{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-412","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-412","heading":"Notice","body":"A. Notice of the date, time and place of the hearing on a\n\npetition alleging a person to be a person requiring treatment shall\n\nbe delivered to such person at least one (1) day prior to the\n\nhearing. Notice shall be personally delivered to the person\n\ntogether with a copy of the petition and copies of the mental health\n\nevaluation and any order of the court directing prehearing\n\ndetention.\n\nB. The notice shall contain the following information:\n\n1. The definitions provided by Section 1-103 of this title of a\n\n\"mental illness\" and a \"person requiring treatment\";\n\n2. If applicable, that the court has ordered the mental health\n\nevaluation of the person by two licensed mental health\n\nprofessionals, at least one of whom is a psychiatrist who is a\n\ndiplomate of the American Board of Psychiatry and Neurology, a\n\nlicensed clinical psychologist, or a licensed Doctor of Medicine or\n\nDoctor of Osteopathy who has received specific training for and is\n\nexperienced in performing mental health therapeutic, diagnostic, or\n\ncounseling functions, for the purpose of conducting an evaluation of\n\nthe person alleged to be a person requiring treatment stating their\n\nfindings, and the time and place of the evaluation;\n\n3. That, upon request, the hearing on the petition may be\n\nconducted as a jury trial and the jury shall be composed of six\n\npersons having the qualifications required of jurors in courts of\n\nrecord;\n\n4. That the petitioner and witnesses identified in the petition\n\nmay offer testimony under oath at the hearing on the petition;\n\n5. If applicable, that the court has appointed an attorney for\n\nthe person alleged to be a person requiring treatment who shall\n\nrepresent the person until final disposition of the case and that if\n\nthe person is indigent, the court shall pay the attorney fees;\n\n6. That, if the person is found at the hearing or at a jury\n\ntrial to be a person requiring treatment under Section 5-410 et seq.\n\nof this title, the court will take evidence and make findings of\n\nfact concerning the person's competency to consent or to refuse the\n\ntreatment that is ordered, including, but not limited to, the right\n\nof the person to refuse psychotropic medications; and\n\n7. That the person alleged to be a person requiring treatment\n\nshall be afforded such other rights as are guaranteed by state and\n\nfederal law.\n\nC. The person delivering the copy of the notice and petition to\n\nthe person alleged to be a person requiring treatment shall, at the\n\ntime of delivery, explain the content, purpose and effect of the\n\nnotice and the legal right to judicial review by habeas corpus.\n\nD. 1. A copy of the notice, the petition, and the attachments\n\nto the petition shall also be delivered at least one (1) day prior\n\nto the hearing to:\n\na. the individual initiating the request for protective\n\ncustody, emergency detention, involuntary commitment\n\nor prehearing detention,\n\nb. the attorney or court-appointed counsel of the person,\n\nto the district attorney, and to the public defender,\n\nif any,\n\nc. the facility, if any, in which the person is detained\n\nin emergency detention,\n\nd. if any exist and if one is known, the treatment\n\nadvocate as defined pursuant to Section 1-109.1 of\n\nthis title, a person having a valid power of attorney\n\nwith health care decision-making authority, a person\n\nhaving a valid guardianship with health care decision-\n\nmaking authority, a person having an advance health\n\ncare directive, or a person having an attorney-in-fact\n\nas designated in a valid mental health advance\n\ndirective, unless specifically indicated otherwise by\n\nthe instrument or court order. The documents shall\n\nnot identify the alleged person requiring treatment\n\ndirectly or indirectly as a person with a substance\n\nabuse disorder, and\n\ne. if the designations or orders listed in subparagraph d\n\nof this paragraph do not exist or are not known, then\n\na parent, spouse, guardian, brother, sister or child\ndirective, unless specifically indicated otherwise by\n\nthe instrument or court order. The documents shall\n\nnot identify the alleged person requiring treatment\n\ndirectly or indirectly as a person with a substance\n\nabuse disorder, and\n\ne. if the designations or orders listed in subparagraph d\n\nof this paragraph do not exist or are not known, then\n\na parent, spouse, guardian, brother, sister or child\n\nwho is at least eighteen (18) years of age of the\n\nperson alleged to be a person requiring treatment and\n\nwho is not the individual initiating the petition or a\n\nrequest for protective custody, emergency detention,\n\ninvoluntary commitment or prehearing detention. The\n\ndocuments shall not identify the alleged person\n\nrequiring treatment directly or indirectly as a person\n\nwith a substance abuse disorder. Notice shall also be\n\ndelivered to any other person as may be ordered by the\n\ncourt.\n\n2. The notice required by this subsection may be served\n\npersonally or by certified mail. When notice is served personally,\n\nthe person making such service shall make affidavit of the same and\n\nfile such notice, with proof of service, with the district court.\n\nThis notice may be served in any part of the state when so ordered\n\nby the court.\n\nE. Notice of orders of a court directing a mental health\n\nevaluation or prehearing detention of a person alleged to be a\n\nperson requiring treatment shall be delivered in substantially the\n\nsame manner as provided by subsection A of this section. Notice of\n\na court order directing a mental health evaluation of the person\n\nshall be delivered at least one (1) day before the evaluation, and\n\nas many additional days as are requested by the person alleged to be\n\na person requiring treatment or the attorney of such person as are\n\nreasonable without prejudice to the person. 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.","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":"2619a1d24079e70309ffa05571250394fa608deda3008e0f2d5149bac371c715","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-411","next":"us-ok/okla.-stat.-tit.-43a-43a-5-413"},"notice":"GroundRules: Original legal text. Not legal advice."}