Okla. Stat. tit. 43A, § 5-511
Hearings - Privacy - Transcript - Right to Silence - Decisions - Stipulation of Facts - Teleconference
Effective Jul 1, 2002Laws 1992, HB 1544, c. 298, § 11, eff. July 1, 1993; Amended by Laws 2002, HB 2149, c. 327, § 11, emerg. eff. July 1, 2002 (superseded document available).
- A. Hearings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be private unless specifically ordered by the judge to be conducted in public, but persons having a direct interest in the case shall be admitted. Stenographic notes or other transcript of the hearings shall be kept as in other cases, but they shall not be open to inspection except by order of the court or as otherwise provided by Title 10 of the Oklahoma Statutes for court records relating to children.
- B. The minor may remain silent as a matter of right in hearings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act and shall be so advised. No statement, admission or confession made by the minor alleged to be a minor in need of treatment shall be used against the minor for any purpose except for proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
- C. A decision determining a minor to be a minor in need of treatment must be based on sworn testimony and the minor must have the opportunity for cross-examination unless the facts are stipulated. Where the facts are stipulated, the judge must ascertain from the minor if the minor agrees with the stipulation and understands the consequences of stipulating the facts.
- D. In hearings to determine whether a minor is a minor in need of treatment, the minor shall have the right to demand a trial by jury, which shall be granted as in other cases, unless waived, or the judge on his own motion may call a jury to try any such case. Such jury shall consist of six (6) persons.
Laws 1992, HB 1544, c. 298, § 11, eff. July 1, 1993; Amended by Laws 2002, HB 2149, c. 327, § 11, emerg. eff. July 1, 2002 (superseded document available).