§ 43A-5-505.1. Protective custody – Statements – Initial assessment.

A.  Any minor who appears to be mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained pursuant to the provisions of this section.

B.  Any peace officer who reasonably believes that a minor is a minor in need of treatment as defined in Section 5-502 of this title shall take the minor into protective custody and shall transport the minor to a mental health or substance abuse treatment facility for evaluation.  Peace officers providing such transportation services shall be entitled to reimbursement pursuant to Section 1-110 of this title.

C.  The officer shall prepare a written statement indicating the basis for the belief of the officer that the minor is a minor in need of treatment and the circumstances under which the officer took the person into protective custody.  The officer shall give a copy of the statement to the parent of the minor or the attorney of the minor upon the request of either.  If the officer does not make the determination to take an individual into protective custody on the basis of the personal observation of the officer, the officer shall not be required to prepare a written statement.  However, the person upon whose statement the officer relies shall sign a third-party statement indicating the basis for such belief of the person that the minor is a minor in need of treatment.  Any false statement given to the officer by the person upon whose statement the officer relies shall be a misdemeanor and subject to the sanctions of Title 21 of the Oklahoma Statutes.

D.  A minor in protective custody shall be subject to an initial assessment at the appropriate facility by a licensed mental health professional for the purpose of determining whether emergency detention is warranted.

1.  If the licensed mental health professional determines that the minor is not a minor in need of treatment or that the condition of the minor is such that emergency detention is not warranted, the minor shall be returned immediately to the point where the minor was taken into protective custody and released or the minor may be taken to the home or residence of the minor or to an alternative facility.

2.  If the licensed mental health professional determines that the minor is a minor in need of treatment to a degree that emergency detention is warranted, the minor shall be detained in emergency detention for a period not to exceed five (5) days, excluding weekends and holidays.  The detention may exceed five (5) days, excluding weekends and holidays, upon a court order authorizing detention pending a hearing on a petition requesting involuntary commitment or treatment.

E.  If a licensed mental health professional designated to have such responsibility by the executive director of a hospital, or the administrator of a facility designated by the Commissioner of Mental Health and Substance Abuse Services as appropriate for emergency detention believes a minor to be a minor requiring treatment to a degree that emergency action is necessary, the administrator may detain such minor in emergency detention for a period not to exceed five (5) days, excluding weekends and holidays, only on the following conditions:

1.  The minor sixteen (16) years of age or older or parent of the minor has refused to consent or has withdrawn consent to voluntary treatment;

2.  The minor has been examined by a licensed mental health professional who has determined that the minor is a minor in need of treatment, the condition of the minor is such that emergency detention is warranted, and a mental health evaluation has been prepared as provided in Section 5-508 of this title; and

3.  The administrator or the designee of the administrator shall provide for an initial assessment of the minor by a licensed mental health professional.

F.  Whenever it appears that a person detained as provided by this section will require treatment beyond the period of emergency detention and the minor sixteen (16) years of age or older or parent of the minor has refused to consent to voluntary treatment, a licensed mental health professional conducting an initial assessment of the minor or the administrator of the facility in which the minor is being detained, or the designee of the administrator, shall immediately file a petition or request the district attorney to file a petition with the district court as provided by Section 5-509 of this title, and may request a court order directing prehearing detention when detention is necessary for the protection of the person or others.  If the district attorney refuses to file a petition, the district attorney must immediately notify the requesting facility, in writing, of the refusal to file.

Added by Laws 2005, c. 110, § 4, eff. Nov. 1, 2005.  Amended by Laws 2006, c. 97, § 27, eff. Nov. 1, 2006.