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§43A-5-507.
§43A-5-507.
A. No child who is taken into protective or emergency custody pursuant
to Section 7003-2.1 of Title 10 of the Oklahoma Statutes or an alleged
deprived child, or who is a ward of the court shall be admitted to a
hospital or mental health facility:
1. On an emergency psychiatric basis except as provided by subsection
C of this section;
2. For an inpatient mental health evaluation except as provided by
subsection D of this section; or
3. For inpatient mental health care and treatment except upon a
commitment order of the court after a finding that the child requires
such services as provided by Section 5-512 of this title.
B. 1. Whenever a child is taken into protective custody as provided by
Section 7003-2.1 of Title 10 of the Oklahoma Statutes and is believed
to be a child in need of mental health treatment, the child shall be
taken to a shelter, hospital, foster home or other appropriate place
as designated by the court, or the child shall be taken immediately
before a judge of the district court for the purpose of obtaining an
order for protective custody. When a child has been taken into
protective custody as a child in need of mental health treatment
without a court order, the peace officer or employee of the court
taking the child into protective custody shall immediately report the
fact of the detention of the child to a judge of the district court in
the county in which the child was taken into protective custody. If no
judge is available locally, the detention shall be reported
immediately to the presiding judge of the judicial administrative
district, or if the presiding judge of the judicial administrative
district cannot be reached, then to any judge regularly serving within
the judicial administrative district.
2. The parent or legal guardian of the child shall be given immediate
notice of the protective custody of the child whenever possible and
prior adequate notice of any hearing pursuant to this subsection.
Within the next two (2) judicial days following the taking of the
child into protective custody, and thereafter at such intervals as may
be determined by the court, the court shall conduct a hearing to
determine whether the child should remain in protective custody or be
released to the parent, guardian, legal custodian or another
responsible person pending further proceedings pursuant to the
Inpatient Mental Health Treatment of Children Act.
3. The court may release a child alleged to be in need of mental
health treatment from protective custody upon such conditions as the
court finds reasonably necessary for the protection of the child or
others.
C. After a prescreening examination and a determination by a licensed
mental health professional that there is reasonable cause to believe
that as a result of a demonstrable mental illness there exists an
imminent danger that the child will intentionally or unintentionally
seriously physically injure himself or another person, a child may be
admitted to a hospital or mental health facility on an emergency
psychiatric basis. Except upon an order of the court for an inpatient
mental health evaluation of the child as provided by subsection D of
this section, such emergency psychiatric admission shall be for not
more than two (2) days, excluding weekends and legal holidays.
D. After a prescreening mental health evaluation and upon an
application by the district attorney, the court may issue an order for
a mental health evaluation of a child who is a ward of the court, or
who has been taken into protective or emergency custody as otherwise
provided by Title 10 of the Oklahoma Statutes, and who appears to be a
child in need of mental health treatment. The evaluation shall be made
by an independent licensed mental health professional.
1. The court shall order an inpatient mental health evaluation only
after a finding that there exists an imminent danger that the child
will cause serious physical injury to that child or another person and
therefore the mental health evaluation cannot be conducted on an
outpatient basis. Such finding shall be based upon clear and
convincing evidence.
2. In all other cases, the court shall order the mental health
evaluation of the child to be conducted on an outpatient basis in or
near the community in which the child resides at the time of such
order.
E. An order committing a child who is a ward of the court for
inpatient evaluation shall order the commitment of the child for not
more than three (3) days, excluding weekends and holidays.
1. A child admitted pursuant to this section shall be evaluated within
forty-eight (48) hours of admission by an independent licensed mental
health professional and a report of the evaluation shall be submitted
to the district attorney.
2. If after the inpatient evaluation it appears that the child may
require inpatient mental health treatment, the district attorney may
file a petition with the court requesting an order committing the
child to a mental health facility for inpatient mental health
treatment. After the filing of a petition and upon an order of the
court, the child may be detained in the mental health facility for no
longer than necessary for a hearing on the petition and further order
of the court.
F. Nothing in this section shall be interpreted to preclude or
prohibit:
1. The admission of a child to a hospital for needed medical care and
services, other than mental health treatment or examination; or
2. A parent having physical custody of a child who is a ward of the
court from arranging for an emergency psychiatric admission of the
child. In such cases, the parent shall immediately notify the person
responsible for the supervision of the case of said admission.
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