Addiction Treatment Programs.
§43A-3-322a. Problem Gambling Treatment Counselors - Certification.
§43A-3-323. Gambling addiction treatment program - Injunction.
§43A-3-323A. Mental Illness Service Program - Certification.
§43A-3-324. Certification and renewal fees.
§43A-3-325. Contracts with public and private entities to provide services.
§43A-3-326. Peer recovery support specialists.
§43A-3-402. Public policy - Purpose.
§43A-3-405. Expenditure of funds.
§43A-3-406.1. Purchase of alcohol and drug therapy.
§43A-3-416. Standards - Treatment services and rules of operation - Guidelines.
§43A-3-417. Health and safety standards.
§43A-3-417.1. Transitional living centers and halfway houses – Nondiscriminatory zoning laws.
§43A-3-424. Visitation privileges - Mail or other communication - Telephones.
§43A-3-425. Alcohol- and drug-dependent person with associated medical problems - Treatment.
§43A-3-425.1. HIV education, testing and counseling services.
§43A-3-426. Fees and costs - Payment.
§43A-3-427. Alcohol- or drug-dependent person deemed mentally ill.
§43A-3-428. Intoxicated person in public place - Assistance - Protective custody - Detention.
§43A-3-429. Emergency service patrols.
§43A-3-453. Authorized course providers - Fees - Course requirements.
§43A-3-453.1. Operating facility without certification - Injunction.
§43A-3-453.2. Course facilitator certification - Requirements - Time limit.
§43a-3-460.1. Performing alcohol and drug assessments without certification - Injunction.
§43A-3-601. Opioid substitution treatment programs – Definitions – Rules and standards - Violations.
§43A-3-602. Course of treatment in opioid substitution treatment program – Maximum daily dose.
§43A-3-704. Mental health and substance abuse evaluation - Convicted felons.
§43A-4-101. Humane care and treatment - Food - Discipline - Medical care.
§43A-4-102. Individualized treatment plans - Requirements.
§43A-4-103.1. Custody and control of consumer - Responsibility for care and treatment.
§43A-4-104. Surgical operations - Notice - Emergency.
§43A-4-105. Service of court citation, order or process - Return - Effect.
§43A-4-106. Mechanical restraints - Record.
§43A-4-107a. Visitation privileges - Mail or other communication - Telephones.
§43A-4-108. Labor by consumers - Work therapy - Compensation.
§43A-4-201. Liability of consumer and estate for cost of care and treatment.
§43A-4-202. Amount payable for care and treatment - Inability to pay.
§43A-4-204. Time of payment - Statement of sum due.
§43A-4-205. Payment by guardian - Collection by legal proceeding.
§43A-4-206. Proof of indebtedness - Disposition of money collected.
§43A-5-101. Procedures for admission to state facility, psychiatric hospital or private institution.
§43A-5-102. Official forms required - Order as sufficient authority and protection.
§43A-5-103. Unlawful or malicious confinement in institution.
§43A-5-104. False attestation - Penalty.
§43A-5-201. Rights of detained persons upon entry into facility.
§43A-5-203. Conveying females to facility - Female assistants - County expense.
§43A-5-207. Local Law Enforcement Mental Health Manpower Act.
§43A-5-207v1. Local Law Enforcement Mental Health Manpower Act.
§43A-5-207v2. Local Law Enforcement Mental Health Manpower Act.
§43A-5-208. Initial assessments - Emergency detention - Release.
§43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch Task Force.
§43A-5-302. Informal consumers - Admission.
§43A-5-303. Refusal to admit informal consumer - Liability.
§43A-5-304. Voluntary admission to state facilities - Cost of care and treatment - Bond.
§43A-5-305. Application for voluntary admission.
§43A-5-306. Certificate of physician.
§43A-5-307. Questioning of applicant by judge of the district court - Order.
§43A-5-308. Order authorizing admission.
§43A-5-309. Detention against will prohibited - Notice of desire to be discharged.
§43A-5-310. Mental Health Law provisions applicable.
§43A-5-311. Procedure as cumulative.
§43A-5-410. Petition regarding person requiring treatment.
§43A-5-411. Rights of individual alleged to require treatment.
§43A-5-413. Prehearing detention.
§43A-5-415. Hearing – Order - Records.
§43A-5-416. Alternatives to hospitalization.
§43A-5-417. Precommitment examination - Matters included.
§43A-5-419. Modification order - Notice - Contents of notice.
§43A-5-420. Review of status of persons involuntarily committed for treatment.
§43A-5-421. Emergency service patrols.
§43A-5-501. Short title - Legislative intent.
§43A-5-503. Voluntary and involuntary admission for treatment.
§43A-5-504. Jurisdiction – Venue - Powers of court.
§43A-5-505.1. Protective custody – Statements – Initial assessment.
§43A-5-506. Initial assessment - Emergency admission or detention –Evaluation - Hearing.
§43A-5-508. Mental health evaluation – Contents and signature - Records.
§43A-5-509. Filing of petition - Contents - Proposed individual treatment plan.
§43A-5-510. Notice of hearing on petition - Appointment of attorney - Evaluation report.
§43A-5-511. Hearings - Right to trial by jury.
§43A-5-513. Individualized treatment plan - Discharge plan.
§43A-5-521. Pilot projects for community-based system of care.
§43A-6-101. Nonresident consumers - Transfer to state of residence.
§43A-6-102. Transfer to federal agency for care and treatment.
§43A-6-103. Residents of state in institutions of other states - Admission to Oklahoma institution.
§43A-6-104. Bringing poor or indigent person into state.
§43A-6-201. Enactment of compact - Text.
§43A-6-202. Compact administrator - Powers.
§43A-6-203. Supplemental agreements.
§43A-6-204. Discharge of financial obligations.
§43A-6-205. Proposed transferees.
§43A-7-102. Discharge planning and assistance.
§43A-7-103. Clothing and expenses upon release.
§43A-7-104. Placement of homeless consumers.
§43A-7-105. Delivery of personal funds at time of discharge.
§43A-7-106. Return of property upon death or discharge.
§43A-7-108. Removal or enticement, assistance or encouragement to escape.
§43A-7-112. Judicial proceeding for declaration of restoration to soundness of mind - Procedure.
§43A-9-101. Voluntary treatment - Application - Admission - Discharge.
§43A-10-104. See the following versions:
§43A-10-105. Investigation of report.
§43A-10-106. Voluntary protective services.
§43A-10-107. Involuntary protective services.
§43A-10-108. Petition for involuntary protective services.
§43A-10-109. Utilization of available services.
§43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults.
§43A-10-110. Confidentiality of records and reports.
§43A-10-110.1. Public disclosure.
§43A-10-111. District court orders - Visitation.
§43A-10-111.1. Vulnerable Adult Abuse, Neglect and Exploitation Report.
§43A-10-112. Vulnerable Adult Intervention Task Force - Members - Terms - Duties.
§43A-10-113. Sexual contact form for caretakers.
§43A-11-102. Legislative findings.
§43A-11-104. Execution - Rights not affected - Presumptions.
§43A-11-105. Validity - Witnesses - Eligibility as attorney-in-fact.
§43A-11-106. Form of advance directive - Designation and authority of attorney-in-fact.
§43A-11-109. Revocation - Actual notice.
§43A-11-111. Petition for appointment of guardian.
§43A-11-112. Immunity from civil or criminal liability.
§43A-11-113. Violations - Penalties.
§43A-12-104. Oklahoma Suicide Prevention Council - Responsibilities.
§43A-12-105. Authority of Department - Evaluation report.