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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43A, § 43A-5-511: Hearings - Right to trial by jury

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Where this section sits in the code
  1. OK Code
  2. Title 43A

A. Hearings pursuant to the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act shall be private unless

specifically ordered by the judge to be conducted in public, but

persons having a direct interest in the case shall be admitted.

Stenographic notes or other transcript of the hearings shall be kept

as in other cases, but they shall not be open to inspection except

by order of the court or as otherwise provided by Title 10A of the

Oklahoma Statutes for court records relating to children.

B. The minor may remain silent as a matter of right in hearings

pursuant to the Inpatient Mental Health and Substance Abuse

Treatment of Minors Act and shall be so advised. No statement,

admission or confession made by the minor alleged to be a minor in

need of treatment shall be used against the minor for any purpose

except for proceedings pursuant to the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act.

C. A decision determining a minor to be a minor in need of

treatment shall be made by the judge; provided, however, the judge

on his or her own motion may call a jury to try any such case. Such

decision must be based on sworn testimony and the minor must have

the opportunity for cross-examination unless the facts are

stipulated. Where the facts are stipulated, the judge must

ascertain from the minor if the minor agrees with the stipulation

and understands the consequences of stipulating the facts.

D. The court may receive as evidence and act upon the

evaluation or report of the licensed mental health professional who

evaluated the minor.

E. If authorized by the court, any proceeding held pursuant to

the Inpatient Mental Health and Substance Abuse Treatment of Minors

Act may be conducted via teleconference communication; provided,

that when a parent or child appears for a proceeding via

teleconference, the attorney representing that parent or child shall

personally appear at the hearing. For purposes of this paragraph,

"teleconference communication" means participation in the hearing by

interactive telecommunication, including telephonic communication,

by the absent party, those parties present in court, the attorneys,

and others deemed to be necessary participants to the proceeding

including, but not limited to, foster parents and facility staff

where a child may be receiving care or treatment.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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