Okla. Stat. tit. 43A, § 43A-5-506

Evaluation - Hearing.

A. Any parent, guardian, or law enforcement officer may request

the administrator of a facility or designee to conduct an initial

assessment of a minor to determine whether the minor is a minor

requiring treatment.

B. Following an initial assessment, a minor may be admitted or

detained on an emergency basis in a mental health or substance abuse

treatment facility that is willing to admit or detain the minor for

a period not to exceed five (5) days from the time of admission or

detention, excluding weekends and legal holidays. The admission or

detention for an emergency basis may only exceed five (5) days,

excluding weekends or holidays, if the facility receives a

Oklahoma Statutes - Title 43A. Mental Health Page 170

prehearing detention order authorizing detention pending a hearing

on a petition to determine whether the minor is a minor in need of

treatment and to require inpatient treatment.

C. 1. A minor admitted or detained pursuant to this section

shall be evaluated by a licensed mental health professional to

determine whether the minor is a minor in need of treatment.

a. If the licensed mental health professional determines

that the minor is a minor in need of treatment, the

licensed mental health professional shall submit the

mental health evaluation to the district attorney

within forty-eight (48) hours, excluding weekends or

holidays, of admission, detention, or revocation of

the consent of the minor sixteen (16) years of age or

older or to the parent.

b. If the licensed mental health professional determines

that the minor is not a minor in need of treatment,

the minor shall immediately be discharged.

2. Upon admission or detention of a minor pursuant to this

section, the person requesting the petition shall immediately notify

the district attorney. The district attorney shall file a petition

as provided in Section 5-509 of this title within three (3) days of

receipt of the report and shall request a prehearing detention order

from the court authorizing further detention of the child in the

facility pending a hearing on a petition alleging the minor to be a

minor in need of treatment and to require inpatient treatment and

further order of the court. 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.

a. If the court finds probable cause exists that the

minor is a minor in need of treatment, the court shall

issue a prehearing detention order authorizing the

facility to detain the minor until the hearing on the

petition and to immediately set a date and time for a

hearing on the petition. A certified copy of the

prehearing detention order shall constitute authority

for a facility to detain or continue to detain the

minor who is the subject of the order.

b. If the court does not find probable cause exists that

the minor is a minor in need of treatment, the court

shall dismiss the petition and request for a

prehearing detention order and order the release of

the minor to the minor’s parent.