Okla. Stat. tit. 43A, § 43A-5-505.1

Oklahoma Statutes - Title 43A. Mental Health Page 168

A. Any minor who appears to be mentally ill, alcohol-dependent,

or drug-dependent to a degree that immediate emergency action is

necessary may be taken into protective custody and detained pursuant

to the provisions of this section.

B. Any peace officer who reasonably believes that a minor is a

minor in need of treatment as defined in Section 5-502 of this title

shall take the minor into protective custody and shall transport the

minor to a mental health or substance abuse treatment facility for

evaluation. Peace officers providing such transportation services

shall be entitled to reimbursement pursuant to Section 1-110 of this

title.

C. The officer shall prepare a written statement indicating the

basis for the belief of the officer that the minor is a minor in

need of treatment and the circumstances under which the officer took

the person into protective custody. The officer shall give a copy

of the statement to the parent of the minor or the attorney of the

minor upon the request of either. If the officer does not make the

determination to take an individual into protective custody on the

basis of the personal observation of the officer, the officer shall

not be required to prepare a written statement. However, the person

upon whose statement the officer relies shall sign a third-party

statement indicating the basis for such belief of the person that

the minor is a minor in need of treatment. Any false statement

given to the officer by the person upon whose statement the officer

relies shall be a misdemeanor and subject to the sanctions of Title

21 of the Oklahoma Statutes.

D. A minor in protective custody shall be subject to an initial

assessment at the appropriate facility by a licensed mental health

professional for the purpose of determining whether emergency

detention is warranted.

1. If the licensed mental health professional determines that

the minor is not a minor in need of treatment or that the condition

of the minor is such that emergency detention is not warranted, the

minor shall be returned immediately to the point where the minor was

taken into protective custody and released or the minor may be taken

to the home or residence of the minor or to an alternative facility.

2. If the licensed mental health professional determines that

the minor is a minor in need of treatment to a degree that emergency

detention is warranted, the minor shall be detained in emergency

detention for a period not to exceed five (5) days, excluding

weekends and holidays. The detention may exceed five (5) days,

excluding weekends and holidays, upon a court order authorizing

detention pending a hearing on a petition requesting involuntary

commitment or treatment.

E. If a licensed mental health professional designated to have

such responsibility by the executive director of a hospital, or the

administrator of a facility designated by the Commissioner of Mental

Oklahoma Statutes - Title 43A. Mental Health Page 169

Health and Substance Abuse Services as appropriate for emergency

detention believes a minor to be a minor requiring treatment to a

degree that emergency action is necessary, the administrator may

detain such minor in emergency detention for a period not to exceed

five (5) days, excluding weekends and holidays, only on the

following conditions:

1. The minor sixteen (16) years of age or older or parent of

the minor has refused to consent or has withdrawn consent to

voluntary treatment;

2. The minor has been examined by a licensed mental health

professional who has determined that the minor is a minor in need of

treatment, the condition of the minor is such that emergency

detention is warranted, and a mental health evaluation has been

prepared as provided in Section 5-508 of this title; and

3. The administrator or the designee of the administrator shall
voluntary treatment;

2. The minor has been examined by a licensed mental health

professional who has determined that the minor is a minor in need of

treatment, the condition of the minor is such that emergency

detention is warranted, and a mental health evaluation has been

prepared as provided in Section 5-508 of this title; and

3. The administrator or the designee of the administrator shall

provide for an initial assessment of the minor by a licensed mental

health professional.

F. Whenever it appears that a person detained as provided by

this section will require treatment beyond the period of emergency

detention and the minor sixteen (16) years of age or older or parent

of the minor has refused to consent to voluntary treatment, a

licensed mental health professional conducting an initial assessment

of the minor or the administrator of the facility in which the minor

is being detained, or the designee of the administrator, shall

immediately file a petition or request the district attorney to file

a petition with the district court as provided by Section 5-509 of

this title, and may request a court order directing prehearing

detention when detention is necessary for the protection of the

person or others. If the district attorney refuses to file a

petition, the district attorney must immediately notify the

requesting facility, in writing, of the refusal to file.