Internal prototype — noindexed, not linked from public navigation yet.

Okla. Stat. tit. 43A, § 43A-5-509

This is the official text of Okla. Stat. tit. 43A, § 43A-5-509, 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.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Filing of petition - Contents - Proposed individual

Official statutory text

treatment plan.

Oklahoma Statutes - Title 43A. Mental Health Page 173

A. A petition alleging a minor to be a minor in need of

treatment shall be filed by a district attorney and may be filed by

a district attorney only after receipt and review of the mental

health evaluation conducted by a licensed mental health professional

stating that in the opinion of the professional the minor has a

demonstrable mental illness or is drug or alcohol dependent and as a

result of that mental illness or drug or alcohol dependence can be

expected within the near future to inflict or attempt to inflict

serious bodily harm to himself or herself or another person if

services are not provided, and upon the request of:

1. A parent, a public or private child care agency having legal

custody of the minor, or a mental health or substance abuse

treatment facility; or

2. When the minor is a ward of the court, the Department of

Human Services, the Office of Juvenile Affairs or juvenile bureau

having supervision of the case or by the parent of the minor with

the consent of the applicable agency, or juvenile bureau having

supervision of the case.

B. If after receipt and review of the mental health evaluation

conducted by a licensed mental health professional:

1. The district attorney declines to file a petition, the

district attorney must immediately notify the requesting facility,

in writing, of the refusal to file. Then the minor shall be

discharged to the custody of the consenting parent or public or

private agency having custody of the minor; or

2. The petition is filed, a copy of the mental health

evaluation conducted by the licensed mental health professional

shall be attached to the petition and notice shall be given as

provided by Section 5-510 of this title.

C. 1. The proceeding shall be entitled "In the matter of

____________, a minor alleged to be in need of inpatient mental

health or substance abuse treatment".

2. The petition shall allege that the minor has a demonstrable

mental illness or is drug or alcohol dependent and as a result of

that mental illness or drug or alcohol dependence can be expected

within the near future to inflict or attempt to inflict serious

bodily harm to himself or herself, or another person if services are

not provided and has engaged in one or more recent overt acts or

made significant recent threats which substantially support that

expectation and shall be verified and may be based upon information

and belief. The petition shall set forth:

a. with particularity the facts which bring the minor

within the purview of the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act,

b. the name, age and residence of the minor,

c. the names and residences of the parents of the minor,

Oklahoma Statutes - Title 43A. Mental Health Page 174

d. the name and residence of the legal guardian of the

minor, if one,

e. the name and residence of the person or persons having

custody or control of the minor,

f. the name and residence of the nearest known relative,

if no parent or guardian can be found,

g. the relief requested, and

h. an endorsement of witnesses intended to be called by

the petitioner.

D. Upon the filing of a petition pursuant to this section, if

the minor has been admitted to a facility, the facility shall ensure

that a proposed individual treatment plan for the minor is prepared

and submitted to the court at least twenty-four (24) hours prior to

the time set for the hearing.

Status: in_force · Read it on the official government site

Need a lawyer in Oklahoma?

Find a Oklahoma lawyer
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.