Oklahoma Code § 43A-5-510

Title 43A. Mental Health: Notice of hearing on petition - Appointment of attorney
Open in Lexace · Ask the AI about this section
- Evaluation report.
Upon the filing of a petition alleging a minor to be a minor in
need of treatment, the court shall:
1.  Appoint an attorney to represent the minor if the minor is
not represented by counsel.  An attorney so appointed shall consult
with the minor 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 1-4-306 of Title 10A of the
Oklahoma Statutes;
2.  Enter any prehearing detention orders as may be necessary;
3.  Set a date for a hearing on the petition.  The 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 minor, the date
of the hearing may be extended once for up to an additional three
(3) days, excluding weekends and holidays; and
4.  Cause notice of the date, time, place and purpose of the
hearing to be given to the petitioner, the minor, the parent(s) or
legal custodian of the minor and the person in charge of the mental
health or substance abuse treatment facility.  If the minor is a
ward of the court, or is in the custody of the Department of Human
Services or the Office of Juvenile Affairs, notice shall also be
given to a public or private child care agency having legal custody
of the minor, 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.  The 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.
Added by Laws 1992, c. 298, § 10, eff. July 1, 1993.  Amended by
Laws 1995, c. 254, § 9, eff. Nov. 1, 1995; Laws 2002, c. 327, § 10,
eff. July 1, 2002; Laws 2003, c. 130, § 10, eff. Nov. 1, 2003; Laws
2009, c. 234, § 141, emerg. eff. May 21, 2009.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.