{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-411","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-411","heading":"Rights of individual alleged to require treatment","body":"A. An individual alleged to be a person requiring treatment\n\nshall have the following rights:\n\n1. The right to notice, as provided by Section 5-412 of this\n\ntitle;\n\n2. The right to counsel, including court-appointed counsel, and\n\nif the person has no counsel, that the court shall appoint an\n\nattorney to represent the person at no cost if the person is an\n\nindigent person and cannot afford an attorney;\n\n3. The right to a hearing and the right to a closed hearing,\n\nunless the person requests otherwise;\n\n4. Upon request, right to a jury trial. The jury shall be\n\ncomposed of six persons having the qualifications required of jurors\n\nin courts of record;\n\n5. The right to be present at the hearing on the petition or\n\njury trial. The person shall be present at the hearing or jury\n\ntrial unless the court finds that the presence of the person alleged\n\nto be a person requiring treatment makes it impossible to conduct\n\nthe hearing or trial in a reasonable manner or that the presence of\n\nthe person would be injurious to the health or well-being of such\n\nperson.\n\na. The court shall not decide in advance of the hearing,\n\nsolely on the basis of the mental health evaluation,\n\nthat the person alleged to be a person requiring\n\ntreatment should not be allowed nor required to\n\nappear.\n\nb. Prior to issuing an order excluding the person from\n\nthe hearing or jury trial, the court shall find, based\n\nupon clear and convincing evidence, that alternatives\n\nto exclusion of the person were attempted;\n\n6. The right to present and to cross-examine witnesses. The\n\npetitioner and witnesses identified in the petition shall offer\n\ntestimony under oath at the hearing on the petition. When the\n\nhearing is conducted as a jury trial, the petitioner and any witness\n\nin behalf of the petitioner shall be subject to cross-examination by\n\nthe attorney for the person alleged to be a person requiring\n\ntreatment. The person alleged to be a person requiring treatment\n\nmay also be called as a witness and cross-examined.\n\nB. An individual alleged to be or found by a court to be a\n\nperson requiring treatment shall be afforded such other rights as\n\nare guaranteed by state and federal law.\n\nC. No statement, admission or confession made by the person\n\nalleged to be a person requiring treatment shall be used for any\n\npurpose except for proceedings under this act. No such statement,\n\nadmission or confession may be used against such person in any\n\ncriminal action whether pending at the time the hearing is held or\n\nfiled against such person at any later time directly or in any\n\nmanner or form.\n\nD. An attorney appointed by the court to represent a person\n\nalleged to be a person requiring treatment shall be a licensed and\n\nactively practicing attorney who shall represent the person until\n\nfinal disposition of the case. The court may appoint a public\n\ndefender where available.\n\n1. The attorney appointed by the court shall meet and consult\n\nwith the person within one (1) day of notification of the\n\nappointment. The attorney shall immediately, upon meeting with the\n\nperson alleged to be a person requiring treatment, present to such\n\nperson a statement of the rights, including all rights afforded to\n\npersons alleged to be a person requiring treatment by the Oklahoma\n\nand the United States Constitutions.\n\n2. The court-appointed attorney shall be replaced by another\n\nattorney if:\n\na. the person alleged to be a person requiring treatment\n\nprefers the services of an attorney other than the one\n\ninitially appointed for the person,\n\nb. the preferred attorney agrees to accept the\n\nresponsibility, and\n\nc. the person alleged to be a person requiring treatment\n\nor the preferred attorney notifies the court of the\n\npreference and the attorney's acceptance of\n\nemployment.\n\nThe preferred attorney shall meet and consult with the person within\n\none (1) day of employment or appointment. Any request for\nitially appointed for the person,\n\nb. the preferred attorney agrees to accept the\n\nresponsibility, and\n\nc. the person alleged to be a person requiring treatment\n\nor the preferred attorney notifies the court of the\n\npreference and the attorney's acceptance of\n\nemployment.\n\nThe preferred attorney shall meet and consult with the person within\n\none (1) day of employment or appointment. Any request for\n\nadditional days shall be subject to the discretion of the court,\n\nconsidering the facts and circumstances of each particular case,\n\nincluding cost.\n\n3. The attorney fees for all services shall be paid by the\n\nperson alleged to be a person requiring treatment. However, if the\n\nperson alleged to be a person requiring treatment, or a person\n\nempowered pursuant to law to act on behalf of such person, submits\n\nan affidavit that such person is indigent and unable to pay attorney\n\nfees, the attorney fees shall be paid from the court fund, after a\n\ndetermination by the court that such person is indigent. The amount\n\nof such fee shall be set by the court.\n\n4. The attorney representing the person alleged to be a person\n\nrequiring treatment shall notify the court of any current and\n\nunrevoked advance directive that has been executed by such person\n\npursuant to the Advance Directives for Mental Health Treatment Act\n\nand provide a written copy of the advance directive, if available,\n\nto the court and a representative of the district attorney's office.","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":"dcb9e0429edfd8686b9c51cfb65926959cd4ec735ca07c7d440f0df1691ebac6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-410","next":"us-ok/okla.-stat.-tit.-43a-43a-5-412"},"notice":"GroundRules: Original legal text. Not legal advice."}