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.
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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.
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
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