Okla. Stat. tit. 43A, § 43A-5-512

Least restrictive alternative - Review of commitment.

A. At the hearing the court shall determine whether by clear

and convincing evidence:

1. 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

2. The minor is a minor in need of treatment proposed in the

individualized treatment plan and is likely to benefit from such

treatment.

B. After a hearing, the court shall order the minor to receive

the least restrictive care and treatment appropriate for the

treatment needs of the minor until such time as the care and

treatment are no longer necessary.

C. The court shall not commit a minor to a facility for

inpatient treatment unless the court determines:

1. 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; or

2. That all reasonable efforts have been made to provide for

the treatment needs of the minor through the provision of less

restrictive alternatives to inpatient treatment and that such

alternatives have failed to meet the treatment needs of the minor;

or

3. After a thorough consideration of less restrictive

alternatives to inpatient treatment, that the condition of the minor

is such that less restrictive alternatives are unlikely to meet the

treatment needs of the minor; and

4. There are no comparably effective services available to the

minor that are less physically intrusive or restrictive.

D. Whenever, after a hearing, the court finds that the minor:

1. Is not a minor in need of treatment the court shall dismiss

the case; or

Oklahoma Statutes - Title 43A. Mental Health Page 177

2. Is a minor in need of treatment but does not require

inpatient treatment, the court may order treatment or services

through a less restrictive alternative to inpatient mental health or

substance abuse treatment, which may include ordering the minor to

take medication as prescribed by a physician and, upon a finding

that it is in the best interests of the minor, the court may order

the parents or other adult persons living in the home of the minor

to comply with reasonable conditions relating to the treatment of

the minor.

E. Whenever, after a hearing, the court finds that the minor is

a minor in need of treatment and requires inpatient treatment in a

mental health or substance abuse treatment facility, the court shall

order the commitment of the minor to a mental health or substance

abuse treatment facility until the minor is no longer a “minor in

need of treatment” as determined by medical staff, subject to the

review provisions contained in this section, and:

1. When the minor is in the custody of a parent or legal

guardian, order the parent or legal guardian to make arrangements

for the admission of the minor to a public or private mental health

or substance abuse treatment facility appropriate for the inpatient

care and treatment of minors which is willing to admit the minor for

treatment; and

2. When the minor is in the custody of the Department of Human

Services or the Office of Juvenile Affairs, order the Department or

Office, as applicable, to make arrangements for the placement of the

minor in a public or private mental health or substance abuse
treatment facility appropriate for the inpatient

care and treatment of minors which is willing to admit the minor for

treatment; and

2. When the minor is in the custody of the Department of Human

Services or the Office of Juvenile Affairs, order the Department or

Office, as applicable, to make arrangements for the placement of the

minor in a public or private mental health or substance abuse

treatment facility appropriate for the inpatient treatment needs of

the minor.

F. Whenever the court commits a minor to a mental health or

substance abuse treatment facility for inpatient treatment pursuant

to this section, the court shall set the matter for review and shall

review the matter not more than thirty (30) days from the date of

commitment and shall continue to review the matter at intervals of

not more than thirty (30) days until the minor is discharged from

inpatient treatment. Not less than three (3) days prior to the

review hearing, the mental health or substance abuse treatment

facility shall submit a report regarding the minor’s progress and

treatment and make a recommendation as to whether the minor needs

inpatient care and the reasons therefor.