- A. Hearings pursuant to the Inpatient Mental Health Treatment of Children 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 child may remain silent as a matter of right in hearings pursuant to the Inpatient Mental Health Treatment of Children Act and shall be so advised.
- C. A decision determining a child to be a child in need of mental health treatment must be based on sworn testimony and the child must have the opportunity for cross-examination unless the facts are stipulated. Where the facts are stipulated, the judge must ascertain from the child if he agrees with the stipulation and if he understands the consequences of stipulating the facts.
- D. In hearings to determine whether a child is in need of mental health treatment, the child 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.