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§43A-5-414.


§43A-5-414.
   
   A. If a certificate of evaluation is not attached to a petition
   alleging a person to be a mentally ill person and a person requiring
   treatment at the time the petition is filed, the court shall order the
   person who is the subject of the petition to undergo an evaluation by
   two licensed mental health professionals, and a certificate of
   evaluation to be completed and filed with the court prior to the
   hearing.
   
   1. The evaluation shall be conducted on an outpatient basis unless the
   court has issued an order for prehearing detention.
   
   2. A copy of all petitions, orders, affidavits, police reports and
   other relevant documents shall accompany the person to the place where
   the evaluation is to be conducted.
   
   3. Upon completion of the evaluation, the facility shall transmit a
   copy of the report of the licensed mental health professionals
   conducting the evaluation and the certificate of evaluation to the
   court and to the attorney of record for the person evaluated.
   
   B. The report of the licensed mental health professionals conducting
   an evaluation pursuant to this section shall include written findings
   as to whether:
   
   1. The person being evaluated appears to have a demonstrable mental
   illness and as a result of that mental illness can be expected within
   the near future to inflict or attempt to inflict serious bodily harm
   to self or another person if mental health treatment services are not
   provided, and has engaged in one or more recent overt acts or has made
   significant recent threats which reasonably support that expectation,
   and is reasonably likely to benefit from mental health treatment; and
   
   2. Based on the following, inpatient treatment is the least
   restrictive alternative that meets the needs of the person:
   
   a. reasonable efforts have been made to provide for the mental health
   treatment needs of the person through the provision of less
   restrictive alternatives and the alternatives have failed to meet the
   treatment needs of the person, or
   
   b. after a thorough consideration of less restrictive alternatives to
   inpatient treatment, the condition of the person is such that less
   restrictive alternatives are unlikely to meet the treatment needs of
   the person.
   
   C. The certificate of evaluation shall be substantially in the
   following form and signed by two licensed mental health professionals
   who have participated in the evaluation of the person. At least one of
   the licensed mental health professionals shall be a psychiatrist who
   is a diplomate of the American Board of Psychiatry and Neurology, a
   licensed clinical psychologist, or a licensed Doctor of Medicine or
   Doctor of Osteopathy who has received specific training for and is
   experienced in performing mental health therapeutic, diagnostic, or
   counseling functions:
   
                          NOTICE OF CERTIFICATION
                                      
                To the District Court of __________ County,
                                      
                             State of Oklahoma
                                      
   The authorized agency providing evaluation services in the County
   
   of _____________ has evaluated the condition of:
   
   Name _______________________________________________________
   
   Address ____________________________________________________
   
   Age ________________________________________________________
   
   Sex ________________________________________________________
   
   Marital status _____________________________________________
   
   Religious affiliation ______________________________________
   
   We have evaluated the person and make the following findings:
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   The findings are based on the following:
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   The above-named person has been informed of this evaluation, and has
   been advised of, but has not been able or willing to accept referral
   to, the following services:
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   ____________________________________________________________
   
   We hereby state that a copy of this certificate of evaluation has been
   delivered to the attorney of the above-named person.
   

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