1. 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. 1. The evaluation shall be conducted on an outpatient basis unless the court has issued an order for prehearing detention.
   2. 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. 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.

2. B. The report of the licensed mental health professionals conducting an evaluation pursuant to this section shall include written findings as to whether:

   1. 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. 2. Based on the following, inpatient treatment is the least restrictive alternative that meets the needs of the person:

      1. 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
      2. 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.

3. 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.

Laws 1997, HB 2024, c. 387, § 8, eff. November 1, 1997.