{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-505.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-505.1","heading":"Protective custody – Statements – Initial assessment","body":"\n\nA. Any minor who appears to be mentally ill, alcohol-dependent,\n\nor drug-dependent to a degree that immediate emergency action is\n\nnecessary may be taken into protective custody and detained pursuant\n\nto the provisions of this section.\n\nB. Any peace officer who reasonably believes that a minor is a\n\nminor in need of treatment as defined in Section 5-502 of this title\n\nshall take the minor into protective custody and shall transport the\n\nminor to a mental health or substance abuse treatment facility for\n\nevaluation. Peace officers providing such transportation services\n\nshall be entitled to reimbursement pursuant to Section 1-110 of this\n\ntitle.\n\nC. The officer shall prepare a written statement indicating the\n\nbasis for the belief of the officer that the minor is a minor in\n\nneed of treatment and the circumstances under which the officer took\n\nthe person into protective custody. The officer shall give a copy\n\nof the statement to the parent of the minor or the attorney of the\n\nminor upon the request of either. If the officer does not make the\n\ndetermination to take an individual into protective custody on the\n\nbasis of the personal observation of the officer, the officer shall\n\nnot be required to prepare a written statement. However, the person\n\nupon whose statement the officer relies shall sign a third-party\n\nstatement indicating the basis for such belief of the person that\n\nthe minor is a minor in need of treatment. Any false statement\n\ngiven to the officer by the person upon whose statement the officer\n\nrelies shall be a misdemeanor and subject to the sanctions of Title\n\n21 of the Oklahoma Statutes.\n\nD. A minor in protective custody shall be subject to an initial\n\nassessment at the appropriate facility by a licensed mental health\n\nprofessional for the purpose of determining whether emergency\n\ndetention is warranted.\n\n1. If the licensed mental health professional determines that\n\nthe minor is not a minor in need of treatment or that the condition\n\nof the minor is such that emergency detention is not warranted, the\n\nminor shall be returned immediately to the point where the minor was\n\ntaken into protective custody and released or the minor may be taken\n\nto the home or residence of the minor or to an alternative facility.\n\n2. If the licensed mental health professional determines that\n\nthe minor is a minor in need of treatment to a degree that emergency\n\ndetention is warranted, the minor shall be detained in emergency\n\ndetention for a period not to exceed five (5) days, excluding\n\nweekends and holidays. The detention may exceed five (5) days,\n\nexcluding weekends and holidays, upon a court order authorizing\n\ndetention pending a hearing on a petition requesting involuntary\n\ncommitment or treatment.\n\nE. If a licensed mental health professional designated to have\n\nsuch responsibility by the executive director of a hospital, or the\n\nadministrator of a facility designated by the Commissioner of Mental\n\nHealth and Substance Abuse Services as appropriate for emergency\n\ndetention believes a minor to be a minor requiring treatment to a\n\ndegree that emergency action is necessary, the administrator may\n\ndetain such minor in emergency detention for a period not to exceed\n\nfive (5) days, excluding weekends and holidays, only on the\n\nfollowing conditions:\n\n1. The minor sixteen (16) years of age or older or parent of\n\nthe minor has refused to consent or has withdrawn consent to\n\nvoluntary treatment;\n\n2. The minor has been examined by a licensed mental health\n\nprofessional who has determined that the minor is a minor in need of\n\ntreatment, the condition of the minor is such that emergency\n\ndetention is warranted, and a mental health evaluation has been\n\nprepared as provided in Section 5-508 of this title; and\n\n3. The administrator or the designee of the administrator shall\nvoluntary treatment;\n\n2. The minor has been examined by a licensed mental health\n\nprofessional who has determined that the minor is a minor in need of\n\ntreatment, the condition of the minor is such that emergency\n\ndetention is warranted, and a mental health evaluation has been\n\nprepared as provided in Section 5-508 of this title; and\n\n3. The administrator or the designee of the administrator shall\n\nprovide for an initial assessment of the minor by a licensed mental\n\nhealth professional.\n\nF. 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 minor sixteen (16) years of age or older or parent\n\nof the minor has refused to consent to voluntary treatment, a\n\nlicensed mental health professional conducting an initial assessment\n\nof the minor or the administrator of the facility in which the minor\n\nis being detained, or the designee of the administrator, shall\n\nimmediately file a petition or request the district attorney to file\n\na petition with the district court as provided by Section 5-509 of\n\nthis title, and may request a court order directing prehearing\n\ndetention when detention is necessary for the protection of the\n\nperson or others. If the district attorney refuses to file a\n\npetition, the district attorney must immediately notify the\n\nrequesting facility, in writing, of the refusal to file.","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":"b2c46958c9e1d0989fadec17e63c2ba4fcf8e609aa8be42aed9fa0141aaf5f32","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-504","next":"us-ok/okla.-stat.-tit.-43a-43a-5-506"},"notice":"GroundRules: Original legal text. Not legal advice."}