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§ 5-410. Petition regarding person requiring treatment

Oklahoma Statutes AnnotatedTitle 43A. Mental Health

Oklahoma Statutes Annotated
Title 43a. Mental Health (Refs & Annos)
Chapter 1. Mental Health Law of 1986 (Refs & Annos)
Involuntary Commitment Procedure (Refs & Annos)
43A Okl.St.Ann. § 5-410
§ 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.1

Credits

Laws 1997, c. 387, § 4, eff. Nov. 1, 1997; 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.

Footnotes

Title 43A, § 5-501 et seq.
43A Okl. St. Ann. § 5-410, OK ST T. 43A § 5-410
Current with emergency effective legislation through Chapter 449 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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