§ 5-415. Hearing--Order--Records
Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: November 1, 2022
Effective: November 1, 2022
43A Okl.St.Ann. § 5-415
§ 5-415. Hearing--Order--Records
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.
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.
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.
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.
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.
Credits
Laws 1997, c. 387, § 9, eff. Nov. 1, 1997; 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.
43A Okl. St. Ann. § 5-415, OK ST T. 43A § 5-415
Current with emergency effective legislation through Chapter 90 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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