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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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