1. A. No minor who is taken into protective or emergency custody pursuant to Section 7003-2.1 of Title 10 of the Oklahoma Statutes as an alleged deprived child, or who has been adjudicated a ward of the court shall be admitted to a hospital or mental health or substance abuse treatment 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 treatment except upon a commitment order of the court after a finding that the minor requires such services as provided by Section 5-512 of this title.

2. B.

   1. 1. Whenever a minor 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 minor in need of treatment, the minor shall be taken to a shelter, hospital, foster home or other appropriate place as designated by the court, or the minor shall be taken immediately before a judge of the district court for the purpose of obtaining an order for emergency custody. When a minor has been taken into protective custody as a minor in need of treatment without a court order, the peace officer or employee of the court taking the minor into protective custody shall immediately report the fact of the detention of the minor to a judge of the district court in the county in which the minor 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 minor shall be given immediate notice of the protective custody of the minor 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 minor 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 minor 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 and Substance Abuse Treatment of Minors Act.
   3. 3. The court may release a minor alleged to be a minor in need of treatment from protective custody upon such conditions as the court finds reasonably necessary for the protection of the minor 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 or drug or alcohol dependence there exists an imminent danger that the minor will intentionally or unintentionally seriously physically injure himself or another person, a minor may be admitted to a hospital or mental health or substance abuse treatment facility on an emergency psychiatric basis. Except upon an order of the court for an inpatient evaluation of the minor as provided by subsection D of this section, such emergency admission shall be for not more than two (2) days, excluding weekends and legal holidays.

4. D. After a prescreening evaluation and upon an application by the district attorney, the court may issue an order for an evaluation of a minor 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 minor in need of treatment. The evaluation shall be made by a licensed mental health professional.

   1. 1. The court shall order an inpatient evaluation only after a finding that there exists an imminent danger that the minor will cause serious physical injury to that minor or another person and therefore the 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 evaluation of the minor to be conducted on an outpatient basis in or near the community in which the minor resides at the time of such order.

5. E. An order committing a minor who is a ward of the court for inpatient evaluation shall order the commitment of the minor for not more than three (3) days, excluding weekends and holidays.

   1. 1. A minor admitted pursuant to this section shall be evaluated within forty-eight (48) hours of admission by a licensed mental health professional and a report of the evaluation submitted to the district attorney.
   2. 2. If after the inpatient evaluation it appears that the minor may require inpatient treatment, the district attorney may file a petition with the court requesting an order committing the minor to a facility for inpatient treatment. After the filing of a petition and upon an order of the court, the minor may be detained in the 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 minor 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 minor who is a ward of the court from arranging for an emergency admission of the minor. 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; Amended by Laws 1997, HB 1927, c. 386, § 22, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 7, emerg. eff. July 1, 2002 (superseded document available).