Okla. Stat. tit. 10A, § 2-2-804
Children in Need of Behavioral Health Treatment - Providing Care
Effective Jul 1, 2002Added by Laws 1986, HB 1856, c. 286, § 5, emerg. eff. June 24, 1986; Amended by Laws 1989, HB 1378, c. 345, § 5, eff. October 1, 1989; Amended by Laws 1990, HB 1815, c. 238, § 7, emerg. eff. May 21, 1990; Amended by Laws 1990, HB 2361, c. 337, § 4; Amended by Laws 1991, HB 1762, c. 335, § 3, emerg. eff. June 15, 1991; Amended by Laws 1992, HB 1544, c. 298, § 32, eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 146, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1135.1 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1990, c. 51, § 7 (repealed by Laws 1990, c. 337, § 26); Amended by Laws 1990, c. 302, § 11 (repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991); Amended by Laws 2002, HB 2149, c. 327, § 29, emerg. eff. July 1, 2002 (superseded document available).
A. The Department of Juvenile Justice may provide for the care of a child who is in the custody of the Office of Juvenile Affairs and found by a court to be a minor in need of treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act:
- 1. In the home of the child, the home of a relative of the child, a foster home, a group home, a transitional living program, an independent living program or in any other community-based child care facility determined by the Department to be appropriate for the care of the child, or as otherwise provided by the Oklahoma Juvenile Code, and shall provide for the outpatient care and treatment of the child; or
- 2. The Department shall place a child who has been committed by a court for inpatient mental health or substance abuse treatment as provided by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act in a Department-operated treatment center or a public or private facility as determined by the Department. The Department may place such child with the Department of Mental Health and Substance Abuse Services upon the consent of the Commissioner of Mental Health and Substance Abuse Services or his designee. The Department shall establish a system for the regular review by a qualified mental health professional, at intervals of not more than thirty (30) days, of the case of each child in need of treatment in the custody of the Department and receiving inpatient care and treatment to determine whether or not continued inpatient treatment is required and appropriate for the child. When such child no longer requires inpatient care and treatment in a mental health treatment facility, the Department shall place the child as provided in paragraph 1 of this subsection.
B. In providing for the outpatient mental health care and the treatment of children in its custody, the Department of Juvenile Justice shall utilize to the maximum extent possible and appropriate the services available through:
- 1. The guidance centers operated by the State Department of Health; and
- 2. The Department of Mental Health and Substance Abuse Services;
- 3. The Department of Human Services; and
- 4. Community-based private agencies and organizations.
Added by Laws 1986, HB 1856, c. 286, § 5, emerg. eff. June 24, 1986; Amended by Laws 1989, HB 1378, c. 345, § 5, eff. October 1, 1989; Amended by Laws 1990, HB 1815, c. 238, § 7, emerg. eff. May 21, 1990; Amended by Laws 1990, HB 2361, c. 337, § 4; Amended by Laws 1991, HB 1762, c. 335, § 3, emerg. eff. June 15, 1991; Amended by Laws 1992, HB 1544, c. 298, § 32, eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 146, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1135.1 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1990, c. 51, § 7 (repealed by Laws 1990, c. 337, § 26); Amended by Laws 1990, c. 302, § 11 (repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991); Amended by Laws 2002, HB 2149, c. 327, § 29, emerg. eff. July 1, 2002 (superseded document available).