§ 43A-1-107 — Venue of actions - Hearings.

Oklahoma § 43A-1-107

• Jurisdiction: Oklahoma
• Title 43A: Mental Health

Text

A. Civil actions for involuntary commitment or assisted outpatient treatment of a person may be brought in any of the following counties: 1. The person's county of residence; 2. The county where the person was first taken into protective custody; or 3. The county in which the person is being held on emergency detention. B. If a civil action for involuntary commitment or assisted outpatient treatment can be brought in more than one county pursuant to the provisions of subsection A of this section, the action may be filed in any of such counties. No court shall refuse any case solely because the action may have been brought in another county. C. 1. Hearings in actions for involuntary commitment or assisted outpatient treatment may be held within the mental health facility in which the person is being detained or is to be committed whenever the judge deems it to be in the best interests of the consumer. 2. Such hearings shall be conducted by any judge designated by the presiding judge of the judicial district. Hearings may be held in an area of the facility designated by the executive director and agreed upon by the presiding judge of that judicial district. D. The court may conduct any nonjury hearing required or authorized pursuant to the provisions of this title for detained or confined persons, at the discretion of the judge, by video teleconferencing after advising the person subject to possible detention or commitment of his or her constitutional rights. If the video teleconferencing hearing is conducted, the image of the detainee or person subject to commitment may be broadcast by secure video to the judge. A secure video system shall provide for two-way communications including image and sound between the detainee and the judge. E. The provisions for criminal venue as provided otherwise by law shall not be applicable to proceedings encompassed by commitment statutes referred to in this title which are deemed civil in nature. F. Unless otherwise provided by law, the rules of civil procedure shall apply to all judicial proceedings provided for in this title, including, but not limited to, the rules concerning vacation of orders and appellate review.

Legislative History

Added by Laws 1985, c. 235, § 4, eff. Nov. 1, 1985. Amended by Laws 1986, c. 103, § 6, eff. Nov. 1, 1986. Renumbered from § 54.13 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 24, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 1, eff. Sept. 1, 1994; Laws 2002, c. 488, § 2, eff. Nov. 1, 2002; Laws 2003, c. 46, § 3, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 1, eff. Nov. 1, 2004; Laws 2005, c. 150, § 3, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 2, eff. Nov. 1, 2005; Laws 2016, c. 177, § 4, eff. Nov. 1, 2016.