Okla. Stat. tit. 43A, § 43A-5-415

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.

Oklahoma Statutes - Title 43A. Mental Health Page 149

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)
ce 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

Oklahoma Statutes - Title 43A. Mental Health Page 150

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.