{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-208","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-208","heading":"Initial assessments - Emergency detention - Release","body":"A. 1. A consumer in protective custody as provided by Section\n\n5-207 of this title shall be subject to an initial assessment at the\n\nappropriate facility by a licensed mental health professional within\n\ntwelve (12) hours of being placed in protective custody for the\n\npurpose of determining whether emergency detention of the consumer\n\nis warranted. The initial assessment of the consumer shall include\n\nan appropriate screening and assessment process, as determined by\n\nthe Department of Mental Health and Substance Abuse Services,\n\ndesigned to identify possible alcohol or drug abuse or dependency.\n\n2. If, upon examination, the licensed mental health\n\nprofessional determines that the consumer is not a person requiring\n\ntreatment or that the condition of the consumer is such that\n\nemergency detention is not warranted, the consumer shall either be\n\nreturned by an officer immediately to the point where the consumer\n\nwas taken into protective custody and released or taken to the home\n\nor residence of such consumer or to an alternative facility. If the\n\nhome or residence of the consumer is a nursing home or group home,\n\nsuch home shall not refuse the return of the consumer to his or her\n\nresidence.\n\n3. If, upon examination, the licensed mental health\n\nprofessional determines that the consumer is a person requiring\n\ntreatment to a degree that emergency detention is warranted, the\n\nlicensed mental health professional shall immediately prepare a\n\nstatement describing the findings of the examination and stating the\n\nbasis for the determination, and the consumer shall be detained in\n\nemergency detention for a period not to exceed one hundred twenty\n\n(120) hours or five (5) days, excluding weekends and holidays,\n\nexcept upon a court order authorizing detention pending a hearing on\n\na petition requesting involuntary commitment or treatment.\n\n4. During the emergency detention period:\n\na. a mental health evaluation of the consumer shall be\n\nconducted by two licensed mental health professionals\n\nand, if the consumer appears to have a mental illness\n\nor be alcohol- or drug-dependent and be a consumer\n\nrequiring treatment, and\n\nb. reasonable efforts shall be made to determine whether\n\nthe consumer has a current and unrevoked advance\n\ndirective executed pursuant to the Advance Directives\n\nfor Mental Health Treatment Act.\n\n5. If during the emergency detention the consumer becomes\n\nmedically unstable, the time limit on the emergency detention period\n\nstipulated in paragraph 3 of this subsection shall be tolled until\n\nthe consumer is treated at a medical facility and is medically\n\nstabilized.\n\nB. 1. If a licensed mental health professional, designated to\n\nhave the responsibility by the executive director or person in\n\ncharge of a hospital, or the executive director or person in charge\n\nof a facility designated by the Commissioner of Mental Health and\n\nSubstance Abuse Services as appropriate for emergency detention\n\nbelieves a voluntary consumer to be a person requiring treatment to\n\na degree that emergency action is necessary, the hospital or\n\nfacility may detain such consumer in emergency detention for a\n\nperiod not to exceed one hundred twenty (120) hours or five (5)\n\ndays, excluding weekends and holidays, only on the following\n\nconditions:\n\na. the consumer has refused to consent or has withdrawn\n\nconsent to voluntary treatment,\n\nb. the consumer has been examined by a licensed mental\n\nhealth professional who has determined that the\n\nconsumer is a person requiring treatment, the\n\ncondition of the consumer is such that emergency\n\ndetention is warranted, and a statement has been\n\nprepared as provided in subsection A of this section,\n\nand\n\nc. the executive director or person in charge or the\n\ndesignee shall provide for a mental health evaluation\n\nof the consumer by two licensed mental health\n\nprofessionals.\n\n2. If during the emergency detention the consumer becomes\nment, the\n\ncondition of the consumer is such that emergency\n\ndetention is warranted, and a statement has been\n\nprepared as provided in subsection A of this section,\n\nand\n\nc. the executive director or person in charge or the\n\ndesignee shall provide for a mental health evaluation\n\nof the consumer by two licensed mental health\n\nprofessionals.\n\n2. If during the emergency detention the consumer becomes\n\nmedically unstable, the time limit on the emergency detention period\n\nstipulated in paragraph 1 of this subsection shall be tolled until\n\nthe consumer is treated at a medical facility and is medically\n\nstabilized.\n\nC. Whenever it appears that a consumer detained pursuant to the\n\nprovisions of this section is no longer a person requiring treatment\n\nand will not require treatment beyond the period of detention, the\n\nconsumer shall be discharged and returned by an officer to the point\n\nwhere he or she was taken into protective custody, or if the\n\nconsumer had not been in protective custody, the consumer shall be\n\ntaken to the home or residence of the consumer or to an alternative\n\nfacility. If the home or residence of the consumer is a nursing\n\nhome or group home, it shall not refuse the return of the consumer\n\nto his or her residence.\n\nD. Whenever it appears that a person detained as provided by\n\nthis section will require treatment beyond the period of emergency\n\ndetention and the person has refused to consent to voluntary\n\ntreatment, a licensed mental health professional conducting an\n\nevaluation of the person or the executive director of the facility\n\nin which the person is being detained, or the designee of the\n\nexecutive director, shall immediately file a petition or request the\n\ndistrict attorney to file a petition with the district court as\n\nprovided by Section 5-410 of this title, and may request a court\n\norder directing prehearing detention when such detention is\n\nnecessary for the protection of the person or others.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6b724c65843289af83b76c8027f863ad7dc7a70813e02061207e905e0c34ca4a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-207v2","next":"us-ok/okla.-stat.-tit.-43a-43a-5-209"},"notice":"GroundRules: Original legal text. Not legal advice."}