{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-509","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-509","heading":"Filing of petition - Contents - Proposed individual","body":"treatment plan.\n\nA. A petition alleging a minor to be a minor in need of\n\ntreatment shall be filed by a district attorney and may be filed by\n\na district attorney only after receipt and review of the mental\n\nhealth evaluation conducted by a licensed mental health professional\n\nstating that in the opinion of the professional the minor has a\n\ndemonstrable mental illness or is drug or alcohol dependent and as a\n\nresult of that mental illness or drug or alcohol dependence can be\n\nexpected within the near future to inflict or attempt to inflict\n\nserious bodily harm to himself or herself or another person if\n\nservices are not provided, and upon the request of:\n\n1. A parent, a public or private child care agency having legal\n\ncustody of the minor, or a mental health or substance abuse\n\ntreatment facility; or\n\n2. When the minor is a ward of the court, the Department of\n\nHuman Services, the Office of Juvenile Affairs or juvenile bureau\n\nhaving supervision of the case or by the parent of the minor with\n\nthe consent of the applicable agency, or juvenile bureau having\n\nsupervision of the case.\n\nB. If after receipt and review of the mental health evaluation\n\nconducted by a licensed mental health professional:\n\n1. The district attorney declines to file a petition, the\n\ndistrict attorney must immediately notify the requesting facility,\n\nin writing, of the refusal to file. Then the minor shall be\n\ndischarged to the custody of the consenting parent or public or\n\nprivate agency having custody of the minor; or\n\n2. The petition is filed, a copy of the mental health\n\nevaluation conducted by the licensed mental health professional\n\nshall be attached to the petition and notice shall be given as\n\nprovided by Section 5-510 of this title.\n\nC. 1. The proceeding shall be entitled \"In the matter of\n\n____________, a minor alleged to be in need of inpatient mental\n\nhealth or substance abuse treatment\".\n\n2. The petition shall allege that the minor has a demonstrable\n\nmental illness or is drug or alcohol dependent and as a result of\n\nthat mental illness or drug or alcohol dependence can be expected\n\nwithin the near future to inflict or attempt to inflict serious\n\nbodily harm to himself or herself, or another person if services are\n\nnot provided and has engaged in one or more recent overt acts or\n\nmade significant recent threats which substantially support that\n\nexpectation and shall be verified and may be based upon information\n\nand belief. The petition shall set forth:\n\na. with particularity the facts which bring the minor\n\nwithin the purview of the Inpatient Mental Health and\n\nSubstance Abuse Treatment of Minors Act,\n\nb. the name, age and residence of the minor,\n\nc. the names and residences of the parents of the minor,\n\nd. the name and residence of the legal guardian of the\n\nminor, if one,\n\ne. the name and residence of the person or persons having\n\ncustody or control of the minor,\n\nf. the name and residence of the nearest known relative,\n\nif no parent or guardian can be found,\n\ng. the relief requested, and\n\nh. an endorsement of witnesses intended to be called by\n\nthe petitioner.\n\nD. Upon the filing of a petition pursuant to this section, if\n\nthe minor has been admitted to a facility, the facility shall ensure\n\nthat a proposed individual treatment plan for the minor is prepared\n\nand submitted to the court at least twenty-four (24) hours prior to\n\nthe time set for the hearing.","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":"4ffe305c60f2f03126f41fcb7c99d1d97d8b502a5130d1665ff48ab082435419","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-508","next":"us-ok/okla.-stat.-tit.-43a-43a-5-510"},"notice":"GroundRules: Original legal text. Not legal advice."}