1. A. No child who is taken into protective or emergency custody pursuant to Section 1107 [10-1107] 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. 1. On an emergency psychiatric basis except as provided by subsection C of this section;
   2. 2. For an inpatient mental health evaluation except as provided by subsection D of this section; or
   3. 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 43A-5-512 of this title.

2. B.

   1. 1. Whenever a child is taken into protective custody as provided by Section 1107 [10-1107] 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. 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. 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.
3. 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.

4. 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. 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. 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.

5. 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. 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. 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.

6. F. Nothing in this section shall be interpreted to preclude or prohibit:

   1. 1. The admission of a child to a hospital for needed medical care and services, other than mental health treatment or examination; or
   2. 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.

Laws 1992, HB 1544, c. 298, § 7, eff. July 1, 1993; Amended by Laws 1994, HB 2243, c. 156, § 2, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1554, c. 254, § 6, eff. November 1, 1995.