Okla. Stat. tit. 43A, § 5-510
Notice of Hearing on Petition - Appointment of Attorney - Independent Mental Health Evaluation
Effective Nov 1, 1995Added by Laws 1992, HB 1544, c. 298, § 10, eff. July 1, 1993; Amended by Laws 1995, HB 1554, c. 254, § 9, eff. November 1, 1995.
A. Upon the filing of a petition alleging a child to be a child in need of mental health treatment, the court shall:
- 1. If the child is not represented by counsel, appoint an attorney to represent the child. An attorney so appointed shall consult with the child at least twenty-four (24) hours prior to the date set for hearing the petition. In addition, the court may appoint a guardian ad litem as provided by Section 1109 [10-1109] of Title 10 of the Oklahoma Statutes;
- 2. Set a date for a hearing on the petition. Said date shall not be less than one (1) day, or more than three (3) days, excluding weekends and legal holidays, from the date of the filing of the petition. Upon the request of the attorney for the child, the date of the hearing may be extended once for up to an additional three (3) days, excluding weekends and holidays; and
- 3. Cause notice of the date, time, place and purpose of the hearing to be given to the petitioner, the child, and, if not the petitioner, the parents of the child and, if applicable, the person in charge of the mental health facility. If the child is a ward of the court, and if not the petitioner, notice shall also be given to a public or private child care agency having legal custody of the child, if any, or to the person at the Department of Human Services, the Office of Juvenile Affairs or the applicable juvenile bureau responsible for the supervision of the case. Said notice shall be given at least twenty-four (24) hours prior to the date set for the hearing and shall be given in such manner as directed by the court.
B. The report of a mental health evaluation of the child by an independent licensed mental health professional shall be attached to a petition for an order committing a child to a facility for inpatient mental health treatment.
- 1. If the court finds the report submitted with the petition to be inadequate to aid the court in the disposition of the case, the court shall order an independent mental health evaluation of the child and the preparation of a proposed individualized treatment plan for the child.
- 2. The court may order such other reports as it deems necessary in order to aid the court in the disposition of the case.
Added by Laws 1992, HB 1544, c. 298, § 10, eff. July 1, 1993; Amended by Laws 1995, HB 1554, c. 254, § 9, eff. November 1, 1995.