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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 43A. MENTAL HEALTH

  § 43A-5-510. Notice of hearing on petition - Appointment of attorney - Evaluation report.  

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  • 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.