{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-512","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-512","heading":"Commitment to treatment facility – Evidence required –","body":"Least restrictive alternative - Review of commitment.\n\nA. At the hearing the court shall determine whether by clear\n\nand convincing evidence:\n\n1. The minor has a demonstrable mental illness or is drug or\n\nalcohol dependent and as a result of that mental illness or drug or\n\nalcohol dependence can be expected within the near future to inflict\n\nor attempt to inflict serious bodily harm to himself or herself, or\n\nanother person if services are not provided, and has engaged in one\n\nor more recent overt acts or made significant recent threats which\n\nsubstantially support that expectation; and\n\n2. The minor is a minor in need of treatment proposed in the\n\nindividualized treatment plan and is likely to benefit from such\n\ntreatment.\n\nB. After a hearing, the court shall order the minor to receive\n\nthe least restrictive care and treatment appropriate for the\n\ntreatment needs of the minor until such time as the care and\n\ntreatment are no longer necessary.\n\nC. The court shall not commit a minor to a facility for\n\ninpatient treatment unless the court determines:\n\n1. The minor has a demonstrable mental illness or is drug or\n\nalcohol dependent and as a result of that mental illness or drug or\n\nalcohol dependence can be expected within the near future to inflict\n\nor attempt to inflict serious bodily harm to himself or herself, or\n\nanother person if services are not provided, and has engaged in one\n\nor more recent overt acts or made significant recent threats which\n\nsubstantially support that expectation; or\n\n2. That all reasonable efforts have been made to provide for\n\nthe treatment needs of the minor through the provision of less\n\nrestrictive alternatives to inpatient treatment and that such\n\nalternatives have failed to meet the treatment needs of the minor;\n\nor\n\n3. After a thorough consideration of less restrictive\n\nalternatives to inpatient treatment, that the condition of the minor\n\nis such that less restrictive alternatives are unlikely to meet the\n\ntreatment needs of the minor; and\n\n4. There are no comparably effective services available to the\n\nminor that are less physically intrusive or restrictive.\n\nD. Whenever, after a hearing, the court finds that the minor:\n\n1. Is not a minor in need of treatment the court shall dismiss\n\nthe case; or\n\n2. Is a minor in need of treatment but does not require\n\ninpatient treatment, the court may order treatment or services\n\nthrough a less restrictive alternative to inpatient mental health or\n\nsubstance abuse treatment, which may include ordering the minor to\n\ntake medication as prescribed by a physician and, upon a finding\n\nthat it is in the best interests of the minor, the court may order\n\nthe parents or other adult persons living in the home of the minor\n\nto comply with reasonable conditions relating to the treatment of\n\nthe minor.\n\nE. Whenever, after a hearing, the court finds that the minor is\n\na minor in need of treatment and requires inpatient treatment in a\n\nmental health or substance abuse treatment facility, the court shall\n\norder the commitment of the minor to a mental health or substance\n\nabuse treatment facility until the minor is no longer a “minor in\n\nneed of treatment” as determined by medical staff, subject to the\n\nreview provisions contained in this section, and:\n\n1. When the minor is in the custody of a parent or legal\n\nguardian, order the parent or legal guardian to make arrangements\n\nfor the admission of the minor to a public or private mental health\n\nor substance abuse treatment facility appropriate for the inpatient\n\ncare and treatment of minors which is willing to admit the minor for\n\ntreatment; and\n\n2. When the minor is in the custody of the Department of Human\n\nServices or the Office of Juvenile Affairs, order the Department or\n\nOffice, as applicable, to make arrangements for the placement of the\n\nminor in a public or private mental health or substance abuse\ntreatment facility appropriate for the inpatient\n\ncare and treatment of minors which is willing to admit the minor for\n\ntreatment; and\n\n2. When the minor is in the custody of the Department of Human\n\nServices or the Office of Juvenile Affairs, order the Department or\n\nOffice, as applicable, to make arrangements for the placement of the\n\nminor in a public or private mental health or substance abuse\n\ntreatment facility appropriate for the inpatient treatment needs of\n\nthe minor.\n\nF. Whenever the court commits a minor to a mental health or\n\nsubstance abuse treatment facility for inpatient treatment pursuant\n\nto this section, the court shall set the matter for review and shall\n\nreview the matter not more than thirty (30) days from the date of\n\ncommitment and shall continue to review the matter at intervals of\n\nnot more than thirty (30) days until the minor is discharged from\n\ninpatient treatment. Not less than three (3) days prior to the\n\nreview hearing, the mental health or substance abuse treatment\n\nfacility shall submit a report regarding the minor’s progress and\n\ntreatment and make a recommendation as to whether the minor needs\n\ninpatient care and the reasons therefor.","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":"21488ac8454709241051dee3c692aa5deb7e731df70e6aab0486d2df6d8583d9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-511","next":"us-ok/okla.-stat.-tit.-43a-43a-5-513"},"notice":"GroundRules: Original legal text. Not legal advice."}