Okla. Stat. tit. 43A, § 43A-5-412

This is the official text of Okla. Stat. tit. 43A, § 43A-5-412, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.

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Notice

Official statutory text

A. Notice of the date, time and place of the hearing on a

petition alleging a person to be a person requiring treatment shall

be delivered to such person at least one (1) day prior to the

hearing. Notice shall be personally delivered to the person

together with a copy of the petition and copies of the mental health

evaluation and any order of the court directing prehearing

detention.

B. The notice shall contain the following information:

1. The definitions provided by Section 1-103 of this title of a

"mental illness" and a "person requiring treatment";

2. If applicable, that the court has ordered the mental health

evaluation of the person by two licensed mental health

professionals, at least one of whom is a psychiatrist who is a

diplomate of the American Board of Psychiatry and Neurology, a

licensed clinical psychologist, or a licensed Doctor of Medicine or

Doctor of Osteopathy who has received specific training for and is

experienced in performing mental health therapeutic, diagnostic, or

counseling functions, for the purpose of conducting an evaluation of

the person alleged to be a person requiring treatment stating their

findings, and the time and place of the evaluation;

3. That, upon request, the hearing on the petition may be

conducted as a jury trial and the jury shall be composed of six

persons having the qualifications required of jurors in courts of

record;

4. That the petitioner and witnesses identified in the petition

may offer testimony under oath at the hearing on the petition;

5. If applicable, that the court has appointed an attorney for

the person alleged to be a person requiring treatment who shall

represent the person until final disposition of the case and that if

the person is indigent, the court shall pay the attorney fees;

6. That, if the person is found at the hearing or at a jury

trial to be a person requiring treatment under Section 5-410 et seq.

of this title, the court will take evidence and make findings of

fact concerning the person's competency to consent or to refuse the

treatment that is ordered, including, but not limited to, the right

of the person to refuse psychotropic medications; and

7. That the person alleged to be a person requiring treatment

shall be afforded such other rights as are guaranteed by state and

federal law.

C. The person delivering the copy of the notice and petition to

the person alleged to be a person requiring treatment shall, at the

Oklahoma Statutes - Title 43A. Mental Health Page 145

time of delivery, explain the content, purpose and effect of the

notice and the legal right to judicial review by habeas corpus.

D. 1. A copy of the notice, the petition, and the attachments

to the petition shall also be delivered at least one (1) day prior

to the hearing to:

a. the individual initiating the request for protective

custody, emergency detention, involuntary commitment

or prehearing detention,

b. the attorney or court-appointed counsel of the person,

to the district attorney, and to the public defender,

if any,

c. the facility, if any, in which the person is detained

in emergency detention,

d. if any exist and if one is known, the treatment

advocate as defined pursuant to Section 1-109.1 of

this title, a person having a valid power of attorney

with health care decision-making authority, a person

having a valid guardianship with health care decision-

making authority, a person having an advance health

care directive, or a person having an attorney-in-fact

as designated in a valid mental health advance

directive, 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, and

e. if the designations or orders listed in subparagraph d

of this paragraph do not exist or are not known, then

a parent, spouse, guardian, brother, sister or child
directive, 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, and

e. if the designations or orders listed in subparagraph d

of this paragraph do not exist or are not known, then

a parent, spouse, guardian, brother, sister or child

who is at least eighteen (18) years of age of the

person alleged to be a person requiring treatment and

who is not the individual initiating the petition or a

request for protective custody, emergency detention,

involuntary commitment or prehearing detention. The

documents shall not identify the alleged person

requiring treatment directly or indirectly as a person

with a substance abuse disorder. Notice shall also be

delivered to any other person as may be ordered by the

court.

2. The notice required by this subsection may be served

personally or by certified mail. When notice is served personally,

the person making such service shall make affidavit of the same and

file such notice, with proof of service, with the district court.

This notice may be served in any part of the state when so ordered

by the court.

E. Notice of orders of a court directing a mental health

evaluation or prehearing detention of a person alleged to be a

Oklahoma Statutes - Title 43A. Mental Health Page 146

person requiring treatment shall be delivered in substantially the

same manner as provided by subsection A of this section. Notice of

a court order directing a mental health evaluation of the person

shall be delivered at least one (1) day before the evaluation, and

as many additional days as are requested by the person alleged to be

a person requiring treatment or the attorney of such person as are

reasonable without prejudice to the person. Any request for

additional days shall be subject to the discretion of the court,

considering the facts and circumstances of each particular case.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.