{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-415","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-415","heading":"Hearing – Order - Records","body":"A. Upon receiving a petition alleging a person to be a person\n\nrequiring treatment, the court shall set a day and time for the\n\nhearing.\n\n1. If the person alleged to be a person requiring treatment\n\ndoes not have an attorney, the court shall immediately appoint an\n\nattorney for the person.\n\n2. If a copy of a mental health evaluation is not attached to\n\nthe petition at the time it is filed, the court shall immediately\n\norder a mental health evaluation of the person as provided by\n\nSection 5-414 of this title.\n\nB. If the court deems it necessary, or if the person alleged to\n\nbe a person requiring treatment demands, the court shall schedule\n\nthe hearing on the petition as a jury trial to be held within one\n\nhundred twenty (120) hours or five (5) days of the demand, excluding\n\nweekends and holidays, or within as much additional time as is\n\nrequested by the attorney of such person upon good cause shown.\n\nC. The court, at the hearing on the petition, shall determine\n\nby clear and convincing evidence whether the person is a person\n\nrequiring treatment.\n\n1. The court shall take evidence and make findings of fact\n\nconcerning the person's competency to consent to or refuse the\n\ntreatment that may be ordered, including, but not limited to, the\n\nconsumer's right to refuse medication.\n\n2. If a jury trial is not demanded, the court may receive as\n\nevidence and act upon the affidavits of the licensed mental health\n\nprofessionals who evaluated the person and the mental health\n\nevaluation.\n\n3. When the hearing is conducted as a jury trial, the\n\npetitioner and any witness in behalf of the petitioner shall be\n\nsubject to cross-examination by the attorney for the person alleged\n\nto be a person requiring treatment. The person alleged to be a\n\nperson requiring treatment may also be called as a witness and\n\ncross-examined.\n\nD. After the hearing, when the court determines that the person\n\nis not a person requiring treatment, the court shall dismiss the\n\npetition and, if the person is being detained, order the person to\n\nbe discharged from detention.\n\nE. After the hearing, when the court determines the person to\n\nbe a person requiring treatment, the court shall order the person to\n\nreceive the least restrictive treatment consistent with the\n\ntreatment needs of the person and the safety of the person and\n\nothers.\n\n1. The court shall not order hospitalization without a thorough\n\nconsideration of available treatment alternatives to hospitalization\n\nand may direct the submission of evidence as to the least\n\nrestrictive treatment alternative or may order a mental health\n\nexamination.\n\n2. If the court finds that a program other than hospitalization\n\nis appropriate to meet the treatment needs of the individual and is\n\nsufficient to prevent injury to the individual or to others, the\n\ncourt may order the individual to receive whatever treatment other\n\nthan hospitalization that is appropriate for a period set by the\n\ncourt, during which time the court shall continue its jurisdiction\n\nover the individual as a person requiring treatment.\n\n3. If the court orders the person to be committed for\n\ninvoluntary inpatient treatment, the court shall commit the person\n\nto the custody of the Department of Mental Health and Substance\n\nAbuse Services for a placement that is suitable to the person's\n\nneeds or to a private facility willing to accept the person for\n\ntreatment.\n\n4. The person shall be delivered to the custody of the\n\nDepartment of Mental Health and Substance Abuse Services for a\n\nplacement that is suitable to the person's needs or to a private\n\nfacility willing to accept the person for treatment.\n\n5. If the person is placed in the custody of the Department,\n\nthe Department may designate two or more facilities to provide\n\ntreatment and if the person to be treated or a parent, spouse,\n\nguardian, brother, sister or child, who is at least eighteen (18)\nce Abuse Services for a\n\nplacement that is suitable to the person's needs or to a private\n\nfacility willing to accept the person for treatment.\n\n5. If the person is placed in the custody of the Department,\n\nthe Department may designate two or more facilities to provide\n\ntreatment and if the person to be treated or a parent, spouse,\n\nguardian, brother, sister or child, who is at least eighteen (18)\n\nyears of age, of the person, expresses a preference for one such\n\nfacility, the Department shall attempt, if administratively\n\npossible, to comply with the preference.\n\n6. The person shall be discharged from inpatient treatment at\n\nsuch time as the person no longer requires treatment as determined\n\nby the executive director of the facility or the designee of the\n\nexecutive director, or as otherwise required by law.\n\nF. The court shall make and keep records of all cases brought\n\nbefore it.\n\n1. Except as provided in Section 1290.27 of Title 21 of the\n\nOklahoma Statutes, no records of proceedings pursuant to this\n\nsection shall be open to public inspection except by order of the\n\ncourt or to employees of the Department of Mental Health and\n\nSubstance Abuse Services if the person is placed at a state facility\n\nor the employees of the private facility where admitted if accepted\n\ninto a private facility, the person's attorney of record, the\n\nperson's treatment advocate as defined pursuant to Section 1-109.1\n\nof this title, if any, a person having a valid power of attorney\n\nwith health care decision-making authority, a person having valid\n\nguardianship with health care decision-making authority, a person\n\nhaving an advance health care directive, a person having an\n\nattorney-in-fact as designated in a valid mental health advance\n\ndirective or persons having a legitimate treatment interest, unless\n\nspecifically indicated otherwise by the instrument or court order.\n\nThe documents shall not identify the alleged person requiring\n\ntreatment directly or indirectly as a person with a substance abuse\n\ndisorder.\n\n2. Bonded abstractors may be deemed to be persons having a\n\nlegitimate interest for the purpose of having access to records\n\nregarding determinations of persons requiring treatment under this\n\nsection.","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":"5292d9b91a64c41d97a0b541ba7b3bb9344c0c0e1cffbbfa97568c3111203e53","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-414","next":"us-ok/okla.-stat.-tit.-43a-43a-5-416"},"notice":"GroundRules: Original legal text. Not legal advice."}