Okla. Stat. tit. 43A, § 43A-5-414
This is the official text of Okla. Stat. tit. 43A, § 43A-5-414, 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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Evaluations
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
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