Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. §43A-5-101. Procedures for admission to state facility, psychiatric hospital or private institution. A. Any person who has a mental illness or is alcohol- or drug- dependent to a degree which warrants inpatient treatment or care, and who is not in confinement in any jail or correctional facility on a criminal charge or conviction and who has no criminal charges pending against him or her, may be admitted to and confined in a facility within the Department of Mental Health and Substance Abuse Services, a state psychiatric hospital, or a licensed private institution by compliance with any one of the following procedures: 1. Emergency admission; 2. On voluntary application; or 3. On involuntary court commitment. B. Any person who has a mental illness or is alcohol- or drug- dependent to a degree which warrants inpatient treatment or care and who has criminal charges pending against him or her but is not confined in any jail or correctional facility may be admitted to a facility within the Department or a licensed private institution pursuant to the provisions of subsection A of this section; provided, the facility or hospital shall be authorized to take such reasonable steps as necessary to assure the protection of the public, the residents of the facility or hospital and the person including, but not limited to, segregation and private facilities. Provided further, treatment received pursuant to this subsection shall not constitute a defense in any criminal proceeding except as otherwise provided by Title 22 of the Oklahoma Statutes. C. 1. Any person confined pursuant to a criminal charge shall only be admitted to and confined pursuant to a court order issued in compliance with the provisions of Section 1175.6 of Title 22 of the Oklahoma Statutes. 2. No person shall be deprived of his or her liberty on the grounds that such person is, or is supposed to have, a mental illness or is in need of mental health treatment, except in accordance with the provisions of the Mental Health Law. Added by Laws 1953, p. 160, § 51, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 62, eff. Nov. 1, 1986. Renumbered from § 51 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 348, § 22, eff. Nov. 1, 1989; Laws 1990, c. 51, § 93, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 3, eff. Sept. 1, 1994; Laws 1995, c. 1, § 14, emerg. eff. March 2, 1995; Laws 2002, c. 488, § 31, eff. Nov. 1, 2002; Laws 2003, c. 213, § 4, eff. July 1, 2003; Laws 2003, c. 394, § 3; Laws 2005, c. 195, § 24, eff. Nov. 1, 2005; Laws 2007, c. 130, § 10, eff. Nov. 1, 2007; Laws 2008, c. 401, § 11, eff. Nov. 1, 2008. NOTE: Laws 1994, c. 180, § 2 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. §43A-5-102. Official forms required - Order as sufficient authority and protection. No person shall be accepted into any facility without the use of the properly executed official forms. The properly executed order to hospitalize or the order of admission shall be full and sufficient authority and protection to the executive director or the person acting as such in the absence of the executive director for receiving and detaining in the hospital the person named on the form. Added by Laws 1953, p. 167, § 63, emerg. eff. June 3, 1953. Renumbered from § 63 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 35, emerg. eff. May 9, 2005. §43A-5-103. Unlawful or malicious confinement in institution. Any person who shall knowingly contrive or conspire to have ordered or admitted any person to an institution for the mentally ill or a facility for the treatment of alcohol-dependent or drug- dependent persons, unlawfully or maliciously shall be guilty of a misdemeanor, and upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in jail not to exceed one (1) year, or both such fine and imprisonment. Added by Laws 1953, p. 174, § 131, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 63, eff. Nov. 1, 1986. Renumbered from § 131 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-5-104. False attestation - Penalty. Any person who intentionally falsely attests to the mental illness, alcohol dependency, or drug dependency of any person, or whose false attestations as to mental illness, alcohol dependency, or drug dependency of any person is proved to be the result of negligence or deficient professional skill, or who signs such an evaluation or petition for pecuniary reward, or promise thereof, or other consideration of value or operating to his or her advantage, other than the professional fee usually paid for such service, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by payment of a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the county jail not to exceed one (1) year, or both such fine and imprisonment. Added by Laws 1953, p. 175, § 139, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 64, eff. Nov. 1, 1986. Renumbered from § 139 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 195, § 25, eff. Nov. 1, 2005; Laws 2007, c. 130, § 11, eff. Nov. 1, 2007. §43A-5-201. Rights of detained persons upon entry into facility. All facilities wherein persons are detained for any purpose under the provisions of this act shall allow such detained person the right to contact a relative, close friend or attorney immediately upon entry into such place of detention. Added by Laws 1980, c. 324, § 4, emerg. eff. June 17, 1980. Renumbered from § 57.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-5-202. Confinement of persons alleged or adjudged mentally ill, alcohol-dependent or drug-dependent. When any person alleged in any court to be mentally ill, alcohol-dependent, or drug-dependent, or shall have been adjudged to be mentally ill, alcohol-dependent, or drug-dependent and shall be in the legal custody of the county sheriff as prescribed by law, if such person has not been charged with commission of a crime, the said county sheriff is hereby authorized to confine such person in a place other than the county jail to be selected by said county sheriff and to transport such person to the place selected; provided that such confinement shall be in a place and manner so as to prevent such confined person from in any way endangering himself or any other person. The county is hereby directed to expend such funds as may be necessary to provide for such confinement outside the county jail. Specific authority is hereby granted the county sheriff and the county commissioners to enter into a contract with a nursing home or facility as a place of detention. Other departments and agencies of the state may not interfere with nor deter, in any manner, this right to contract. Added by Laws 1980, c. 324, § 5, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 66, eff. Nov. 1, 1986. Renumbered from § 58.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-5-203. Conveying females to facility - Female assistants - County expense. A. Upon receiving an order from a district court to convey a mentally ill, alcohol-dependent, or drug-dependent female to a facility, the sheriff of such county shall procure a suitable female to assist in conveying the female to the facility if the sheriff or deputy who will be conveying the female is male. B. If a female attendant is not available, a male sheriff or male deputy may convey the mentally ill, alcohol-dependent or drug- dependent female without a female attendant if the sheriff or deputy conveying the female notifies the dispatcher of the specific mileage from the collection point to the destination point, the time of departure and the estimated time of arrival. C. The sheriff may procure assistance, and certify the same to the county clerk as a part of the expense of the conveyance. No bill for the expense of such conveyance shall be allowed by the commissioners of any county unless it is accompanied by a certificate of the executive director of the facility, showing that the person has been duly conveyed to the facility by, or accompanied by a female attendant or as otherwise authorized by this section. D. Whenever a female consumer is transferred from one facility to another within the Department of Mental Health and Substance Abuse Services or from a facility within the Department to another facility of like nature elsewhere, the female must be accompanied by a female employee of the Department or a suitable relative of the female consumer. Added by Laws 1953, p. 172, § 100, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 67, eff. Nov. 1, 1986. Renumbered from § 100 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1994, c. 180, § 1, emerg. eff. May 9, 1994; Laws 2005, c. 150, § 36, emerg. eff. May 9, 2005. §43A-5-204. Appropriate treatment and medication - Nonconsenting individuals - Immunity - Seclusion or restraint - Hearings while under influence of psychotropic medication - Inmates committed to special care unit. A. Appropriate treatment and medication, including psychotropic medication, may be administered to a consenting individual: 1. During the detention periods authorized by the Mental Health Law; 2. During the time set forth in the Mental Health Law for the precommitment screening examination; or 3. While in the custody of the Department of Corrections. B. Treatment and medication may be administered to a nonconsenting individual upon the written order of the physician who: 1. Has personally examined the consumer; 2. Finds the medication or treatment is necessary to protect the consumer, the facility or others from serious bodily harm; and 3. Notes in the medication record of the consumer, with an explanation of the facts leading up to the decision to administer treatment and medication including psychotropic medication. C. Any physician who orders medication in good faith and any employee of the facility who administers medication in good faith pursuant to the written order of a physician, under the provision of this section, shall be immune from civil suits for damages that occur from the administration of medication. D. Seclusion or restraint may be administered to a nonconsenting individual upon the written order of a physician who: 1. Personally examined the consumer; and 2. Finds that seclusion or restraint is necessary to protect the consumer, the facility, or other persons. The physician shall note in the chart of the consumer an explanation of the decision to administer seclusion or restraint, including administration of psychotropic medication. This shall not prohibit emergency seclusion or restraint, including mechanical restraint, pending notification of a physician. E. If the consumer is under the influence of psychotropic medication during any court hearing held pursuant to Section 5-415 of this title, the court, and the jury, if any, shall be advised by the district attorney at the beginning of the hearing that: 1. The consumer is under the influence of psychotropic medication; 2. The purpose of the medication; and 3. The effect which such medication may have on the actions, demeanor and participation of the consumer at the hearing. F. If an inmate in the custody of the Department of Corrections has been properly assigned and committed to a unit described in Section 400 of Title 57 of the Oklahoma Statutes, the provisions of this section shall apply. Added by Laws 1980, c. 324, § 9, emerg. eff. June 17, 1980. Amended by Laws 1985, c. 235, § 2, eff. Nov. 1, 1985; Laws 1986, c. 59, § 1, eff. Nov. 1, 1986. Renumbered from § 54.8 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1988, c. 260, § 3, eff. Nov. 1, 1988; Laws 1990, c. 245, § 3, emerg. eff. May 21, 1990; Laws 1997, c. 195, § 2, eff. Nov. 1, 1997; Laws 2005, c. 150, § 37, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 12, eff. Nov. 1, 2007; Laws 2019, c. 41, § 1, eff. Nov. 1, 2019. NOTE: Laws 1986, c. 103, § 68 repealed by Laws 1988, c. 260, § 18, eff. Nov. 1, 1988. §43A-5-205. Repealed by Laws 1988, c. 260, § 18, eff. Nov. 1, 1988. §43A-5-206. Definitions. As used in Sections 5-206 through 5-209 of this title: 1. "Mental health evaluation" means the examination of a person, either in person or via telemedicine, who appears to have a mental illness or be alcohol- or drug-dependent by two licensed mental health professionals, at least one of whom is a psychiatrist who is a diplomat of the American Board of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions, for the purpose of: a. determining if a petition requesting involuntary commitment or treatment is warranted, b. completing a mental health evaluation pursuant to Section 5-414 of this title, or c. both subparagraphs a and b of this paragraph; 2. "Initial assessment (medical necessity review)" means the examination of a person, either in person or via telemedicine, who appears to be a mentally ill person, an alcohol-dependent person, or a drug-dependent person and a person requiring treatment, whose condition is such that it appears that emergency detention may be warranted by a licensed mental health professional at a facility approved by the Commissioner of Mental Health and Substance Abuse Services, or a designee, as appropriate for such examination to determine if emergency detention of the person is warranted; 3. "Emergency detention" means the detention of a person who appears to be a person requiring treatment in a facility approved by the Commissioner of Mental Health and Substance Abuse Services as appropriate for such detention after the completion of an emergency examination, either in person or via telemedicine, and a determination that emergency detention is warranted for a period not to exceed one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, except upon a court order authorizing detention beyond this period or pending the hearing on a petition requesting involuntary commitment or treatment as provided by Section 5-206 et seq. of this title. If during the emergency detention a person who appears to be a person requiring treatment becomes medically unstable, the time limit on the emergency detention period stipulated in this paragraph shall be tolled until the person who appears to be a person requiring treatment is medically stabilized; 4. "Protective custody" means the taking into protective custody and detention of a person pursuant to the provisions of Section 5-208 of this title until such time as an emergency examination is completed and a determination is made as to whether or not emergency detention is warranted; and 5. "Prehearing detention" means the court-ordered detention of a person who is alleged to be mentally ill, alcohol-dependent, or drug-dependent in a facility approved by the Commissioner as appropriate for such detention, pending a hearing on a petition requesting involuntary commitment or treatment as provided by Section 5-415 of this title. Added by Laws 1988, c. 260, § 4, eff. Nov. 1, 1988. Amended by Laws 1993, c. 312, § 1, emerg. eff. June 7, 1993; Laws 1997, c. 387, § 1, eff. Nov. 1, 1997; Laws 1998, c. 144, § 1, emerg. eff. April 22, 1998; Laws 2002, c. 488, § 32, eff. Nov. 1, 2002; Laws 2004, c. 113, § 16, eff. Nov. 1, 2004; Laws 2006, c. 97, § 15, eff. Nov. 1, 2006; Laws 2008, c. 401, § 12, eff. Nov. 1, 2008; Laws 2010, c. 287, § 25, eff. Nov. 1, 2010; Laws 2022, c. 297, § 2, eff. Nov. 1, 2022. §43A-5-207. Local Law Enforcement Mental Health Manpower Act. A. Any person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained as provided pursuant to the provisions of this section. Nothing in this section shall be construed as being in lieu of prosecution under state or local statutes or ordinances relating to public intoxication offenses. B. 1. Any peace officer who reasonably believes that a person is a person requiring treatment as defined in Section 1-103 of this title shall take the person into protective custody. The officer shall make every reasonable effort to take the person into custody in the least conspicuous manner. 2. Upon taking the person into protective custody, the officer may relinquish custody of the person believed to require treatment to a duly qualified reserve officer or deputy employed by the same agency to fulfill the officer’s duties as required by this title. C. The officer shall prepare a written statement indicating the basis for the officer’s belief that the person is a person requiring 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 person or the person’s attorney 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 officer’s personal observation, the officer shall not be required to prepare a written statement. However, the person stating to be mentally ill, alcohol-dependent or drug-dependent or the person upon whose statement the officer relies shall sign a written statement indicating the basis for such person’s belief that the person is a person requiring 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. If the person is medically stable, the officer shall immediately transport the person to an urgent recovery clinic or to the nearest facility, as defined in Section 1-103 of this title, for an initial assessment within a thirty-mile radius of the peace officer’s operational headquarters, or may request an assessment at the point of initial contact by the Department of Mental Health and Substance Abuse Services as provided by subsection A of Section 1- 110 of this title. If, subsequent to an initial assessment, it is determined that emergency detention is warranted, the person shall immediately be transported to the nearest facility that is appropriate for treatment of the individual and has bed space available if the individual has been determined to be a person requiring treatment. Transport shall be provided in accordance with subsection B of Section 1-110 of this title. E. For the purposes of this section, “urgent recovery clinics” means clinics that offer voluntary services aimed at the assessment and immediate stabilization of acute symptoms of mental illness, alcohol and other drug abuse and emotional distress; provided that, unless the person consents to a longer duration, no more than twenty-three (23) hours and fifty-nine (59) minutes of services are provided to a consumer during one episode of care. F. If it is determined by the facility director or designee that the person is not medically stable, the Department shall immediately transport the person to the nearest hospital or other appropriate medical facility for medical treatment. A treating physician may authorize that the person be detained until the person becomes medically stable. The time limit on the emergency detention period stipulated under Section 5-208 of this title shall be tolled until the person who appears to be a person requiring treatment is medically stabilized. When the person becomes medically stable, if in the opinion of the treating or discharging physician, the patient is still a person requiring treatment as defined in Section 1-103 of this title, the physician shall authorize detention of the patient for transportation as provided in subsection D of this section. G. The parent, brother or sister who is eighteen (18) years of age or older, child who is eighteen (18) years of age or older, or guardian of the person, or a person who appears to be or states that such person is mentally ill, alcohol-dependent or drug-dependent to a degree that emergency action is necessary may request the administrator of a facility designated by the Commissioner as an appropriate facility for an initial assessment to conduct an initial assessment to determine whether the condition of the person is such that emergency detention is warranted and, if emergency detention is warranted, to detain the person as provided in Sections 5-206 through 5-209 of this title. Added by Laws 1988, c. 260, § 5, eff. Nov. 1, 1988. Amended by Laws 1990, c. 211, § 1, eff. Sept. 1, 1990; Laws 1995, c. 90, § 1, eff. Nov. 1, 1995; Laws 2002, c. 488, § 33, eff. Nov. 1, 2002; Laws 2003, c. 46, § 35, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 17, eff. Nov. 1, 2004; Laws 2005, c. 195, § 26, eff. Nov. 1, 2005; Laws 2006, c. 97, § 16, eff. Nov. 1, 2006; Laws 2009, c. 316, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 17, emerg. eff. March 3, 2010; Laws 2012, c. 296, § 2, eff. Nov. 1, 2012; Laws 2021, c. 39, § 2, eff. Nov. 1, 2021; Laws 2022, c. 297, § 3, eff. Nov. 1, 2022; Laws 2023, 1st Ex. Sess., c. 28, § 3, eff. Nov. 1, 2023. NOTE: Laws 2009, c. 252, § 1 repealed by Laws 2010, c. 2, § 18, emerg. eff. March 3, 2010. Laws 2021, c. 38, § 2 repealed by Laws 2022, c. 228, § 11, emerg. eff. May 5, 2022. §43A-5-207v1. Local Law Enforcement Mental Health Manpower Act. A. Any person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained as provided pursuant to the provisions of this section. Nothing in this section shall be construed as being in lieu of prosecution under state or local statutes or ordinances relating to public intoxication offenses. B. 1. Any peace officer who reasonably believes that a person is a person requiring treatment as defined in Section 1-103 of this title shall take the person into protective custody. The officer shall make every reasonable effort to take the person into custody in the least conspicuous manner. 2. Upon taking the person into protective custody, the officer may relinquish custody of the person believed to require treatment to a duly qualified reserve officer or deputy employed by the same agency to fulfill the officer's duties as required by this title. C. The officer shall prepare a written statement indicating the basis for the officer's belief that the person is a person requiring 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 person or the person's attorney 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 officer's personal observation, the officer shall not be required to prepare a written statement. However, the person stating to be mentally ill, alcohol-dependent, or drug-dependent or the person upon whose statement the officer relies shall sign a written statement indicating the basis for such person's belief that the person is a person requiring 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. If the person is medically stable, the officer shall immediately transport the person to an urgent recovery clinic or to the nearest facility, as defined in Section 1-103 of this title, for an initial assessment within a thirty-mile radius of the peace officer's operational headquarters, or may use telemedicine with a licensed mental health professional employed or under contract with a facility operated by, certified by, or contracted with the Department of Mental Health and Substance Abuse Services to perform an initial assessment. If, subsequent to an initial assessment, it is determined that emergency detention is warranted, the officer shall immediately transport the person to the nearest facility that has bed space available if the facility is within thirty (30) miles of the peace officer's operational headquarters and the individual was determined to be a person requiring treatment. The Department of Mental Health and Substance Abuse Services may contract for the use of alternative transportation providers to transport individuals to facilities designated for emergency detention when the nearest facility with bed space available is more than thirty (30) miles from the peace officer's operational headquarters and the individual was determined to be a person requiring treatment. For purposes of this section, "urgent recovery clinics" means clinics that offer services aimed at the assessment and immediate stabilization of acute symptoms of mental illness, alcohol and other drug abuse, and emotional distress, provided no more than twenty-three (23) hours and fifty-nine (59) minutes of services are provided to a consumer during one episode of care. If it is determined by the facility director or designee that the person is not medically stable, the officer shall immediately transport the person to the nearest hospital or other appropriate treatment facility. E. If the person is medically unstable, the person may be transported to an appropriate medical facility for medical treatment. A treating physician may authorize that the person be detained until the person becomes medically stable. When the person becomes medically stable, if in the opinion of the treating or discharging physician, the patient is still a person requiring treatment as defined in Section 1-103 of this title, the physician shall authorize detention of the patient for transportation as provided in subsection D of this section. F. The parent, brother or sister who is eighteen (18) years of age or older, child who is eighteen (18) years of age or older, or guardian of the person, or a person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that emergency action is necessary may request the administrator of a facility designated by the Commissioner as an appropriate facility for an initial assessment to conduct an initial assessment to determine whether the condition of the person is such that emergency detention is warranted and, if emergency detention is warranted, to detain the person as provided in Section 5-206 of this title. Added by Laws 1988, c. 260, § 5, eff. Nov. 1, 1988. Amended by Laws 1990, c. 211, § 1, eff. Sept. 1, 1990; Laws 1995, c. 90, § 1, eff. Nov. 1, 1995; Laws 2002, c. 488, § 33, eff. Nov. 1, 2002; Laws 2003, c. 46, § 35, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 17, eff. Nov. 1, 2004; Laws 2005, c. 195, § 26, eff. Nov. 1, 2005; Laws 2006, c. 97, § 16, eff. Nov. 1, 2006; Laws 2009, c. 316, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 17, emerg. eff. March 3, 2010; Laws 2012, c. 296, § 2, eff. Nov. 1, 2012; Laws 2021, c. 38, § 2, eff. Nov. 1, 2021. NOTE: Laws 2009, c. 252, § 1 repealed by Laws 2010, c. 2, § 18, emerg. eff. March 3, 2010. §43A-5-207v2. Local Law Enforcement Mental Health Manpower Act. A. Any person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained as provided pursuant to the provisions of this section. Nothing in this section shall be construed as being in lieu of prosecution under state or local statutes or ordinances relating to public intoxication offenses. B. 1. Any peace officer who reasonably believes that a person is a person requiring treatment as defined in Section 1-103 of this title shall take the person into protective custody. The officer shall make every reasonable effort to take the person into custody in the least conspicuous manner. 2. Upon taking the person into protective custody, the officer may relinquish custody of the person believed to require treatment to a duly qualified reserve officer or deputy employed by the same agency to fulfill the officer’s duties as required by this title. C. The officer shall prepare a written statement indicating the basis for the officer’s belief that the person is a person requiring 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 person or the person’s attorney 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 officer’s personal observation, the officer shall not be required to prepare a written statement. However, the person stating to be mentally ill, alcohol-dependent or drug-dependent or the person upon whose statement the officer relies shall sign a written statement indicating the basis for such person’s belief that the person is a person requiring 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. If the person is medically stable, the officer shall immediately transport the person to an urgent recovery clinic or to the nearest facility, as defined in Section 1-103 of this title, for an initial assessment within a thirty (30) mile radius of the peace officer’s operational headquarters, or may use telemedicine with a licensed mental health professional employed or under contract with a facility operated by, certified by or contracted with the Department of Mental Health and Substance Abuse Services to perform an initial assessment. If, subsequent to an initial assessment, it is determined that emergency detention is warranted, the officer shall immediately transport the person to the nearest facility that has bed space available if the facility is within thirty (30) miles of the peace officer’s operational headquarters and the individual was determined to be a person requiring treatment. The Department of Mental Health and Substance Abuse Services may contract for the use of alternative transportation providers to transport individuals to facilities designated for emergency detention when the nearest facility with available bed space is more than thirty (30) miles from the peace officer’s operational headquarters and the individual was determined to be a person requiring treatment. For the purposes of this section, “urgent recovery clinics” means clinics that offer services aimed at the assessment and immediate stabilization of acute symptoms of mental illness, alcohol and other drug abuse and emotional distress, provided no more than twenty-three (23) hours and fifty-nine (59) minutes of services are provided to a consumer during one episode of care. If it is determined by the facility director or designee that the person is not medically stable, the officer shall immediately transport the person to the nearest hospital or other appropriate treatment facility. E. If the person is medically unstable, the person may be transported to an appropriate medical facility for medical treatment. A treating physician may authorize that the person be detained until the person becomes medically stable. When the person becomes medically stable, if in the opinion of the treating or discharging physician, the patient is still a person requiring treatment as defined in Section 1-103 of this title, the physician shall authorize detention of the patient for transportation as provided in subsection D of this section. F. The parent, brother or sister who is eighteen (18) years of age or older, child who is eighteen (18) years of age or older, or guardian of the person, or a person who appears to be or states that such person is mentally ill, alcohol-dependent or drug-dependent to a degree that emergency action is necessary may request the administrator of a facility designated by the Commissioner as an appropriate facility for an initial assessment to conduct an initial assessment to determine whether the condition of the person is such that emergency detention is warranted and, if emergency detention is warranted, to detain the person as provided in Section 5-206 of this title. Added by Laws 1988, c. 260, § 5, eff. Nov. 1, 1988. Amended by Laws 1990, c. 211, § 1, eff. Sept. 1, 1990; Laws 1995, c. 90, § 1, eff. Nov. 1, 1995; Laws 2002, c. 488, § 33, eff. Nov. 1, 2002; Laws 2003, c. 46, § 35, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 17, eff. Nov. 1, 2004; Laws 2005, c. 195, § 26, eff. Nov. 1, 2005; Laws 2006, c. 97, § 16, eff. Nov. 1, 2006; Laws 2009, c. 316, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 17, emerg. eff. March 3, 2010; Laws 2012, c. 296, § 2, eff. Nov. 1, 2012; Laws 2021, c. 39, § 2, eff. Nov. 1, 2021. NOTE: Laws 2009, c. 252, § 1 repealed by Laws 2010, c. 2, § 18, emerg. eff. March 3, 2010. §43A-5-208. Initial assessments - Emergency detention - Release. A. 1. A consumer in protective custody as provided by Section 5-207 of this title shall be subject to an initial assessment at the appropriate facility by a licensed mental health professional within twelve (12) hours of being placed in protective custody for the purpose of determining whether emergency detention of the consumer is warranted. The initial assessment of the consumer shall include an appropriate screening and assessment process, as determined by the Department of Mental Health and Substance Abuse Services, designed to identify possible alcohol or drug abuse or dependency. 2. If, upon examination, the licensed mental health professional determines that the consumer is not a person requiring treatment or that the condition of the consumer is such that emergency detention is not warranted, the consumer shall either be returned by an officer immediately to the point where the consumer was taken into protective custody and released or taken to the home or residence of such consumer or to an alternative facility. If the home or residence of the consumer is a nursing home or group home, such home shall not refuse the return of the consumer to his or her residence. 3. If, upon examination, the licensed mental health professional determines that the consumer is a person requiring treatment to a degree that emergency detention is warranted, the licensed mental health professional shall immediately prepare a statement describing the findings of the examination and stating the basis for the determination, and the consumer shall be detained in emergency detention for a period not to exceed one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, except upon a court order authorizing detention pending a hearing on a petition requesting involuntary commitment or treatment. 4. During the emergency detention period: a. a mental health evaluation of the consumer shall be conducted by two licensed mental health professionals and, if the consumer appears to have a mental illness or be alcohol- or drug-dependent and be a consumer requiring treatment, and b. reasonable efforts shall be made to determine whether the consumer has a current and unrevoked advance directive executed pursuant to the Advance Directives for Mental Health Treatment Act. 5. If during the emergency detention the consumer becomes medically unstable, the time limit on the emergency detention period stipulated in paragraph 3 of this subsection shall be tolled until the consumer is treated at a medical facility and is medically stabilized. B. 1. If a licensed mental health professional, designated to have the responsibility by the executive director or person in charge of a hospital, or the executive director or person in charge of a facility designated by the Commissioner of Mental Health and Substance Abuse Services as appropriate for emergency detention believes a voluntary consumer to be a person requiring treatment to a degree that emergency action is necessary, the hospital or facility may detain such consumer in emergency detention for a period not to exceed one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, only on the following conditions: a. the consumer has refused to consent or has withdrawn consent to voluntary treatment, b. the consumer has been examined by a licensed mental health professional who has determined that the consumer is a person requiring treatment, the condition of the consumer is such that emergency detention is warranted, and a statement has been prepared as provided in subsection A of this section, and c. the executive director or person in charge or the designee shall provide for a mental health evaluation of the consumer by two licensed mental health professionals. 2. If during the emergency detention the consumer becomes medically unstable, the time limit on the emergency detention period stipulated in paragraph 1 of this subsection shall be tolled until the consumer is treated at a medical facility and is medically stabilized. C. Whenever it appears that a consumer detained pursuant to the provisions of this section is no longer a person requiring treatment and will not require treatment beyond the period of detention, the consumer shall be discharged and returned by an officer to the point where he or she was taken into protective custody, or if the consumer had not been in protective custody, the consumer shall be taken to the home or residence of the consumer or to an alternative facility. If the home or residence of the consumer is a nursing home or group home, it shall not refuse the return of the consumer to his or her residence. D. Whenever it appears that a person detained as provided by this section will require treatment beyond the period of emergency detention and the person has refused to consent to voluntary treatment, a licensed mental health professional conducting an evaluation of the person or the executive director of the facility in which the person is being detained, or the designee of the executive director, shall immediately file a petition or request the district attorney to file a petition with the district court as provided by Section 5-410 of this title, and may request a court order directing prehearing detention when such detention is necessary for the protection of the person or others. Added by Laws 1988, c. 260, § 6, eff. Nov. 1, 1988. Amended by Laws 1990, c. 51, § 94, emerg. eff. April 9, 1990; Laws 1990, c. 211, § 2, eff. Sept. 1, 1990; Laws 1997, c. 387, § 2, eff. Nov. 1, 1997; Laws 1998, c. 233, § 1, eff. Nov. 1, 1998; Laws 2000, c. 348, § 1, eff. Nov. 1, 2000; Laws 2002, c. 488, § 34, eff. Nov. 1, 2002; Laws 2003, c. 46, § 36, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 38, emerg. eff. May 9, 2005; Laws 2006, c. 97, § 17, eff. Nov. 1, 2006; Laws 2009, c. 389, § 1, eff. Nov. 1, 2009; Laws 2010, c. 287, § 26, eff. Nov. 1, 2010; Laws 2022, c. 297, § 4, eff. Nov. 1, 2022. §43A-5-209. Additional period of detention - Petition - Order - Notification of interested parties of detention. A. A person may be detained in emergency detention more than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, only if the facility in which the person being detained is presented with a copy of an order of the district court authorizing further detention. Such order may be entered by the court only after a petition has been filed seeking involuntary commitment or treatment pursuant to the provisions of Section 5-410 of this title. B. If a copy of an order for further detention is not delivered to the facility by the end of the period of emergency detention, the person alleged to be a mentally ill person, an alcohol-dependent person, or a drug-dependent person and a person requiring treatment shall be discharged from the facility in which detained unless said person has applied for voluntary treatment. C. The person being held in protective custody or emergency detention shall be asked to designate any person whom such person wishes informed regarding the detention. If the person being held in protective custody is incapable of making such designation, the peace officer holding the person in protective custody shall notify within twenty-four (24) hours of taking the person into protective custody, other than the person initiating the request for protective custody, the attorney, parent, spouse, guardian, brother, sister, or child who is at least eighteen (18) years of age of the person. Failure of the sheriff to find such person shall within a reasonable time be reported to the administrator of the facility. Such fact shall be made a part of the records of the facility for the person being detained. Added by Laws 1988, c. 260, § 7, eff. Nov. 1, 1988. Amended by Laws 1997, c. 387, § 3, eff. Nov. 1, 1997; Laws 1998, c. 144, § 2, emerg. eff. April 22, 1998; Laws 2003, c. 46, § 37, emerg. eff. April 8, 2003; Laws 2010, c. 287, § 27, eff. Nov. 1, 2010. §43A-5-210. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. §43A-5-211. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. §43A-5-212. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. §43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch Task Force. A. There is hereby created, to continue until July 1, 2012, the Law Enforcement Behavioral Health Emergency Dispatch Task Force. B. The Task Force shall consist of eleven (11) members as follows: 1. The Commissioner, or designee, of the Department of Mental Health and Substance Abuse Services; 2. The State Commissioner of Health, or designee, of the State Department of Health; 3. An individual representing a statewide sheriffs’ organization to be appointed by the Speaker of the Oklahoma House of Representatives; 4. An individual representing a statewide chiefs of police organization to be appointed by the President Pro Tempore of the State Senate; 5. An individual representing a statewide hospital organization to be appointed by the Speaker of the Oklahoma House of Representatives; 6. An individual representing a statewide behavioral health advocacy organization to be appointed by the President Pro Tempore of the Senate; 7. An individual representing a statewide organization that serves consumers of mental health services to be appointed by the Speaker of the Oklahoma House of Representatives; 8. An individual representing a statewide association of county governments to be appointed by the Speaker of the House of Representatives; 9. An individual representing a statewide association of city governments to be appointed by the President Pro Tempore of the Senate; 10. One member of the Oklahoma House of Representatives as appointed by the Speaker of the Oklahoma House of Representatives; and 11. One member of the Senate as appointed by the President Pro Tempore of the State Senate. C. 1. The Task Force: a. shall study and evaluate the development of a law enforcement behavioral health emergency dispatch system that will assist and encourage law enforcement agencies and hospitals and emergency medical service providers providing services pursuant to Section 1-101 et seq. of Title 43A of the Oklahoma Statutes, to provide an organized system of transportation for persons in need of mental health or substance abuse inpatient treatment, b. shall study the practicality of adopting current systems in place such as the Trauma Transfer and Referral Center system, established pursuant to the Oklahoma Trauma Systems Improvement and Development Act or the adoption of a similar system or model to ensure that persons are directed to the appropriate hospital based on a regional plan and the current capability and capacity of hospitals, c. may divide into subcommittees in furtherance of its purpose, and d. may obtain information and assistance as necessary to complete its duties from any state agency. 2. a. The Task Force shall be staffed by the Department of Mental Health and Substance Abuse Services. b. All departments, officers, agencies and employees of the state shall cooperate with the Task Force in carrying out its duties and responsibilities including, but not limited to, providing any information, records, reports or other assistance as may be requested by the Task Force. 3. It shall be the duty of the Task Force to formulate recommendations related to the development and implementation of a law enforcement behavioral health emergency dispatch system, including recommendations for any resulting legislation. D. The members of the Task Force shall determine meeting dates. Members shall not be compensated for their service but shall be reimbursed by their appointing authorities for necessary expenses incurred in the performance of their duties. Members shall receive no compensation for their service on the Task Force, but shall receive travel reimbursement as follows: 1. Legislative members shall be reimbursed for their necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; 2. Nonlegislative members who are state officers or employees shall be reimbursed by their respective agencies for their necessary travel expenses incurred in the performance of their duties in accordance with the provisions of the State Travel Reimbursement Act; and 3. Members who are not legislators or officers or employees of the state shall be reimbursed by their appointing authorities in accordance with the provisions of the State Travel Reimbursement Act. Added by Laws 2011, c. 370, § 2, eff. Nov. 1, 2011. §43A-5-301. Citation. Sections 5-301 through 5-311 of the Mental Health Law shall be known and may be cited as the "Mental Hospital Voluntary Admission Procedures Act". Added by Laws 1963, c. 81, § 1, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 69, eff. Nov. 1, 1986. Renumbered from § 551 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-5-301.1. Person defined. As used in the Mental Hospital Voluntary Admission Procedures Act, "person" shall include: 1. An individual eighteen (18) years of age or older; or 2. A court-appointed Guardian Ad Litem or an individual given the power of attorney to make medical decisions for the individual. Added by Laws 1989, c. 23, § 1, eff. Nov. 1, 1989. Amended by Laws 2007, c. 130, § 13, eff. Nov. 1, 2007. §43A-5-302. Informal consumers - Admission. A. Any person may be admitted to a state mental hospital or state-operated community mental health center or a private mental health hospital or private community mental health center on a voluntary basis as an informal consumer when there are available accommodations and in the judgment of the person in charge of the facility or a designee such person may require treatment therein. Such person may be admitted as an informal consumer without making formal or written application therefor and any such informal consumer shall be free to leave such facility on any day between the hours of 9:00 a.m. and 5:00 p.m. and at such other times as the person in charge of the facility may determine. B. No person shall be admitted as an informal consumer pursuant to the provisions of this section to any state mental hospital or state-operated community mental health center unless the person in charge of the facility or a designee has informed such consumer in writing of the following: 1. The rules and procedures of the facility relating to the discharge of informal consumers; 2. The legal rights of an informal consumer receiving treatment from the facility; and 3. The types of treatment which are available to the informal consumer at the facility. Added by Laws 1985, c. 116, § 1, eff. Nov. 1, 1985. Renumbered from § 560 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 39, emerg. eff. May 9, 2005; Laws 2022, c. 297, § 5, eff. Nov. 1, 2022. §43A-5-303. Refusal to admit informal consumer - Liability. The state and its agents do not have a legal duty to admit a person as an informal consumer, and refusal to admit a person as an informal consumer, if made in good faith, shall not give rise to a cause of action by anyone damaged as a result of such refusal. Added by Laws 1985, c. 116, § 2, eff. Nov. 1, 1985. Renumbered from § 561 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 40, emerg. eff. May 9, 2005. §43A-5-304. Voluntary admission to state facilities - Cost of care and treatment - Bond. A. The Board of Mental Health and Substance Abuse Services shall promulgate rules for the reception and retention of voluntary consumers by state facilities. B. The executive director in charge of any state facility or licensed private hospital for care and treatment of the mentally ill may at his or her discretion receive and retain therein as a consumer: 1. Any person eighteen (18) years of age or over, suitable for care and treatment, who voluntarily makes written application; 2. Any person, suitable for care and treatment at least sixteen (16) years but not over eighteen (18) years of age, with the consent of such person’s parent or guardian. C. A person received at any facility pursuant to this section shall not be detained for a period exceeding seventy-two (72) hours, excluding weekends and holidays, from and inclusive of the date of notice in writing of his or her intention or desire to leave such hospital or facility. D. The applicant, or someone on behalf of the applicant, must pay a bond for the cost of care and treatment or pay such cost each month in advance, unless it is determined that the applicant is a poor or indigent person as provided in this title. Added by Laws 1953, p. 161, § 53, emerg. eff. June 3, 1953. Amended by Laws 1965, c. 265, § 1, emerg. eff. June 23, 1965; Laws 1986, c. 103, § 70, eff. Nov. 1, 1986. Renumbered from § 53 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 97, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 35, eff. Nov. 1, 2002; Laws 2005, c. 150, § 41, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 13, eff. Nov. 1, 2008. §43A-5-305. Application for voluntary admission. Any person desiring and needing psychiatric treatment in a state facility for the mentally ill as a voluntary consumer may present a written application to the judge of the district court: 1. Of the county in which the person resides; or 2. Of the county in which a state hospital for the mentally ill is located. Added by Laws 1963, c. 81, § 2, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 71, eff. Nov. 1, 1986. Renumbered from § 552 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 36, eff. Nov. 1, 2002; Laws 2005, c. 150, § 42, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 14, eff. Nov. 1, 2008. §43A-5-306. Certificate of physician. The application described in Section 5-305 of this title shall be accompanied by a certificate in duplicate signed by a licensed doctor of medicine or osteopathic physician who is duly licensed to practice his such profession by the Oklahoma State Board of Medical Licensure and Supervision or the Oklahoma Board of Osteopathic Examiners, who is not related by blood or marriage to the person being examined, and who has no interest in the estate of the person being examined. This certificate shall include the following: 1. A statement that a physician licensed in this state has personally examined the person; 2. A statement that such physician is not related by blood or marriage to the person being examined and has no interest in the estate of the person being examined; 3. A determination that the person has a mental illness that requires inpatient admission; 4. A statement that the person may not be held at the facility for longer than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, past the time when such person has revoked consent to stay for treatment; 5. Information on the benefits and side effects of the treatment the person will receive in an inpatient setting; 6. Certification that the person has made a knowing and willing consent to voluntary inpatient treatment; and 7. The physician’s signature made under penalty of perjury. Added by Laws 1963, c. 81, § 3, emerg. eff. May 21, 1963. Renumbered from § 553 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 118, § 3, operative July 1, 1987; Laws 2003, c. 46, § 38, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 43, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 15, eff. Nov. 1, 2008; Laws 2010, c. 287, § 28, eff. Nov. 1, 2010. §43A-5-307. Questioning of applicant by judge of the district court - Order. When the applicant appears in person before the judge of the district court and presents the application and the certificate of the examining doctor of medicine or osteopathic physician, the judge of the district court shall fully question the applicant. If the judge of the district court is satisfied that the applicant fully understands the nature of the application and the consequences which the law will impose in the event applicant is admitted to the hospital as a consumer and that the application is voluntarily made, the judge of the district court shall forthwith make an order authorizing the executive director of the appropriate State Hospital for the mentally ill to admit the applicant as a consumer. Added by Laws 1963, c. 81, § 4, emerg. eff. May 21, 1963. Renumbered from § 554 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 44, emerg. eff. May 9, 2005. §43A-5-308. Order authorizing admission. The order of the judge of the district court authorizing the admission of an applicant as a voluntary consumer pursuant to the provisions of the Mental Hospital Voluntary Admission Procedures Act shall contain the following findings: 1. A physician licensed in this state personally examined the person requesting inpatient admission for psychiatric care; 2. Such physician certified that the person has a mental condition that requires inpatient admission; 3. The person knowingly and willingly consented to voluntary inpatient admission; 4. The person fully understands the benefits, consequences, conditions, and side effects of inpatient admission and treatment, and agrees to them; and 5. An arrangement for the transportation of the person to the inpatient facility. Added by Laws 1963, c. 81, § 5, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 72, eff. Nov. 1, 1986. Renumbered from § 555 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 45, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 16, eff. Nov. 1, 2008. §43A-5-309. Detention against will prohibited - Notice of desire to be discharged. No consumer admitted to a state or private mental hospital under the provisions of the Mental Hospital Voluntary Admission Procedures Act shall be detained in a mental hospital against the will of the person more than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, after the consumer gives notice in writing to the executive director of the facility of the desire of the consumer to be discharged from the facility. If during the emergency detention the consumer becomes medically unstable, the time limit on the emergency detention period stipulated in this section shall be tolled until the consumer is treated at a medical facility and is medically stabilized. The executive director of the facility may designate one or more employees of the facility to receive a notification provided by this section with the same effect as if delivered to the executive director personally. Added by Laws 1963, c. 81, § 6, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 73, eff. Nov. 1, 1986. Renumbered from § 556 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2001, c. 186, § 15, eff. Nov. 1, 2001; Laws 2005, c. 150, § 46, emerg. eff. May 9, 2005; Laws 2010, c. 287, § 29, eff. Nov. 1, 2010; Laws 2022, c. 297, § 6, eff. Nov. 1, 2022. §43A-5-310. Mental Health Law provisions applicable. Unless otherwise provided by law, the provisions of the Mental Health Law shall be applicable to consumers admitted to state mental hospitals under the provisions of the Mental Hospital Voluntary Admission Procedures Act. Added by Laws 1963, c. 81, § 7, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 74, eff. Nov. 1, 1986. Renumbered from § 557 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 47, emerg. eff. May 9, 2005. §43A-5-311. Procedure as cumulative. The admission procedure prescribed by the Mental Hospital Voluntary Admission Procedures Act shall be cumulative to the procedures prescribed by other provisions of law. Nothing herein shall affect the admission procedures prescribed by other provisions of law. Added by Laws 1963, c. 81, § 9, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 75, eff. Nov. 1, 1986. Renumbered from § 559 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-5-401. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. NOTE: Subsequent to repeal, § 5-401 was amended by Laws 1997, c. 195, § 3 to read as follows: A. The father, mother, husband, wife, brother, sister, guardian or child, over the age of eighteen (18) years, of a person alleged to be a person requiring treatment, or the parent, father, mother, guardian or person having custody of a minor child, a physician or person in charge of any facility or correctional institution, or any peace officer within the county in which the person alleged to be a person requiring treatment resides or may be found or the district attorney in whose district the person requiring treatment resides or may be found, may petition the district court, upon which is hereby conferred jurisdiction, to determine whether the person is a person requiring treatment and to order the least restrictive appropriate treatment for that person. The petition shall contain a statement of the facts upon which the allegation is based and, if known, the names and addresses of any witnesses to the alleged facts. The petition shall be verified and made under penalty of perjury. B. Upon the filing of a petition, the district court shall determine, based upon clear and convincing evidence, whether there is probable cause to detain the person requiring treatment prior to a hearing on the petition. If the court finds that probable cause does exist, an order may be entered authorizing any peace officer to take that person into custody and to detain such person in a suitable facility prior to the hearing on the petition; provided that such period of temporary detention shall not exceed seventy-two (72) hours, excluding days when the district court is not in session. Such detention shall be extended to coincide with any order of continuance entered by the court at the first hearing. A certified copy of the order of continuance shall constitute authority for the facility to continue to detain the subject individual during the period of continuance. C. Upon receiving the petition, the court shall fix a day for the hearing thereof and shall forthwith appoint an attorney and an examining commission. A copy of the petition and notice as hereinafter described shall be served personally at least one (1) day before the examining commission is scheduled to hold its proceedings, and as many additional days as are requested by the person alleged to be a person requiring treatment or the person's attorney as are reasonable without prejudice to the person. Any request for additional days shall be subject to the discretion of the court, considering the facts and circumstances of each particular case, including cost. The notice shall contain the following information: 1. The definition provided by the Mental Health Law of a mentally ill person and a person requiring treatment; 2. A statement that the court has appointed an examining commission composed of two qualified examiners to examine the mental condition of the person allegedly requiring treatment and execute a certificate of their findings; 3. The time and place of any examination to be conducted by the examining commission, and the hearing on the petition; 4. A statement that, upon request, the hearing on the petition may be conducted as a jury trial and the jury shall be composed of six persons having the qualifications required of jurors in courts of record; 5. A statement that the petitioner and witnesses identified in the petition may offer testimony under oath at the hearing on the petition; 6. A statement that the court has appointed an attorney for the person alleged to be a person requiring treatment who shall represent the person until final disposition of the case; 7. A statement that if the person alleged to be a person requiring treatment is indigent, the court shall pay the attorney fees; 8. A statement that if the person is found at the hearing or at a jury trial to be mentally ill and a person requiring treatment under this act, that the court will take evidence and make findings of fact concerning the person's competency to consent or to refuse the treatment that is ordered, including, but not limited to, the patient's right to refuse psychotropic medications; and 9. A statement that the person alleged to be a person requiring treatment shall be afforded such other rights as are guaranteed by state and federal law and that such rights include a trial by jury, if demanded. The notice shall be served upon the person alleged to be a person requiring treatment, the person's father, mother, husband, wife or guardian or, in their absence, someone of the next of kin, of legal age, if any such persons are known to be residing within the county, and upon such person's relatives residing outside of the county, as may be ordered by the court, and also upon the person with whom the person alleged to be a person requiring treatment may reside, or at whose house the person may be. The person making such service shall make affidavit of the same and file such notice, with proof of service, with the district court. This notice may be served in any part of the state when so ordered by the court. D. 1. The attorney appointed by the court shall be a licensed and actively practicing attorney who shall represent the person alleged to be a person requiring treatment until final disposition of the case. The court may appoint a public defender where available. The attorney shall meet and consult with the person within one (1) day of notification of his appointment. The attorney shall immediately, upon meeting with the person alleged to be a person requiring treatment, present to such person a statement of the person's rights, including all rights afforded to the person by the Oklahoma and United States Constitutions. The attorney shall be required to notify the court of any current and unrevoked advance directive that has been executed by the person alleged to be a person requiring treatment pursuant to the Advance Directives for Mental Health Treatment Act and to provide a written copy of the advance directive to the court and a representative of the district attorney's office, if available. 2. The court-appointed attorney shall be replaced by another attorney if: a. the person alleged to be a person requiring treatment prefers the services of an attorney other than the one initially appointed for him, b. the preferred attorney agrees to accept the responsibility, and c. the person alleged to be a person requiring treatment or the attorney whom the person prefers notifies the court of the preference and the attorney's acceptance of employment. The preferred attorney shall meet and consult with the person alleged to be a person requiring treatment within one (1) day of the employment of the attorney. Any request for additional days shall be subject to the discretion of the court, considering the facts and circumstances of each particular case, including cost. E. The attorney fees for all services shall be paid by the person alleged to be a person requiring treatment. However, if the person alleged to be a person requiring treatment, or a person empowered pursuant to law to act on behalf of such person, submits an affidavit that such person is indigent, and unable to pay attorney fees, the attorney fees shall be paid from the court fund, after a determination by the court that such person is indigent. The amount of such fee shall be set by the court. F. The district court shall in each case appoint an examining commission composed of two qualified examiners, one of whom may be a licensed clinical psychologist. The qualified examiners shall make a careful personal examination and inquiry into the mental condition of the person alleged to be a person requiring treatment and execute a certificate of their findings. The examining commission appointed by the court shall have the right to conduct an examination of the mental condition of the person alleged to be a person requiring treatment, either prior to or at the time of the hearing on the petition. Any examination that is conducted prior to the hearing shall be on proper notice to the person and the appointed or selected attorney for the person. G. The examining commission forms shall be printed or written on eight and one-half inch by eleven inch (8 1/2" x 11") sheets of paper and shall be substantially as follows: EXAMINER'S CERTIFICATE We, the undersigned, together and in the presence of each other, have made a personal examination of _____, a person alleged to be a person requiring treatment, and do hereby certify that we did on the _________ day of _________________, 19__, make a careful personal examination of the actual condition of the said person and have interrogated ________________, the person seeking the commitment of ______________, and _________________, the witness(es) identified in the petition, and on such examination we find that she/he is/not a person requiring treatment. The facts and circumstances on which we base our opinions are stated in the following report of symptoms and history of case, which is hereby made a part hereof. We are duly licensed to practice in the State of Oklahoma, are not related to ___________________ by blood or marriage, and have no interest in her/his estate. Witness our hands this __________ day of ___________, 19__. ___________________, M.D., D.O., Ph.D., Other ___________________, M.D., D.O., Ph.D., Other Subscribed and sworn to before me this _______________________ day of ________________, 19__. __________________________________________ Notary Public REPORT OF SYMPTOMS AND HISTORY OF CASE BY EXAMINERS l. GENERAL Complete name _________________________________________________ Place of residence ____________________________________________ Sex _______________ Color _______________ Age _________________ Date of Birth _________________________________________________ Place of Birth ________________________________________________ Length of residency in Oklahoma _______________________________ Single, married, widowed, separated, divorced _________________ Number of children living _____________________________________ Number dead ___________________________________________________ Occupation ____________________________________________________ Date of last employment _______________________________________ Education _____________________________________________________ Religion ______________________________________________________ Name, relationship, address, and telephone number of correspondents: _____________________________________________ _______________________________________________________________ _______________________________________________________________ 2. HISTORY OF FAMILY Name of father ________________________________________________ Birthplace __________________________________________________ Maiden name of mother _________________________________________ Birthplace __________________________________________________ Name of spouse (or maiden name of wife) _______________ Birthplace __________________________________________________ General characteristics of family _____________________________ What relatives have had mental or nervous trouble? ____________ _______________________________________________________________ 3. HISTORY OF PATIENT PREVIOUS TO PRESENT ILLNESS Describe the general health, development, sickness and accidents prior to the present disorder _______________________________ Personality, school record, and social habits _________________ Previous attacks and hospitalization for mental health: _____________________________________________________ Place and date ________________________________________________ _______________________________________________________________ HISTORY OF PRESENT ILLNESS Supposed cause ________________________________________________ Date of onset and course ______________________________________ Abnormal talk _________________________________________________ Suicidal tendencies ___________________________________________ Abnormal conduct ______________________________________________ History of violence ___________________________________________ Special and unusual symptoms __________________________________ Use of alcohol ________________________________________________ Use of narcotics ______________________________________________ Diagnosis, if determined ______________________________________ Dangerous? Yes ______________ No _________________ If Yes, explain basis for opinion ___________________________________ State the least restrictive treatment which is appropriate to condition ___________________________________________________ State the least restrictive treatment which is available within the catchment area ___________________________________ Is the patient competent to refuse treatment that is ordered? ____________________________________________________ NAME AND RELATIONSHIPS OF INFORMANTS Other data ____________________________________________________ Dated at ______________, Oklahoma, this ___________day of ______________________, 19__ ______________, M.D., D.O., Ph.D., Other _______________________________________ Address ______________, M.D., D.O., Ph.D., Other _______________________________________ Address H. The members of the examining commission making an examination and certifying the condition of the person alleged to be a person requiring treatment shall, regardless of whether or not they find such person mentally ill, be entitled to receive for such services a reasonable sum set by the court, and twenty cents ($0.20) per mile for travel necessarily performed in going to the place of such examination and such further sum for expenses as the judge of the district court shall allow, such sums to be paid from the local court fund. Any private fees or funds received or recovered in connection with such hearing shall be deposited to the credit of the local court fund. I. The person alleged to be a person requiring treatment shall have the right to be present at the hearing on the petition or jury trial unless it is made to appear to the court that the presence of the person alleged to be a person requiring treatment makes it impossible to conduct the hearing or trial in a reasonable manner or that the presence of the person would be injurious to the health or well-being of the person. The court may not decide in advance of the hearing, solely on the basis of the certificate of the examining commission, that the person alleged to be a person requiring treatment should not be allowed nor required to appear. It shall be made to appear to the court based upon clear and convincing evidence that alternatives to exclusion were attempted before the court renders the removal for that purpose or determines that the appearance at such hearing would be improper and unsafe. J. The court, at the hearing on the petition, shall determine by clear and convincing evidence if the person is a person requiring treatment, and the court will take evidence and make findings of fact concerning the person's competency to consent to or refuse the treatment that may be ordered, including, but not limited to, the patient's right to refuse medication. If a jury trial is not demanded, the court may receive as evidence and act upon the affidavits and reports of the examining commission, without further evidence being presented. If the court deems it necessary, or if the person alleged to be a person requiring treatment shall so demand, the court shall schedule the hearing on the petition as a jury trial to be held within seventy-two (72) hours of the demand, excluding days when the court is not officially in session, or within as much additional time as is requested by the attorney of the person requiring treatment, upon good cause shown. K. At the hearing on the petition, when it is conducted as a jury trial, the petitioner and any witness in behalf of the petitioner shall be subject to cross-examination by the attorney for the person alleged to be a person requiring treatment. The person alleged to be a person requiring treatment may also be called as a witness and cross-examined. No statement, admission or confession made by the person alleged to be a person requiring treatment may be used for any purpose except for proceedings under this section. No such statement, admission or confession may be used against such person in any criminal action whether pending at the time the hearing is held or filed against such person at any later time directly or in any manner or form. L. If any person admitted under this section or any other provision of law is not found at the hearing on the petition to be a person requiring treatment after the person is admitted to a facility, the person shall be discharged immediately. M. If any person admitted under this section or any other provision of law is found at the hearing on the petition to be a person requiring treatment, such person shall be delivered to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs. N. The court shall make and keep records of all cases brought before it. No records of proceedings under the Mental Health Law shall be open to public inspection except by order of the court or to employees of the Department of Mental Health and Substance Abuse Services, the person's attorney of record, or persons having a legitimate treatment interest. O. Bonded abstractors may be deemed to be persons having a legitimate interest for the purpose of having access to records regarding determinations of persons requiring treatment under this section. §43A-5-402. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. §43A-5-403. Renumbered as § 5-417 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. §43A-5-404. Renumbered as § 5-418 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. §43A-5-405. Renumbered as § 5-416 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. §43A-5-406. Renumbered as § 5-419 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. §43A-5-407. Renumbered as § 5-420 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. §43A-5-410. Petition regarding person requiring treatment. A. The following persons may file or request the district attorney to file a petition with the district court, upon which is hereby conferred jurisdiction, to determine whether an individual is a person requiring treatment, and to order the least restrictive appropriate treatment for the person: 1. A treatment advocate as defined in Section 1-109.1 of this title; 2. The father, mother, husband, wife, grandparent, brother, sister, guardian or child, over the age of eighteen (18) years, of an individual alleged to be a person requiring treatment; 3. A licensed mental health professional; 4. A person in charge of any correctional institution; 5. Any peace officer within the county in which the individual alleged to be a person requiring treatment resides or may be found; or 6. The district attorney in whose district the person resides or may be found. B. The petition shall contain a statement of the facts upon which the allegation is based and, if known, the names and addresses of any witnesses to the alleged facts. 1. The petition shall be verified and made under penalty of perjury. 2. A request for the prehearing detention of the individual alleged to be a person requiring treatment may be attached to the petition. 3. If the individual alleged to be a person requiring treatment is being held in emergency detention, a copy of the mental health evaluation shall be attached to the petition. C. Petitions filed to determine if an individual should be ordered to assisted outpatient treatment as defined by Section 1-103 of this title shall only be filed by a licensed mental health professional employed by the Department of Mental Health and Substance Abuse Services or employed by a community mental health center certified by the Department pursuant to Section 3-306.1 of this title. D. The inpatient mental health treatment of minors shall be pursuant to the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. Added by Laws 1997, c. 387, § 4, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 37, eff. Nov. 1, 2002; Laws 2004, c. 191, § 1, emerg. eff. May 3, 2004; Laws 2006, c. 97, § 18, eff. Nov. 1, 2006; Laws 2011, c. 294, § 2, eff. Nov. 1, 2011; Laws 2012, c. 21, § 1, eff. Nov. 1, 2012; Laws 2013, c. 217, § 1, eff. Nov. 1, 2013; Laws 2016, c. 177, § 7, eff. Nov. 1, 2016. §43A-5-411. Rights of individual alleged to require treatment. A. An individual alleged to be a person requiring treatment shall have the following rights: 1. The right to notice, as provided by Section 5-412 of this title; 2. The right to counsel, including court-appointed counsel, and if the person has no counsel, that the court shall appoint an attorney to represent the person at no cost if the person is an indigent person and cannot afford an attorney; 3. The right to a hearing and the right to a closed hearing, unless the person requests otherwise; 4. Upon request, right to a jury trial. The jury shall be composed of six persons having the qualifications required of jurors in courts of record; 5. The right to be present at the hearing on the petition or jury trial. The person shall be present at the hearing or jury trial unless the court finds that the presence of the person alleged to be a person requiring treatment makes it impossible to conduct the hearing or trial in a reasonable manner or that the presence of the person would be injurious to the health or well-being of such person. a. The court shall not decide in advance of the hearing, solely on the basis of the mental health evaluation, that the person alleged to be a person requiring treatment should not be allowed nor required to appear. b. Prior to issuing an order excluding the person from the hearing or jury trial, the court shall find, based upon clear and convincing evidence, that alternatives to exclusion of the person were attempted; 6. The right to present and to cross-examine witnesses. The petitioner and witnesses identified in the petition shall offer testimony under oath at the hearing on the petition. When the hearing is conducted as a jury trial, the petitioner and any witness in behalf of the petitioner shall be subject to cross-examination by the attorney for the person alleged to be a person requiring treatment. The person alleged to be a person requiring treatment may also be called as a witness and cross-examined. B. An individual alleged to be or found by a court to be a person requiring treatment shall be afforded such other rights as are guaranteed by state and federal law. C. No statement, admission or confession made by the person alleged to be a person requiring treatment shall be used for any purpose except for proceedings under this act. No such statement, admission or confession may be used against such person in any criminal action whether pending at the time the hearing is held or filed against such person at any later time directly or in any manner or form. D. An attorney appointed by the court to represent a person alleged to be a person requiring treatment shall be a licensed and actively practicing attorney who shall represent the person until final disposition of the case. The court may appoint a public defender where available. 1. The attorney appointed by the court shall meet and consult with the person within one (1) day of notification of the appointment. The attorney shall immediately, upon meeting with the person alleged to be a person requiring treatment, present to such person a statement of the rights, including all rights afforded to persons alleged to be a person requiring treatment by the Oklahoma and the United States Constitutions. 2. The court-appointed attorney shall be replaced by another attorney if: a. the person alleged to be a person requiring treatment prefers the services of an attorney other than the one initially appointed for the person, b. the preferred attorney agrees to accept the responsibility, and c. the person alleged to be a person requiring treatment or the preferred attorney notifies the court of the preference and the attorney's acceptance of employment. The preferred attorney shall meet and consult with the person within one (1) day of employment or appointment. Any request for additional days shall be subject to the discretion of the court, considering the facts and circumstances of each particular case, including cost. 3. The attorney fees for all services shall be paid by the person alleged to be a person requiring treatment. However, if the person alleged to be a person requiring treatment, or a person empowered pursuant to law to act on behalf of such person, submits an affidavit that such person is indigent and unable to pay attorney fees, the attorney fees shall be paid from the court fund, after a determination by the court that such person is indigent. The amount of such fee shall be set by the court. 4. The attorney representing the person alleged to be a person requiring treatment shall notify the court of any current and unrevoked advance directive that has been executed by such person pursuant to the Advance Directives for Mental Health Treatment Act and provide a written copy of the advance directive, if available, to the court and a representative of the district attorney's office. Added by Laws 1997, c. 387, § 5, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 38, eff. Nov. 1, 2002; Laws 2006, c. 97, § 19, eff. Nov. 1, 2006. §43A-5-412. Notice. A. Notice of the date, time and place of the hearing on a petition alleging a person to be a person requiring treatment shall be delivered to such person at least one (1) day prior to the hearing. Notice shall be personally delivered to the person together with a copy of the petition and copies of the mental health evaluation and any order of the court directing prehearing detention. B. The notice shall contain the following information: 1. The definitions provided by Section 1-103 of this title of a "mental illness" and a "person requiring treatment"; 2. If applicable, that the court has ordered the mental health evaluation of the person by two licensed mental health professionals, at least one of whom is a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions, for the purpose of conducting an evaluation of the person alleged to be a person requiring treatment stating their findings, and the time and place of the evaluation; 3. That, upon request, the hearing on the petition may be conducted as a jury trial and the jury shall be composed of six persons having the qualifications required of jurors in courts of record; 4. That the petitioner and witnesses identified in the petition may offer testimony under oath at the hearing on the petition; 5. If applicable, that the court has appointed an attorney for the person alleged to be a person requiring treatment who shall represent the person until final disposition of the case and that if the person is indigent, the court shall pay the attorney fees; 6. That, if the person is found at the hearing or at a jury trial to be a person requiring treatment under Section 5-410 et seq. of this title, the court will take evidence and make findings of fact concerning the person's competency to consent or to refuse the treatment that is ordered, including, but not limited to, the right of the person to refuse psychotropic medications; and 7. That the person alleged to be a person requiring treatment shall be afforded such other rights as are guaranteed by state and federal law. C. The person delivering the copy of the notice and petition to the person alleged to be a person requiring treatment shall, at the time of delivery, explain the content, purpose and effect of the notice and the legal right to judicial review by habeas corpus. D. 1. A copy of the notice, the petition, and the attachments to the petition shall also be delivered at least one (1) day prior to the hearing to: a. the individual initiating the request for protective custody, emergency detention, involuntary commitment or prehearing detention, b. the attorney or court-appointed counsel of the person, to the district attorney, and to the public defender, if any, c. the facility, if any, in which the person is detained in emergency detention, d. if any exist and if one is known, the treatment advocate as defined pursuant to Section 1-109.1 of this title, a person having a valid power of attorney with health care decision-making authority, a person having a valid guardianship with health care decision- making authority, a person having an advance health care directive, or a person having an attorney-in-fact as designated in a valid mental health advance directive, unless specifically indicated otherwise by the instrument or court order. The documents shall not identify the alleged person requiring treatment directly or indirectly as a person with a substance abuse disorder, and e. if the designations or orders listed in subparagraph d of this paragraph do not exist or are not known, then a parent, spouse, guardian, brother, sister or child who is at least eighteen (18) years of age of the person alleged to be a person requiring treatment and who is not the individual initiating the petition or a request for protective custody, emergency detention, involuntary commitment or prehearing detention. The documents shall not identify the alleged person requiring treatment directly or indirectly as a person with a substance abuse disorder. Notice shall also be delivered to any other person as may be ordered by the court. 2. The notice required by this subsection may be served personally or by certified mail. When notice is served personally, the person making such service shall make affidavit of the same and file such notice, with proof of service, with the district court. This notice may be served in any part of the state when so ordered by the court. E. Notice of orders of a court directing a mental health evaluation or prehearing detention of a person alleged to be a person requiring treatment shall be delivered in substantially the same manner as provided by subsection A of this section. Notice of a court order directing a mental health evaluation of the person shall be delivered at least one (1) day before the evaluation, and as many additional days as are requested by the person alleged to be a person requiring treatment or the attorney of such person as are reasonable without prejudice to the person. Any request for additional days shall be subject to the discretion of the court, considering the facts and circumstances of each particular case. Added by Laws 1997, c. 387, § 6, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 39, eff. Nov. 1, 2002; Laws 2006, c. 97, § 20, eff. Nov. 1, 2006; Laws 2007, c. 130, § 14, eff. Nov. 1, 2007; Laws 2013, c. 217, § 2, eff. Nov. 1, 2013. §43A-5-413. Prehearing detention. A. When a request for an order of prehearing detention is attached to a petition alleging a person to have a mental illness and to be a person requiring treatment, the district court shall determine whether there is probable cause to detain the person who is the subject of the petition prior to a hearing on the petition. 1. If the court issues an order for detention, it shall immediately set a date, time, and place for a hearing on the petition, and shall issue notice to each individual required to receive notice pursuant to Section 5-412 of this title. 2. The period of prehearing detention shall not exceed seventy- two (72) hours, excluding the weekends and holidays, except upon a court order authorizing detention beyond a seventy-two-hour period or pending the hearing on a petition requesting involuntary commitment or treatment. Prehearing detention may be extended to coincide with any order of continuance entered by the court. B. If the court finds that probable cause to detain the person alleged to have a mental illness and to be a person requiring treatment does not exist, the court shall dismiss the request and, if the person is being held in protective custody or emergency detention, order the person released and returned to the point where such person was taken into protective custody. C. If the court finds that probable cause to detain the person alleged to have a mental illness and to be a person requiring treatment does exist: 1. An order may be entered authorizing any peace officer to take that person into custody and to detain such person in a suitable facility prior to the hearing on the petition; or 2. If the person is being held in emergency detention, the court may issue an order authorizing the facility to detain the person prior to a hearing on the petition. A certified copy of an order of prehearing detention shall constitute authority for a facility to detain or to continue to detain the person who is the subject of the order. Added by Laws 1997, c. 387, § 7, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 40, eff. Nov. 1, 2002; Laws 2013, c. 217, § 3, eff. Nov. 1, 2013. §43A-5-414. Evaluations. A. If a mental health evaluation is not attached to a petition alleging a person to be a person requiring treatment at the time the petition is filed, the court shall order the person who is the subject of the petition to undergo a mental health evaluation by two licensed mental health professionals, and a mental health evaluation to be completed and filed with the court prior to the hearing. 1. The mental health evaluation shall be conducted on an outpatient basis unless the court has issued an order for prehearing detention. 2. A copy of all petitions, orders, affidavits, powers of attorney, advance health care directives, treatment advocate designations, mental health advance directives, guardianships, police reports and other relevant documents shall accompany the person to the place where the mental health evaluation is to be conducted. 3. Upon completion of the mental health evaluation, the facility shall transmit a copy of the evaluation prepared by the licensed mental health professionals to the court and to the attorney of record for the person evaluated. B. The report of the licensed mental health professionals conducting the mental health evaluation pursuant to this section shall include written findings as to whether: 1. The person being evaluated appears to be a person requiring treatment as defined in this title, and is reasonably likely to benefit from mental health or substance abuse treatment; and 2. Based on the following, inpatient treatment is the least restrictive alternative that meets the needs of the person: a. reasonable efforts have been made to provide for the mental health or substance abuse treatment needs of the person through the provision of less restrictive alternatives and the alternatives have failed to meet the treatment needs of the person, or b. after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the person is such that less restrictive alternatives are unlikely to meet the treatment needs of the person. Added by Laws 1997, c. 387, § 8, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 41, eff. Nov. 1, 2002; Laws 2006, c. 97, § 21, eff. Nov. 1, 2006; Laws 2013, c. 3, § 1, eff. Nov. 1, 2013; Laws 2013, c. 217, § 4, eff. Nov. 1, 2013. §43A-5-415. Hearing - Order - Records. A. Upon receiving a petition alleging a person to be a person requiring treatment, the court shall set a day and time for the hearing. 1. If the person alleged to be a person requiring treatment does not have an attorney, the court shall immediately appoint an attorney for the person. 2. If a copy of a mental health evaluation is not attached to the petition at the time it is filed, the court shall immediately order a mental health evaluation of the person as provided by Section 5-414 of this title. B. If the court deems it necessary, or if the person alleged to be a person requiring treatment demands, the court shall schedule the hearing on the petition as a jury trial to be held within one hundred twenty (120) hours or five (5) days of the demand, excluding weekends and holidays, or within as much additional time as is requested by the attorney of such person upon good cause shown. C. The court, at the hearing on the petition, shall determine by clear and convincing evidence whether the person is a person requiring treatment. 1. The court shall take evidence and make findings of fact concerning the person's competency to consent to or refuse the treatment that may be ordered, including, but not limited to, the consumer's right to refuse medication. 2. If a jury trial is not demanded, the court may receive as evidence and act upon the affidavits of the licensed mental health professionals who evaluated the person and the mental health evaluation. 3. When the hearing is conducted as a jury trial, the petitioner and any witness in behalf of the petitioner shall be subject to cross-examination by the attorney for the person alleged to be a person requiring treatment. The person alleged to be a person requiring treatment may also be called as a witness and cross-examined. D. After the hearing, when the court determines that the person is not a person requiring treatment, the court shall dismiss the petition and, if the person is being detained, order the person to be discharged from detention. E. After the hearing, when the court determines the person to be a person requiring treatment, the court shall order the person to receive the least restrictive treatment consistent with the treatment needs of the person and the safety of the person and others. 1. The court shall not order hospitalization without a thorough consideration of available treatment alternatives to hospitalization and may direct the submission of evidence as to the least restrictive treatment alternative or may order a mental health examination. 2. If the court finds that a program other than hospitalization is appropriate to meet the treatment needs of the individual and is sufficient to prevent injury to the individual or to others, the court may order the individual to receive whatever treatment other than hospitalization that is appropriate for a period set by the court, during which time the court shall continue its jurisdiction over the individual as a person requiring treatment. 3. If the court orders the person to be committed for involuntary inpatient treatment, the court shall commit the person to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs or to a private facility willing to accept the person for treatment. 4. The person shall be delivered to the custody of the Department of Mental Health and Substance Abuse Services for a placement that is suitable to the person's needs or to a private facility willing to accept the person for treatment. 5. If the person is placed in the custody of the Department, the Department may designate two or more facilities to provide treatment and if the person to be treated or a parent, spouse, guardian, brother, sister or child, who is at least eighteen (18) years of age, of the person, expresses a preference for one such facility, the Department shall attempt, if administratively possible, to comply with the preference. 6. The person shall be discharged from inpatient treatment at such time as the person no longer requires treatment as determined by the executive director of the facility or the designee of the executive director, or as otherwise required by law. F. The court shall make and keep records of all cases brought before it. 1. Except as provided in Section 1290.27 of Title 21 of the Oklahoma Statutes, no records of proceedings pursuant to this section shall be open to public inspection except by order of the court or to employees of the Department of Mental Health and Substance Abuse Services if the person is placed at a state facility or the employees of the private facility where admitted if accepted into a private facility, the person's attorney of record, the person's treatment advocate as defined pursuant to Section 1-109.1 of this title, if any, a person having a valid power of attorney with health care decision-making authority, a person having valid guardianship with health care decision-making authority, a person having an advance health care directive, a person having an attorney-in-fact as designated in a valid mental health advance directive or persons having a legitimate treatment interest, unless specifically indicated otherwise by the instrument or court order. The documents shall not identify the alleged person requiring treatment directly or indirectly as a person with a substance abuse disorder. 2. Bonded abstractors may be deemed to be persons having a legitimate interest for the purpose of having access to records regarding determinations of persons requiring treatment under this section. Added by Laws 1997, c. 387, § 9, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 42, eff. Nov. 1, 2002; Laws 2005, c. 150, § 48, emerg. eff. May 9, 2005; Laws 2006, c. 97, § 22, eff. Nov. 1, 2006; Laws 2010, c. 287, § 30, eff. Nov. 1, 2010; Laws 2013, c. 3, § 2, eff. Nov. 1, 2013; Laws 2013, c. 217, § 5, eff. Nov. 1, 2013; Laws 2014, c. 259, § 4, eff. July 1, 2015; Laws 2022, c. 297, § 7, eff. Nov. 1, 2022. §43A-5-416. Alternatives to hospitalization. A. The court, in considering a commitment petition filed under Section 5-410 of this title, shall not order hospitalization without a thorough consideration of available treatment alternatives to hospitalization, or without addressing the competency of the consumer to consent to or refuse the treatment that is ordered including, but not limited to, the rights of the consumer: 1. To be heard concerning the treatment of the consumer; and 2. To refuse medications. B. 1. If the court, in considering a commitment petition filed under Section 5-410 of this title, finds that a program other than hospitalization, including an assisted outpatient treatment program, is adequate to meet the treatment needs of the individual and is sufficient to prevent injury to the individual or to others, the court may order the individual to receive whatever treatment other than hospitalization is appropriate for a period set by the court; provided, the court may only order assisted outpatient treatment if the individual meets the criteria set forth in Section 1-103 of this title and in subsection F of this section. During this time the court: a. shall have continuing jurisdiction over the individual as a person requiring treatment or an assisted outpatient, and b. shall periodically, no less often than annually, review the treatment needs of the individual and determine whether or not to continue, discontinue, or modify the treatment. 2. If at any time it comes to the attention of the court from a person competent to file or request the filing of a petition, pursuant to subsection A of Section 5-410 of this title, that the individual ordered to undergo a program of alternative treatment to hospitalization is not complying with the order or that the alternative treatment program has not been sufficient to prevent harm or injury which the individual may be inflicting upon himself or others, the court may order the person to show cause why the court should not: a. implement other alternatives to hospitalization, modify or rescind the original order or direct the individual to undergo another program of alternative treatment, if necessary and appropriate, based on written findings of the court, or b. enter an order of admission pursuant to the provisions of this title, directing that the person be committed to inpatient treatment and, if the individual refuses to comply with this order of inpatient treatment, the court may direct a peace officer to take the individual into protective custody and transport the person to a public or private facility designated by the court. 3. The court shall give notice to the person ordered to show cause and hold the hearing within seventy-two (72) hours of the notice. The person ordered to undergo a program of alternative treatment shall not be detained in emergency detention pending the show cause hearing unless, prior to the emergency detention, the person has undergone an initial examination and a determination is made that emergency detention is warranted. 4. If an order of alternative treatment will expire without further review by the court and it is believed that the individual continues to require treatment, a person competent to file or request the filing of a petition, pursuant to subsection A of Section 5-410 of this title, may file or request the district attorney file either an application for an extension of the court's previous order or an entirely new petition for a determination that the individual is a person requiring treatment or an assisted outpatient. 5. A hearing on the application or petition filed pursuant to paragraph 4 of this subsection shall be held within ten (10) days after the application or petition is filed, unless the court extends the time for good cause. In setting the matter for hearing, the court shall consider whether or not the prior orders of the court will expire during the pendency of the hearing and shall make appropriate orders to protect the interests of the individual who is the subject of the hearing. C. Prior to ordering the inpatient treatment of an individual, the court shall inquire into the adequacy of treatment to be provided to the individual by the facility, and inpatient treatment shall not be ordered unless the facility in which the individual is to be treated can provide such person with treatment which is adequate and appropriate to such person's condition. D. Nothing in this section shall prohibit the Department of Mental Health and Substance Abuse Services or the facility or program providing the alternative treatment from discharging a person admitted pursuant to this section, at a time prior to the expiration of the period of alternative treatment, or any extension thereof. The facility or program providing the alternative treatment shall file a report with the court outlining the disposition of each person admitted pursuant to this section within forty-eight (48) hours after discharge. E. Notice of any proceedings pursuant to this section shall be given to the person, the person's guardian, the person's attorney, and the person filing the petition or application. F. If the petition alleges the person to be an assisted outpatient as provided in Section 7 of this act, the court shall not order assisted outpatient treatment unless the petitioning licensed mental health professional develops and provides to the court a proposed written treatment plan. All service providers included in the treatment plan shall be notified regarding their inclusion in the written treatment plan. Where deemed advisable, the court may make a finding that a person is an assisted outpatient and delay the treatment order until such time as the treatment plan is provided to the court. Such plan shall be provided to the court no later than the date set by the court pursuant to subsection J of this section. G. The licensed mental health professional who develops the written treatment plan shall provide the following persons with an opportunity to actively participate in the development of such plan: 1. The assisted outpatient; 2. The treating physician, if any; 3. The treatment advocate as defined in Section 1-109.1 of this title, if any; and 4. An individual significant to the assisted outpatient, including any relative, close friend or individual otherwise concerned with the welfare of the assisted outpatient, upon the request of the assisted outpatient. H. The licensed mental health professional shall make a reasonable effort to gather relevant information for the development of the treatment plan from a member of the assisted outpatient's family or significant other. If the assisted outpatient has executed an advance directive for mental health treatment, the physician shall consider any directions included in such advance directive for mental health treatment in developing the written treatment plan. I. The court shall not order assisted outpatient treatment unless the petitioner testifies to explain the proposed written treatment plan; provided, the parties may stipulate upon mutual consent that the petitioner need not testify. The petitioner shall state facts which establish that such treatment is the least restrictive alternative. If the assisted outpatient has executed an advance directive for mental health treatment, the licensed mental health professional shall state the consideration given to any directions included in such advance directive for mental health treatment in developing the written treatment plan. Such testimony shall be given on the date set by the court pursuant to subsection J of this section. J. If the court has yet to be provided with a written treatment plan at the time of the hearing in which the court finds a person to be an assisted outpatient, the court shall order such treatment plan and testimony no later than the third day, excluding Saturdays, Sundays and holidays, immediately following the date of such hearing and order; provided, the parties may stipulate upon mutual consent that such testimony need not be provided. Upon receiving such plan and any required testimony, the court may order assisted outpatient treatment as provided in this section. K. A court may order the patient to self-administer psychotropic drugs or accept the administration of such drugs by authorized personnel as part of an assisted outpatient treatment program. Such order may specify the type and dosage range of such psychotropic drugs and such order shall be effective for the duration of such assisted outpatient treatment. L. A copy of any court order for assisted outpatient treatment shall be served personally, or by mail, facsimile or electronic means, upon the assisted outpatient, the assisted outpatient treatment program and all others entitled to notice under the provisions of subsection D of Section 5-412 of this title. M. The initial order for assisted outpatient treatment shall be for a period of one (1) year. Within thirty (30) days prior to the expiration of the order, a licensed mental health professional employed by the Department of Mental Health and Substance Abuse Services or employed by a community mental health center certified by the Department pursuant to Section 3-306.1 of this title may file a petition to extend the order of outpatient treatment. Notice shall be given in accordance with Section 5-412 of this title. The court shall hear the petition, review the treatment plan and determine if the assisted outpatient continues to meet the criteria for assisted outpatient treatment and such treatment is the least restrictive alternative. If the court finds the assisted outpatient treatment should continue, it will make such an order extending the assisted treatment an additional year and order the treatment plan updated as necessary. Subsequent extensions of the order may be obtained in the same manner. If the court's disposition of the motion does not occur prior to the expiration date of the current order, the current order shall remain in effect for up to thirty (30) additional days until such disposition. N. In addition to any other right or remedy available by law with respect to the order for assisted outpatient treatment, the assisted outpatient or anyone acting on the assisted outpatient's behalf may petition the court on notice to every facility providing treatment pursuant to the assisted outpatient treatment order to stay, vacate or modify the order. O. Facilities providing treatment pursuant to the assisted outpatient treatment order shall petition the court for approval before instituting a proposed material change in the assisted outpatient treatment plan, unless such change is authorized by the order of the court. Such petition shall be filed on notice to the assisted outpatient, any treatment advocate designated by the assisted outpatient pursuant to this title, any attorney representing the assisted outpatient, and any guardian appointed by the court to represent the assisted outpatient. Not later than five (5) days after receiving such petition, excluding Saturdays, Sundays and holidays, the court shall hold a hearing on the petition; provided, that if the assisted outpatient informs the court that he or she agrees to the proposed material change, the court may approve such change without a hearing. Nonmaterial changes may be instituted to the assisted outpatient treatment plan without court approval. For the purposes of this subsection, a material change is an addition or deletion of a category of services to or from a current assisted outpatient treatment plan or any deviation, without the assisted outpatient's consent, from the terms of a current order relating to the administration of psychotropic drugs. P. Where, in the clinical judgment of a licensed mental health professional: 1. The assisted outpatient has failed or refused to comply with the assisted outpatient treatment; 2. Efforts were made to solicit compliance; and 3. Such assisted outpatient appears to be a person requiring treatment, the licensed mental health professional may cause the assisted outpatient to be taken into protective custody pursuant to the provisions of Sections 5-206 through 5-209 of this title or may refer or initiate proceedings pursuant to Sections 5-410 through 5- 415 of this title for involuntary commitment to a hospital, or may return the assisted outpatient to a facility providing treatment pursuant to the assisted outpatient treatment plan to determine if the assisted outpatient will comply with the treatment plan. Failure or refusal to comply with assisted outpatient treatment shall include, but not be limited to, a substantial failure to take medication, to submit to blood testing or urinalysis where such is part of the treatment plan, failure of such tests or failure to receive treatment for alcohol or substance abuse if such is part of the treatment plan. Q. Failure to comply with an order of assisted outpatient treatment shall not be grounds for involuntary civil commitment or a finding of contempt of court. Added by Laws 1980, c. 324, § 10, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 80, eff. Nov. 1, 1986. Renumbered from § 54.9 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 141, § 2, eff. Nov. 1, 1987; Laws 1988, c. 260, § 12, eff. Nov. 1, 1988; Laws 1990, c. 51, § 99, emerg. eff. April 9, 1990. Renumbered from § 5-405 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2000, c. 421, § 9, eff. Nov. 1, 2000; Laws 2002, c. 488, § 43, eff. Nov. 1, 2002; Laws 2005, c. 150, § 49, emerg. eff. May 9, 2005; Laws 2006, c. 97, § 23, eff. Nov. 1, 2006; Laws 2016, c. 177, § 8, eff. Nov. 1, 2016. §43A-5-417. Precommitment examination - Matters included. A precommitment examination ordered by the court shall include, but is not limited to: 1. A physical evaluation; 2. A mental evaluation; 3. A social history; 4. A study of the individual's family and community situation; 5. A list of available forms of care and treatment which may serve as an alternative to admission to a hospital; 6. Powers of attorney or advance health care directives, if any; and 7. A recommendation as to the least restrictive placement suitable to the person's needs, as identified by this section, should the individual be ordered to undergo treatment by the court. Programs other than hospitalization to be considered shall include, but not be limited to, outpatient clinics, assisted outpatient treatment where available, extended care facilities, nursing homes, sheltered care arrangements, home care and homemaker services, and other treatment programs or suitable arrangements. Added by Laws 1980, c. 324, § 7, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 78, eff. Nov. 1, 1986. Renumbered from § 54.6 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Renumbered from § 5-403 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2013, c. 3, § 3, eff. Nov. 1, 2013; Laws 2016, c. 177, § 9, eff. Nov. 1, 2016. §43A-5-418. Precommitment screening examination - Copy of order to be provided examinee - Explanation of examination. In addition to the notice requirements contained in the Mental Health Law, each person ordered to undergo a precommitment screening examination shall receive: 1. A copy of the order requiring the person to undergo the examination; and 2. A written statement explaining what the examination will cover. If the individual is unable to read or understand the written materials, every effort will be made to explain them in a language such person understands, and a copy of the examination findings shall be provided to the court, to the person's attorney of record, if known, and the person's treatment advocate as defined pursuant to Section 1-109.1 of this title, if any, upon completion. Added by Laws 1980, c. 324, § 8, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 79, eff. Nov. 1, 1986. Renumbered from § 54.7 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Renumbered from § 5-404 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2013, c. 3, § 4, eff. Nov. 1, 2013. §43A-5-419. Modification order - Notice - Contents of notice. A. The court may modify an order for involuntary inpatient commitment and order alternative treatment pursuant to the provisions of this section upon request of the person committed or the administrator of a facility to which a person has been involuntarily committed for inpatient treatment. The court shall give notice to the person affected thereby and to each individual required to receive notice pursuant to Section 5-412 of this title, to appear within five (5) regular court days, or as many other days as the court may grant, and show cause why the modification shall not be made. The notice shall contain the following information: 1. The individual ordered to undergo a program of alternative treatment to hospitalization is not complying with the previous order, or that the alternative treatment program has not been sufficient to prevent harm or injury to the person or others, or the person committed for inpatient care and treatment is eligible for discharge and that an evaluation conducted prior to discharge determined that an order for alternative treatment is necessary in order to prevent impairment or injury to the person; 2. A statement of the facts upon which the alleged change of condition is based and a copy of any written findings entered by the court; 3. Notice of the time and place of the show cause hearing; 4. Notice of the types of modifications that the court can make pursuant to this hearing; 5. The witnesses who shall testify or offer evidence for the modification which are known to the court; 6. That the individual has the right to an attorney, and that if the individual cannot afford an attorney, one will be provided; and 7. That the individual has the right to cross-examine witnesses, and to call witnesses in such person's own defense. B. The court may only order assisted outpatient treatment as defined by Section 1-103 of this title if the person meets the conditions for assisted outpatient treatment provided by this title. Added by Laws 1980, c. 324, § 11, emerg. eff. June 17, 1980. Renumbered from § 54.10 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1988, c. 260, § 13, eff. Nov. 1, 1988. Renumbered from § 5-406 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 44, eff. Nov. 1, 2002; Laws 2013, c. 217, § 6, eff. Nov. 1, 2013; Laws 2016, c. 177, § 10, eff. Nov. 1, 2016. §43A-5-420. Review of status of persons involuntarily committed for treatment. A. The Board of Mental Health and Substance Abuse Services shall adopt rules and procedures to ensure that persons involuntarily committed to the facilities of the Department of Mental Health and Substance Abuse Services for treatment by a court receive review of their involuntary status at least once every three (3) months, and the Department of Mental Health and Substance Abuse Services shall take appropriate action based upon this review. B. Any person receiving involuntary inpatient treatment, or such person's attorney, may at any time file a written request that the treatment order be reviewed by the committing court, or a court in the county where the person is located. If a review is requested, the court shall hear the matter within thirty (30) days after the request, and the court shall give notice to the person and such person's attorney and the person in charge of the facility of the time and place of the hearing. The hearing shall be to determine if the person can be treated on a less restrictive basis. At the conclusion of the hearing, the court may confirm the order of treatment, modify the order of treatment, discharge the respondent, or enter any appropriate order. Added by Laws 1980, c. 324, § 12, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 81, eff. Nov. 1, 1986. Renumbered from § 54.11 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 100, emerg. eff. April 9, 1990; Laws 1997, c. 387, § 10, eff. Nov. 1, 1997. Renumbered from § 5-407 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 45, eff. Nov. 1, 2002; Laws 2022, c. 297, § 8, eff. Nov. 1, 2022. §43A-5-421. Emergency service patrols. A. Counties and municipalities may establish emergency service patrols. A patrol consists of persons trained to give assistance in public places to persons whom the patrol has reasonable grounds to believe are mentally ill. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and may transport mentally ill persons to their homes and to and from approved treatment facilities and alternative facilities. B. Standards for the establishment, training, and conduct of emergency service patrols shall be adopted by the county or municipality and approved by the Department of Mental Health and Substance Abuse Services. These standards shall comply with the standards of the regional emergency medical services plan. C. All participating state and local agencies are directed to coordinate with each other and cooperate in assisting the Department of Mental Health and Substance Abuse Services as needed. If specifically requested in two or more regional emergency medical service plans, the Department may establish a law enforcement behavioral health emergency dispatch system. D. All emergency service patrols shall be required to keep reliable data on services made available and provided by the emergency service patrols. E. Upon the request of the Department of Mental Health and Substance Abuse Services, every state agency, board or commission shall provide any information requested by the Department of Mental Health and Substance Abuse Services to assess the effectiveness of emergency service patrols. Added by Laws 2000, c. 348, § 2, eff. Nov. 1, 2000. Amended by Laws 2012, c. 296, § 3, eff. Nov. 1, 2012. §43A-5-501. Short title - Legislative intent. A. Sections 5-501 through 5-513 of this title shall be known and may be cited as the “Inpatient Mental Health and Substance Abuse Treatment of Minors Act”. B. The Oklahoma Legislature hereby declares that the public policy of this state is to: 1. Assure adequate treatment of minors needing mental health treatment or treatment for drug or alcohol abuse; 2. Establish behavioral standards for determination of dangerousness of persons in need of such treatment; 3. Require the use of the least restrictive alternative in the determination of the method of treatment; 4. Provide orderly and reliable procedures for admission or commitment of minors alleged to be in need of inpatient mental health treatment or treatment for drug or alcohol abuse consistent with due process of law; and 5. Protect the rights of consumers hospitalized pursuant to law. C. It is the intent of the Legislature that: 1. Mental health and substance abuse treatment services shall be provided in the manner most likely to preserve, support and strengthen the family of the minor and to assist the minor and the family of the minor; 2. Minors needing mental health services or substance abuse treatment shall, to the maximum extent possible, receive those services on an outpatient basis; and 3. Inpatient evaluation and treatment services shall be utilized only as necessary to preserve the health or safety of the minor or for the protection of others in the case of a minor who, as a result of a demonstrable mental illness or drug or alcohol dependence, can be expected to intentionally or unintentionally seriously and physically injure another person. D. A minor may be admitted for inpatient mental health or substance abuse treatment only pursuant to the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. Added by Laws 1992, c. 298, § 1, eff. July 1, 1993. Amended by Laws 2002, c. 327, § 1, eff. July 1, 2002; Laws 2003, c. 130, § 1, eff. Nov. 1, 2003; Laws 2005, c. 150, § 50, emerg. eff. May 9, 2005; Laws 2006, c. 16, § 24, emerg. eff. March 29, 2006; Laws 2006, c. 97, § 24, eff. Nov. 1, 2006. NOTE: Laws 2005, c. 110, § 1 repealed by Laws 2006, c. 16, § 25, emerg. eff. March 29, 2006. §43A-5-502. Definitions. As used in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act: 1. "Minor" means any person under eighteen (18) years of age; 2. a. "Minor in need of treatment" means a minor who because of his or her mental illness or drug or alcohol dependency: (1) poses a substantial risk of physical harm to self in the near future as manifested by evidence of serious threats of or attempts at suicide or other significant self-inflicted bodily harm, (2) poses a substantial risk of physical harm to another person or persons in the near future as manifested by evidence of violent behavior directed toward another person or persons, (3) has placed another person or persons in a reasonable fear of violent behavior or serious physical harm directed toward such person or persons as manifested by serious and immediate threats, (4) is in a condition of severe deterioration such that, without intervention, there exists a substantial risk that severe impairment or injury to the minor will result in the near future, or (5) poses a substantial risk of serious physical injury to self or death in the near future as manifested by evidence that the minor is unable to provide for and is not providing for his or her basic physical needs. b. The mental health or substance abuse history of the minor may be used as part of the evidence to determine whether the minor is a minor in need of treatment as defined in this section. The mental health or substance abuse history of the minor shall not be the sole basis for this determination. c. The term "minor in need of treatment" shall not mean a minor afflicted with epilepsy, a developmental disability, organic brain syndrome, physical handicaps, brief periods of intoxication caused by such substances as alcohol or drugs or who is truant or sexually active unless the minor also meets the criteria for a minor in need of treatment pursuant to subparagraph a or b of this paragraph; 3. "Consent" means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor sixteen (16) years of age or older or by a parent of the minor; 4. "Individualized treatment plan" means a specific plan for the care and treatment of an individual minor who requires inpatient mental health treatment. The plan shall be developed with maximum involvement of the family of the minor, consistent with the desire of the minor for confidentiality and with the treatment needs of the minor, and shall clearly include the following: a. a statement of the presenting problems of the minor, short- and long-term treatment goals and the estimated date of discharge. The short- and long-term goals shall be based upon a clinical evaluation and shall include specific behavioral and emotional goals against which the success of treatment can be measured, b. treatment methods and procedures to be used to achieve these goals, which methods and procedures are related to each of these goals and which include, but are not limited to, specific prognosis for achieving each of these goals, c. identification of the types of professional personnel who will carry out the treatment procedures including, but not limited to, appropriate licensed mental health professionals, education professionals, and other health or social service professionals, and d. documentation of the involvement of the minor or the parent of the minor or legal custodian in the development of the treatment plan and whether all persons have consented to such plan; 5. "Inpatient treatment" means treatment services offered or provided for a continuous period of more than twenty-four (24) hours in residence after admission to a mental health or substance abuse treatment facility for the purpose of observation, evaluation or treatment; 6. "Least restrictive alternative" means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit to the minor, or to protect the minor or others from physical injury; 7. "Less restrictive alternative to inpatient treatment" means and includes, but is not limited to, outpatient counseling services, including services provided in the home of the minor and which may be referred to as "home-based services", day treatment or day hospitalization services, respite care, or foster care or group home care, as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, through a program established and specifically designed to meet the needs of minors in need of mental health treatment, or a combination thereof; 8. "Licensed mental health professional" means a person who is not related by blood or marriage to the person being examined or does not have any interest in the estate of the person being examined, and who is: a. a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology or American Osteopathic Board of Neurology and Psychiatry, b. a physician licensed pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act or the Oklahoma Osteopathic Medicine Act, c. a clinical psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists, d. a professional counselor licensed pursuant to the Licensed Professional Counselors Act, e. a person licensed as a clinical social worker pursuant to the provisions of the Licensed Social Workers Act, f. a licensed marital and family therapist as defined in the Marital and Family Therapist Licensure Act, g. a licensed behavioral practitioner as defined in the Licensed Behavioral Practitioner Act, h. an advanced practice nurse, as defined in the Oklahoma Nursing Practice Act, specializing in mental health, i. a physician assistant, who is licensed in good standing in this state, or j. a licensed alcohol and drug counselor/mental health (LADC/MH) as defined in the Licensed Alcohol and Drug Counselors Act. For the purposes of this paragraph, "licensed" means that the person holds a current, valid license issued in accordance with the laws of this state; 9. "Mental health evaluation" means an examination or evaluation of a minor for the purpose of making a determination whether, in the opinion of the licensed mental health professional making the evaluation, the minor is a minor in need of treatment and, if so, is in need of inpatient treatment and for the purpose of preparing reports or making recommendations for the most appropriate and least restrictive treatment for the minor; 10. "Mental health facility" means a public or private hospital or related institution as defined by Section 1-701 of Title 63 of the Oklahoma Statutes offering or providing inpatient mental health services, a public or private facility accredited as an inpatient or residential psychiatric facility by the Joint Commission on Accreditation of Healthcare Organizations, or a facility operated by the Department of Mental Health and Substance Abuse Services and designated by the Commissioner of the Department of Mental Health and Substance Abuse Services as appropriate for the inpatient evaluation or treatment of minors; 11. "Mental illness" means a substantial disorder of the child's thought, mood, perception, psychological orientation or memory that demonstrably and significantly impairs judgment, behavior or capacity to recognize reality or to meet the ordinary demands of life. "Mental illness" may include substance abuse, which is the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional, or physical impairment and cause socially dysfunctional or socially disordering behavior; 12. "Parent" means: a. a biological or adoptive parent who has legal custody of the minor or has visitation rights, b. a person judicially appointed as a legal guardian or custodian of the minor, or c. a relative within the third degree of consanguinity who exercises the rights and responsibilities of legal custody by delegation from a parent, as provided by law; 13. "Person responsible for the supervision of the case" means: a. when the minor is in the legal custody of a private child care agency, the Department of Human Services or the Office of Juvenile Affairs, the caseworker or other person designated by the agency to supervise the case, or b. when the minor is a ward of the court and under the court-ordered supervision of the Department of Human Services, the Office of Juvenile Affairs or a statutorily constituted juvenile bureau, the person designated by the Department of Human Services, the Office of Juvenile Affairs or juvenile bureau to supervise the case; 14. "Initial assessment (medical necessity review)" means the examination of current and recent behaviors and symptoms of a minor who appears to be mentally ill, alcohol-dependent, or drug-dependent and a minor requiring treatment, whose condition is such that it appears that emergency detention may be warranted by a licensed mental health professional at a facility approved by the Commissioner of Mental Health and Substance Abuse Services, or a designee, as appropriate for such examination to determine if emergency detention of the minor is warranted, and whether admission for inpatient mental illness or drug- or alcohol-dependence treatment or evaluation constitutes the least restrictive level of care necessary; 15. "Ward of the court" means a minor adjudicated to be a deprived child, a child in need of supervision, or a delinquent child; 16. "Treatment" means any planned intervention intended to improve the functioning of a minor in those areas which show impairment as a result of mental illness or drug or alcohol dependence; and 17. "Prehearing detention order" means a court order that authorizes a facility to detain a minor pending a hearing on a petition to determine whether the minor is a minor in need of treatment. Added by Laws 1992, c. 298, § 2, eff. July 1, 1993. Amended by Laws 1994, c. 156, § 1, eff. July 1, 1994; Laws 1995, c. 254, § 3, eff. Nov. 1, 1995; Laws 1998, c. 144, § 3, emerg. eff. April 22, 1998; Laws 2000, c. 49, § 1, eff. Nov. 1, 2000; Laws 2002, c. 327, § 2, eff. July 1, 2002; Laws 2003, c. 130, § 2, eff. Nov. 1, 2003; Laws 2003, c. 394, § 1; Laws 2005, c. 110, § 2, eff. Nov. 1, 2005; Laws 2006, c. 97, § 25, eff. Nov. 1, 2006; Laws 2009, c. 234, § 138, emerg. eff. May 21, 2009; Laws 2016, c. 280, § 1, eff. Nov. 1, 2016; Laws 2019, c. 360, § 1, eff. Nov. 1, 2019. §43A-5-503. Voluntary and involuntary admission for treatment. A. A parent of a minor or a minor sixteen (16) years of age or older may consent to the voluntary admission of the minor for inpatient mental health or substance abuse treatment. B. Upon the application of a minor sixteen (16) years of age or older or a parent of a minor, a mental health or substance abuse facility may admit the minor for inpatient evaluation or treatment if the person in charge of the facility, or a designee, determines the minor to be clinically eligible for such admission, and: 1. After an initial assessment, a licensed mental health professional determines and states in writing that there is reasonable cause to believe that the minor may be a minor in need of treatment and that an evaluation is necessary to properly determine the condition and treatment needs of the minor, if any; and 2. After an outpatient or inpatient mental health evaluation, a licensed mental health professional determines and states in writing that in the opinion of the professional, the minor is a minor in need of treatment and: a. the minor appears to have a mental illness or drug or alcohol dependence serious enough to warrant inpatient treatment and is reasonably likely to benefit from the treatment, and b. based upon the following, inpatient treatment is determined to be the least restrictive alternative that meets the needs of the minor: (1) reasonable efforts have been made to provide for the treatment needs of the minor through the provision of less restrictive alternatives and such alternatives have failed to meet the treatment needs of the minor, or (2) after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the minor is such that less restrictive alternatives are unlikely to meet the treatment needs of the minor, and c. the minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment. The consenting parent shall have the opportunity to discuss the findings with a person involved in the treatment of the minor. C. The determinations and written statements of a licensed mental health professional made pursuant to this section shall, upon the admission of the minor for inpatient evaluation or treatment, be made a part of the medical record of the minor. D. Inpatient treatment of a minor admitted under this section may not continue unless continued inpatient treatment has been authorized by appropriate hospital medical personnel, based upon their written findings that the criteria set forth in subsection B of this section continue to be met, after such persons have examined the minor and interviewed the consenting parent and reviewed reports submitted by members of the facility staff familiar with the condition of the minor. This finding is subject to the review provisions contained in Section 5-512 of this title. E. A mental health or substance abuse treatment facility may request that the district attorney file a petition alleging a minor to be a minor in need of treatment and require inpatient treatment when the parent consenting to the admission of a minor or when the minor age sixteen (16) years or older who had previously consented to admission revokes such consent and the person in charge of the facility, or a designee, determines that the condition of the minor is such that the minor should remain in the facility. 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. F. A minor who is in the legal custody of the Department of Human Services or the Office of Juvenile Affairs and who is a ward of a court may be admitted to a hospital or other facility for inpatient mental health or substance abuse treatment only pursuant to the provisions of Section 5-507 of this title. 1. A public or private child care agency having legal custody of a minor may request the district attorney to file a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment. 2. Nothing in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be interpreted to prohibit or preclude the provision of outpatient treatment or services including, but not limited to, outpatient evaluation, counseling, educational, rehabilitative or other mental health and substance abuse services to the minor, as necessary and appropriate, in the absence of a specific court order for such services. G. 1. An order of a court committing a minor to a facility for inpatient mental health or substance abuse evaluation or treatment shall not, by itself, relieve a parent of the obligation to provide for the support of the minor nor of liability for the cost of treatment provided to the minor. 2. Nothing in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be interpreted to: a. limit the authority of the court to order a parent to make support payments or to make payments or reimbursements for medical care or treatment, including mental health care or treatment, to the person, institution, or agency having custody of the minor or providing the treatment, or b. abrogate the right of the minor to any benefits provided through public funds for which the minor is otherwise eligible. 3. An order committing a minor to a facility for inpatient mental health or substance abuse treatment shall not by itself serve to preclude a subsequent adjudication which finds the minor to be delinquent, in need of supervision or deprived nor shall it cause the vacation of any such order of adjudication previously entered. H. If the parent who consented to the admission of a minor under this section revokes such consent at any time, the minor shall be discharged within forty-eight (48) hours, excluding weekends and holidays, unless the district attorney is requested to file a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment in accordance with the provisions of this title. 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. I. If a minor sixteen (16) years of age or older who consented to treatment subsequently revokes their consent at any time, the minor shall be discharged within forty-eight (48) hours, excluding weekends and holidays, unless the district attorney is requested to file a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment in accordance with the provisions of this title or the parent of the minor subsequently consents to the treatment of the minor. 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 1992, c. 298, § 3, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 4, eff. Nov. 1, 1995; Laws 1998, c. 144, § 4, emerg. eff. April 22, 1998; Laws 2002, c. 327, § 3, eff. July 1, 2002; Laws 2003, c. 130, § 3, eff. Nov. 1, 2003; Laws 2005, c. 110, § 3, eff. Nov. 1, 2005; Laws 2006, c. 97, § 26, eff. Nov. 1, 2006; Laws 2007, c. 130, § 15, eff. Nov. 1, 2007; Laws 2019, c. 360, § 2, eff. Nov. 1, 2019. §43A-5-504. Jurisdiction - Venue - Powers of court. A. Upon the filing of a petition alleging that a minor is a minor in need of treatment and requires inpatient mental health or substance abuse treatment, or upon the assumption of custody of an alleged deprived child pursuant to the provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes, or when a minor is the ward of the court, the judge of the district court having juvenile docket responsibility shall have jurisdiction of any minor who is or is alleged to be a minor in need of treatment and of the parent or legal custodian of the minor, regardless of where the parent or legal custodian is found. When jurisdiction has been obtained over a minor who is or is alleged to be in need of treatment, such jurisdiction may be retained until the minor is discharged from treatment ordered by the court. For the convenience of the parties and in the interest of justice, a proceeding under the Inpatient Mental Health and Substance Abuse Treatment of Minors Act may be transferred to the district court in any other county. 1. The venue for legal proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall be: a. the county where the minor resides, b. when the minor is in the custody of a public or private child care agency, the county in which the minor resides at the time legal proceedings are initiated, or c. the county of original jurisdiction. 2. The district court in which a petition is filed or the district court in which custody has been assumed pursuant to the provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes may retain jurisdiction of a minor in need of treatment in such proceeding even if the minor is subject to the jurisdiction of another district court within the state. Any orders made by the court in which the petition is filed shall control over prior orders in regard to the minor. 3. The district court in which a petition is filed which alleges that a minor is a minor in need of treatment may issue any temporary order or grant any interlocutory relief authorized by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act even if another district court within the state has jurisdiction of the minor or has jurisdiction to determine the custody or support of the minor. 4. If the district court in which a petition is filed pursuant to either paragraph 2 or 3 of this subsection sustains the petition, the district court shall have the jurisdiction to make a final determination on the petition or to transfer the proceedings to a court having prior jurisdiction over the minor. Where the other proceeding is pending in the same judicial district in which the petition is filed, the chief judge of the judicial district shall determine which judge shall try the issues when the judges to whom the cases have been assigned are unable to agree on the procedure that should be followed. B. Unless otherwise specifically provided by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act and Title 43A of the Oklahoma Statutes, the rules of civil procedure shall apply to all legal proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. Added by Laws 1992, c. 298, § 4, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 5, eff. Nov. 1, 1995; Laws 1997, c. 386, § 21, emerg. eff. June 10, 1997; Laws 2002, c. 327, § 4, eff. July 1, 2002; Laws 2003, c. 130, § 4, eff. Nov. 1, 2003; Laws 2009, c. 234, § 139, emerg. eff. May 21, 2009. §43A-5-505. Repealed by Laws 2005, c. 110, § 9, eff. Nov. 1, 2005. §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. §43A-5-506. Initial assessment - Emergency admission or detention - Evaluation - Hearing. A. Any parent, guardian, or law enforcement officer may request the administrator of a facility or designee to conduct an initial assessment of a minor to determine whether the minor is a minor requiring treatment. B. Following an initial assessment, a minor may be admitted or detained on an emergency basis in a mental health or substance abuse treatment facility that is willing to admit or detain the minor for a period not to exceed five (5) days from the time of admission or detention, excluding weekends and legal holidays. The admission or detention for an emergency basis may only exceed five (5) days, excluding weekends or holidays, if the facility receives a prehearing detention order authorizing detention pending a hearing on a petition to determine whether the minor is a minor in need of treatment and to require inpatient treatment. C. 1. A minor admitted or detained pursuant to this section shall be evaluated by a licensed mental health professional to determine whether the minor is a minor in need of treatment. a. If the licensed mental health professional determines that the minor is a minor in need of treatment, the licensed mental health professional shall submit the mental health evaluation to the district attorney within forty-eight (48) hours, excluding weekends or holidays, of admission, detention, or revocation of the consent of the minor sixteen (16) years of age or older or to the parent. b. If the licensed mental health professional determines that the minor is not a minor in need of treatment, the minor shall immediately be discharged. 2. Upon admission or detention of a minor pursuant to this section, the person requesting the petition shall immediately notify the district attorney. The district attorney shall file a petition as provided in Section 5-509 of this title within three (3) days of receipt of the report and shall request a prehearing detention order from the court authorizing further detention of the child in the facility pending a hearing on a petition alleging the minor to be a minor in need of treatment and to require inpatient treatment and further order of the court. 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. a. If the court finds probable cause exists that the minor is a minor in need of treatment, the court shall issue a prehearing detention order authorizing the facility to detain the minor until the hearing on the petition and to immediately set a date and time for a hearing on the petition. A certified copy of the prehearing detention order shall constitute authority for a facility to detain or continue to detain the minor who is the subject of the order. b. If the court does not find probable cause exists that the minor is a minor in need of treatment, the court shall dismiss the petition and request for a prehearing detention order and order the release of the minor to the minor’s parent. Added by Laws 1992, c. 298, § 6, eff. July 1, 1993. Amended by Laws 1998, c. 144, § 6, emerg. eff. April 22, 1998; Laws 2002, c. 327, § 6, eff. July 1, 2002; Laws 2003, c. 130, § 6, eff. Nov. 1, 2003; Laws 2005, c. 110, § 5, eff. Nov. 1, 2005; Laws 2006, c. 97, § 28, eff. Nov. 1, 2006. §43A-5-507. Admission of alleged deprived child or ward of court - Initial assessment - Mental health evaluation - Petition - Parent having physical custody. A. No minor who is placed into emergency, temporary or permanent custody of a state agency pursuant to Title 10A of the Oklahoma Statutes shall be admitted to a hospital or mental health or substance abuse treatment facility: 1. On an emergency basis except as provided by this section; 2. For inpatient treatment except upon a commitment order of the court pursuant to the provisions of subsection D of this section and after a finding that the minor requires such services as provided by Section 5-512 of this title. B. After an initial assessment and a determination that a minor is a minor in need of treatment, the minor may be admitted to a hospital or mental health or substance abuse treatment facility on an emergency basis for a period not to exceed five (5) days from the time of admission, excluding weekends and holidays. On the next business day following admission, notice of such admission shall be given by the person responsible for the supervision of the case, as applicable, to the minor's attorney, Court Appointed Special Advocate (CASA) or guardian ad litem, the court and district attorney. C. A minor admitted on an emergency basis pursuant to this section shall be evaluated and the mental health evaluation submitted to the district attorney within forty-eight (48) hours of admission, excluding weekends and holidays. The mental health evaluation shall be performed by a licensed mental health professional at the facility. D. If after an inpatient or outpatient mental health evaluation it appears that the minor may require inpatient treatment, the district attorney shall file a petition as provided by Section 5-509 of this title within three (3) days after receiving the mental health evaluation requesting an order committing the minor to a facility for inpatient treatment. After the filing of a petition and upon issuance of a prehearing detention order, the minor may be detained in the facility for no longer than necessary for a hearing on the petition as provided by Section 5-510 of this title or further order of the court. E. Nothing in this section shall be interpreted to preclude or prohibit a parent having physical custody of a minor who is a ward of the court from arranging for an emergency admission of the minor. In such cases, the parent shall immediately notify the person responsible for the supervision of the case of the admission. Added by Laws 1992, c. 298, § 7, eff. July 1, 1993. Amended by Laws 1994, c. 156, § 2, eff. July 1, 1994; Laws 1995, c. 254, § 6, eff. Nov. 1, 1995; Laws 1997, c. 386, § 22, emerg. eff. June 10, 1997; Laws 2002, c. 327, § 7, eff. July 1, 2002; Laws 2003, c. 130, § 7, eff. Nov. 1, 2003; Laws 2006, c. 97, § 29, eff. Nov. 1, 2006; Laws 2009, c. 234, § 140, emerg. eff. May 21, 2009; Laws 2013, c. 404, § 25, eff. Nov. 1, 2013. §43A-5-508. Mental health evaluation - Contents and signature - Records. A. The mental health evaluation of a licensed mental health professional prepared pursuant to Section 5-506 or 5-507 of this title shall include written findings as to whether: 1. The minor appears to be a minor in need of treatment and is reasonably likely to benefit from treatment; 2. Based upon the following, inpatient treatment is the least restrictive alternative that meets the needs of the minor: a. reasonable efforts have been made to provide for the treatment needs of the minor through the provision of less restrictive alternatives and such alternatives have failed to meet the treatment needs of the minor, or b. after a thorough consideration of less restrictive alternatives to inpatient treatment, the condition of the minor is such that less restrictive alternatives are unlikely to meet the treatment needs of the minor; and 3. The minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment. B. Any mental health evaluation of a minor alleged to be a minor in need of treatment that recommends that the minor be found to be eligible for inpatient mental health or substance abuse treatment shall be signed by the licensed mental health professional examining the minor. C. The parents, all public agencies, and all providers or programs which have treated or are treating the minor shall cooperate with the person conducting a mental health evaluation for the purpose of providing the mental health evaluation to a district attorney or to a district court and shall promptly deliver, as otherwise provided by law, all records related to the treatment or education of the minor. Added by Laws 1992, c. 298, § 8, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 7, eff. Nov. 1, 1995; Laws 1998, c. 144, § 7, emerg. eff. April 22, 1998; Laws 2002, c. 327, § 8, eff. July 1, 2002; Laws 2003, c. 130, § 8, eff. Nov. 1, 2003; Laws 2005, c. 110, § 6, eff. Nov. 1, 2005; Laws 2006, c. 97, § 30, eff. Nov. 1, 2006. §43A-5-509. Filing of petition - Contents - Proposed individual treatment plan. A. A petition alleging a minor to be a minor in need of treatment shall be filed by a district attorney and may be filed by a district attorney only after receipt and review of the mental health evaluation conducted by a licensed mental health professional stating that in the opinion of the professional the minor has a demonstrable mental illness or is drug or alcohol dependent and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person if services are not provided, and upon the request of: 1. A parent, a public or private child care agency having legal custody of the minor, or a mental health or substance abuse treatment facility; or 2. When the minor is a ward of the court, the Department of Human Services, the Office of Juvenile Affairs or juvenile bureau having supervision of the case or by the parent of the minor with the consent of the applicable agency, or juvenile bureau having supervision of the case. B. If after receipt and review of the mental health evaluation conducted by a licensed mental health professional: 1. The district attorney declines to file a petition, the district attorney must immediately notify the requesting facility, in writing, of the refusal to file. Then the minor shall be discharged to the custody of the consenting parent or public or private agency having custody of the minor; or 2. The petition is filed, a copy of the mental health evaluation conducted by the licensed mental health professional shall be attached to the petition and notice shall be given as provided by Section 5-510 of this title. C. 1. The proceeding shall be entitled "In the matter of ____________, a minor alleged to be in need of inpatient mental health or substance abuse treatment". 2. The petition shall allege that the minor has a demonstrable mental illness or is drug or alcohol dependent and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself, or another person if services are not provided and has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation and shall be verified and may be based upon information and belief. The petition shall set forth: a. with particularity the facts which bring the minor within the purview of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, b. the name, age and residence of the minor, c. the names and residences of the parents of the minor, d. the name and residence of the legal guardian of the minor, if one, e. the name and residence of the person or persons having custody or control of the minor, f. the name and residence of the nearest known relative, if no parent or guardian can be found, g. the relief requested, and h. an endorsement of witnesses intended to be called by the petitioner. D. Upon the filing of a petition pursuant to this section, if the minor has been admitted to a facility, the facility shall ensure that a proposed individual treatment plan for the minor is prepared and submitted to the court at least twenty-four (24) hours prior to the time set for the hearing. Added by Laws 1992, c. 298, § 9, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 8, eff. Nov. 1, 1995; Laws 2002, c. 327, § 9, eff. July 1, 2002; Laws 2003, c. 130, § 9, eff. Nov. 1, 2003; Laws 2006, c. 97, § 31, eff. Nov. 1, 2006. §43A-5-510. Notice of hearing on petition - Appointment of attorney - 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. §43A-5-511. Hearings - Right to trial by jury. A. Hearings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors 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 10A of the Oklahoma Statutes for court records relating to children. B. The minor may remain silent as a matter of right in hearings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act and shall be so advised. No statement, admission or confession made by the minor alleged to be a minor in need of treatment shall be used against the minor for any purpose except for proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. C. A decision determining a minor to be a minor in need of treatment shall be made by the judge; provided, however, the judge on his or her own motion may call a jury to try any such case. Such decision must be based on sworn testimony and the minor must have the opportunity for cross-examination unless the facts are stipulated. Where the facts are stipulated, the judge must ascertain from the minor if the minor agrees with the stipulation and understands the consequences of stipulating the facts. D. The court may receive as evidence and act upon the evaluation or report of the licensed mental health professional who evaluated the minor. E. If authorized by the court, any proceeding held pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act may be conducted via teleconference communication; provided, that when a parent or child appears for a proceeding via teleconference, the attorney representing that parent or child shall personally appear at the hearing. For purposes of this paragraph, "teleconference communication" means participation in the hearing by interactive telecommunication, including telephonic communication, by the absent party, those parties present in court, the attorneys, and others deemed to be necessary participants to the proceeding including, but not limited to, foster parents and facility staff where a child may be receiving care or treatment. Added by Laws 1992, c. 298, § 11, eff. July 1, 1993. Amended by Laws 2002, c. 327, § 11, eff. July 1, 2002; Laws 2003, c. 130, § 11, eff. Nov. 1, 2003; Laws 2009, c. 234, § 142, emerg. eff. May 21, 2009; Laws 2010, c. 278, § 20, eff. Nov. 1, 2010; Laws 2019, c. 360, § 3, eff. Nov. 1, 2019. §43A-5-512. Commitment to treatment facility - Evidence required - Least restrictive alternative - Review of commitment. A. At the hearing the court shall determine whether by clear and convincing evidence: 1. The minor has a demonstrable mental illness or is drug or alcohol dependent and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself, or another person if services are not provided, and has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation; and 2. The minor is a minor in need of treatment proposed in the individualized treatment plan and is likely to benefit from such treatment. B. After a hearing, the court shall order the minor to receive the least restrictive care and treatment appropriate for the treatment needs of the minor until such time as the care and treatment are no longer necessary. C. The court shall not commit a minor to a facility for inpatient treatment unless the court determines: 1. The minor has a demonstrable mental illness or is drug or alcohol dependent and as a result of that mental illness or drug or alcohol dependence can be expected within the near future to inflict or attempt to inflict serious bodily harm to himself or herself, or another person if services are not provided, and has engaged in one or more recent overt acts or made significant recent threats which substantially support that expectation; or 2. That all reasonable efforts have been made to provide for the treatment needs of the minor through the provision of less restrictive alternatives to inpatient treatment and that such alternatives have failed to meet the treatment needs of the minor; or 3. After a thorough consideration of less restrictive alternatives to inpatient treatment, that the condition of the minor is such that less restrictive alternatives are unlikely to meet the treatment needs of the minor; and 4. There are no comparably effective services available to the minor that are less physically intrusive or restrictive. D. Whenever, after a hearing, the court finds that the minor: 1. Is not a minor in need of treatment the court shall dismiss the case; or 2. Is a minor in need of treatment but does not require inpatient treatment, the court may order treatment or services through a less restrictive alternative to inpatient mental health or substance abuse treatment, which may include ordering the minor to take medication as prescribed by a physician and, upon a finding that it is in the best interests of the minor, the court may order the parents or other adult persons living in the home of the minor to comply with reasonable conditions relating to the treatment of the minor. E. Whenever, after a hearing, the court finds that the minor is a minor in need of treatment and requires inpatient treatment in a mental health or substance abuse treatment facility, the court shall order the commitment of the minor to a mental health or substance abuse treatment facility until the minor is no longer a “minor in need of treatment” as determined by medical staff, subject to the review provisions contained in this section, and: 1. When the minor is in the custody of a parent or legal guardian, order the parent or legal guardian to make arrangements for the admission of the minor to a public or private mental health or substance abuse treatment facility appropriate for the inpatient care and treatment of minors which is willing to admit the minor for treatment; and 2. When the minor is in the custody of the Department of Human Services or the Office of Juvenile Affairs, order the Department or Office, as applicable, to make arrangements for the placement of the minor in a public or private mental health or substance abuse treatment facility appropriate for the inpatient treatment needs of the minor. F. Whenever the court commits a minor to a mental health or substance abuse treatment facility for inpatient treatment pursuant to this section, the court shall set the matter for review and shall review the matter not more than thirty (30) days from the date of commitment and shall continue to review the matter at intervals of not more than thirty (30) days until the minor is discharged from inpatient treatment. Not less than three (3) days prior to the review hearing, the mental health or substance abuse treatment facility shall submit a report regarding the minor’s progress and treatment and make a recommendation as to whether the minor needs inpatient care and the reasons therefor. Added by Laws 1992, c. 298, § 12, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 10, eff. Nov. 1, 1995; Laws 2000, c. 84, § 1, eff. Nov. 1, 2000; Laws 2002, c. 327, § 12, eff. July 1, 2002; Laws 2003, c. 130, § 12, eff. Nov. 1, 2003; Laws 2006, c. 97, § 32, eff. Nov. 1, 2006. §43A-5-513. Individualized treatment plan - Discharge plan. A. Within ten (10) days after the admission of a minor for inpatient treatment, the person in charge of the facility in which the minor is being treated shall ensure that an individualized treatment plan has been prepared by the person responsible for the treatment of the minor. The minor shall be involved in the preparation of the treatment plan to the maximum extent consistent with the ability of the minor to understand and participate. The parent or legal custodian of the minor or, if the minor is in the custody of the Department of Human Services or the Office of Juvenile Affairs, the designated representative of the applicable agency, shall be involved to the maximum extent consistent with the treatment needs of the minor. B. The facility shall discharge the minor when appropriate facility medical staff determine the minor no longer meets the admission or commitment criteria. If not previously discharged, a minor committed by a court for inpatient treatment shall be discharged upon the expiration of a court order committing the minor for inpatient treatment or an order of the court directing the discharge of the minor. C. Prior to the discharge of the minor from inpatient treatment, a discharge plan for the minor shall be prepared and explained to the minor and the parent or the person responsible for the supervision of the case. The plan shall include but not be limited to: 1. The services required by the minor in the community to meet the needs of the minor for treatment, education, housing, and physical care and safety; 2. Identification of the public or private agencies that will be involved in providing treatment and support to the minor; 3. Information regarding medication which should be prescribed to the minor; and 4. An appointment for follow-up outpatient treatment and medication management. D. Upon the discharge of the minor from inpatient treatment, a designee of the facility shall inform the parent or person responsible for the supervision of the case of the importance of disclosing the mental health needs of the minor to the minor's resident school district as provided for in Section 1 of this act including disclosure in whole or in part of the minor's discharge plan prepared pursuant to subsection C of this section as appropriate and consistent with applicable law. Added by Laws 1992, c. 298, § 13, eff. July 1, 1993. Amended by Laws 1995, c. 254, § 11, eff. Nov. 1, 1995; Laws 2000, c. 84, § 2, eff. Nov. 1, 2000; Laws 2002, c. 327, § 13, eff. July 1, 2002; Laws 2003, c. 130, § 13, eff. Nov. 1, 2003; Laws 2005, c. 110, § 7, eff. Nov. 1, 2005; Laws 2022, c. 247, § 2, eff. July 1, 2022. §43A-5-521. Pilot projects for community-based system of care. A. The Department of Mental Health and Substance Abuse Services shall continue pilot projects previously established for the delivery of mental health services to children and adolescents through a community-based system of care, contingent upon the availability of funds. Pilot projects shall include, but not be limited to, requirements for: 1. The active participation and assistance of: a. local public agencies and private child-serving agencies receiving state funds through contracts with state agencies, b. local offices of state agencies having health, mental health or social or other service responsibilities related to children and adolescents, and c. the local school district; 2. The use of comprehensive treatment plans that cross individual agency boundaries; 3. Case managers responsible for the coordination of service delivery; 4. Flexible funding to provide traditional or nontraditional services for which no other source of funding is available; 5. A coordinated database for children receiving services through the pilot project; and 6. Outcome measures to evaluate the service and cost effectiveness of the project. B. Community-based system of care for mental health services for children and adolescents shall be funded through available agency funds, federal grants, and private grants or other funds. Each state agency required by this act to participate in the continuation of pilot projects shall also assist with funding, including any required state matches to federal funds. As used in this section, “community-based system of care” means a consortium of public and private agencies within a community that establishes a coordinated team approach for the delivery of services to children and adolescents who require mental health services and their families. Services provided under a community-based system of care may include, but shall not be limited to, case management and service coordination, counseling, day treatment, special education services, family support, health services, homebound services, respite care, residential care, transitional services, psychiatric consultation, medication, transportation and wrap-around or nontraditional services. Added by Laws 2001, c. 311, § 2, emerg. eff. June 1, 2001. §43A-6-101. Nonresident consumers - Transfer to state of residence. Nonresidents who have been admitted as consumers to a facility within the Department of Mental Health and Substance Abuse Services in accordance with the provisions of this title may be transferred by the Commissioner of Mental Health and Substance Abuse Services to similar institutions within the state where they reside. The Commissioner shall make arrangements with the appropriate agency in other states to facilitate the orderly transfer of nonresidents to the state in which they reside. Added by Laws 1953, p. 167, § 71, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 82, eff. Nov. 1, 1986. Renumbered from § 71 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 51, emerg. eff. May 9, 2005. §43A-6-102. Transfer to federal agency for care and treatment. A. 1. Upon receipt of a certificate of the United States Public Health Service or any agency of the United States Government or a State Veterans Home that facilities are available for the care or treatment of any person who has been admitted to a facility within the Department of Mental Health and Substance Abuse Services in accordance with the provisions of this title and that such person is eligible for care or treatment, the Commissioner of Mental Health and Substance Abuse Services, upon recommendation by the person in charge of the facility in which the consumer is located, may transfer the consumer to: a. the United States Public Health Service or other agency of the United States Government, or b. a State Veterans Home or other agency of the state for care and treatment. 2. If the consumer has been admitted under involuntary court- ordered commitment proceedings, the Commissioner shall notify the committing court of any transfer when it has been effected. 3. Any consumer transferred as provided in this section shall be deemed to be committed to the United States Public Health Service or other agency of the United States Government or a State Veterans Home or other agency of the state pursuant to the original commitment the same as if the person had been originally committed. B. 1. In the event that a consumer transferred under provisions of this section subsequently becomes ineligible for continued services, or if required services cannot be provided by the entity or facility where the consumer is committed and residing, the Commissioner shall upon notification accept the return of the consumer to the appropriate facility of the Department. 2. If the consumer has been admitted under this title, the Commissioner shall notify the committing court of the transfer when it has been effected. 3. Any consumer transferred as provided in this section shall be deemed to be committed to the Department pursuant to the original commitment the same as if the person had been originally committed. Added by Laws 1953, p. 167, § 72, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 189, § 4, emerg. eff. June 27, 1959; Laws 1980, c. 83, § 1, eff. Oct. 1, 1980. Renumbered from § 72 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 52, emerg. eff. May 9, 2005; Laws 2022, c. 83, § 5, emerg. eff. April 25, 2022. §43A-6-103. Residents of state in institutions of other states - Admission to Oklahoma institution. Any resident of this state who has been admitted to an institution for mentally ill in another state, the District of Columbia, or a territory, in accordance with the laws of that place, may be admitted to an institution in Oklahoma within the Department of Mental Health and Substance Abuse Services without further proceedings in this state. Added by Laws 1953, p. 166, § 59, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 83, eff. Nov. 1, 1986. Renumbered from § 59 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 101, emerg. eff. April 9, 1990. §43A-6-104. Bringing poor or indigent person into state. Any person who knowingly brings or causes to be brought, a poor or indigent person from out of the state into this state and keeps or leaves such person, or attempts to keep or leave such person, within the state for the purpose of placing the person or requiring the placement of the person as a consumer in any state facility within the Department of Mental Health and Substance Abuse Services for care or treatment therein at the expense of the state, shall be guilty of a misdemeanor. Added by Laws 1953, p. 174, § 132, emerg. eff. June 3, 1953. Renumbered from § 132 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 53, emerg. eff. May 9, 2005. §43A-6-201. Enactment of compact - Text. The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: the contracting states solemnly agree that: ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the consumers, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the consumer but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of consumer welfare and to establish the responsibilities of the party states in terms of such welfare. ARTICLE II As used in this compact: (a) “Sending state” shall mean a party state from which a consumer is transported pursuant to the provisions of the compact or from which it is contemplated that a consumer may be so sent. (b) “Receiving state” shall mean a party state to which a consumer is transported pursuant to the provisions of the compact or to which it is contemplated that a consumer may be so sent. (c) “Facility” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency. (d) “Consumer” shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact. (e) “After-care” shall mean care, treatment and services provided a consumer, as defined herein, on convalescent status or conditional release. (f) “Mental illness” shall mean mental disease to such extent that a person so afflicted requires care and treatment for the welfare of the person, or the welfare of others, or of the community. (g) “Mental deficiency” shall mean mental deficiency as defined by appropriate clinical authorities to such extent that persons so afflicted are incapable of managing themselves and their affairs, but shall not include mental illness as defined herein. (h) “State” shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, the person shall be eligible for care and treatment in an institution in that state irrespective of the residence of the person, settlement or citizenship qualifications. (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any consumer may be transferred to a facility in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said consumer would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the full record of the consumer with due regard for the location of the family of the consumer, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any consumer pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the consumer; furnished all available medical and other pertinent records concerning the consumer; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the consumer if said authorities so wish; and unless the receiving state shall agree to accept the consumer. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of consumers, an interstate consumer under this compact shall receive the same priority as a local consumer and shall be taken in the same order and at the same time that he would be taken if he were a local consumer. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a consumer may be reviewed at any time and such further transfer of the consumer may be made as seems likely to be in the best interest of the consumer. ARTICLE IV (a) Whenever, pursuant to the laws of the state in which a consumer is physically present, it shall be determined that the consumer should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the consumer in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the consumer and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the consumer such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the intended place of residence of the consumer and the identity of the person in whose charge it is proposed to place the consumer, the complete medical history of the consumer, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the consumer in the sending state and the appropriate authorities in the receiving state find that the best interest of the consumer would be served thereby, and if the public safety would not be jeopardized thereby, the consumer may receive aftercare or supervision in the receiving state. (c) In supervising, treating, or caring for a consumer on aftercare, pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local consumers. ARTICLE V Whenever a dangerous or potentially dangerous consumer escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous consumer, the consumer shall be detained in the state where found pending disposition in accordance with law. ARTICLE VI The duly-accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the consumer, shall be permitted to transport any consumer being moved pursuant to this compact through any and all states party to this compact, without interference. ARTICLE VII (a) No person shall be deemed a consumer of more than one facility at any given time. Completion of transfer of any consumer to a facility in a receiving state shall have the effect of making the person a consumer of the facility in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any consumer pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. ARTICLE VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any guardian of the consumer on behalf of the guardian or in respect of any patient for whom the guardian may serve, except that where the transfer of any consumer to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any consumer having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a consumer. ARTICLE IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no consumer shall be placed or detained in any prison, jail or lockup, but such consumer shall, with all expedition, be taken to a suitable facility for mental illness or mental deficiency. ARTICLE X (a) Each party state shall appoint a “compact administrator” who, on behalf of the state of the compact administrator, shall act as general coordinator of activities under the compact in the state of the compact administrator and who shall receive copies of all reports, correspondence, and other documents relating to any consumer processed under the compact by the state of the compact administrator either in the capacity of sending or receiving state. The compact administrator or a duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any consumer processed thereunder. (b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE XI The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. ARTICLE XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. ARTICLE XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any consumer who has been sent to said state or sent out of said state pursuant to the provisions of the compact. (b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. ARTICLE XIV This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Added by Laws 1959, p. 191, § 1, emerg. eff. July 16, 1959. Renumbered from § 501 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 54, emerg. eff. May 9, 2005. §43A-6-202. Compact administrator - Powers. Pursuant to said compact, the Director of the Department of Mental Health and Substance Abuse Services, shall be ex officio compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact of any supplementary agreement or agreements entered into by this state thereunder. Added by Laws 1959, p. 194, § 2, emerg. eff. July 16, 1959. Renumbered from § 502 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 102, emerg. eff. April 9, 1990. §43A-6-203. Supplemental agreements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. Added by Laws 1959, p. 194, § 3, emerg. eff. July 16, 1959. Renumbered from § 503 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-6-204. Discharge of financial obligations. The compact administrator, subject to the approval of the State Budget Director, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder, and said payments shall be made from monies appropriated to the Department of Mental Health and Substance Abuse Services. Added by Laws 1959, p. 195, § 4, emerg. eff. July 16, 1959. Renumbered from § 504 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 103, emerg. eff. April 9, 1990. §43A-6-205. Proposed transferees. The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the district court. Added by Laws 1959, p. 195, § 5, emerg. eff. July 16, 1959. Renumbered from § 505 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-7-101. Discharge or permission to leave facility - Outpatient status - Notification of discharge - Expense of returning to facility - Procedure. A. The person in charge of a facility within the Department of Mental Health and Substance Abuse Services shall discharge a consumer or permit the consumer to leave the facility as provided in this section. B. The person in charge shall discharge a consumer: 1. Who is no longer a risk to self or others as provided by Section 1-103 of this title; 2. Who is capable of surviving safely in freedom alone or with the help of other state agencies, private entities, or willing and responsible family members or friends; provided, however, nothing in this section or Section 7-102 of this title shall be construed as requiring any state agency or private entity to provide services except as voluntarily agreed to by the agency and consumer; and 3. For whom a discharge plan has been developed pursuant to the provisions of Section 7-102 of this title. C. The person in charge may grant a convalescent leave or visiting status to a consumer in accordance with policies prescribed by the Commissioner of Mental Health and Substance Abuse Services. The facility granting a convalescent leave or visiting status to a consumer has no responsibility in returning the consumer to the facility should such become necessary. A convalescent leave or visiting status may be granted rather than a discharge when the complete recovery of the consumer can be determined only by permitting the consumer to leave the facility. The person in charge shall discharge a consumer who has not returned to the facility within twelve (12) months from the time a convalescent leave or visiting status was granted. Any return from convalescent leave or visiting status must be on a voluntary basis. D. In accordance with policies prescribed by the Commissioner, a person in charge may transfer a consumer to an outpatient or other nonhospital status when, in the opinion of the person in charge, such transfer will not be detrimental to the public welfare or injurious to the consumer and the necessary treatment may be continued on that basis; provided, however, that before transferring the consumer, the person in charge shall ensure that appropriate financial resources and appropriate services are available to receive and care for such consumer after such transfer. E. The person in charge of the facility shall notify the court that committed the consumer that the consumer has been discharged. Such notification shall be within forty-eight (48) hours after the actual discharge. F. If the consumer was committed after the dismissal of criminal charges pursuant to the provisions of Section 1175.6a of Title 22 of the Oklahoma Statutes: 1. The Department shall continue all appropriate efforts to restore the consumer to competency as defined by Section 1175.1 of Title 22 of the Oklahoma Statutes during the consumer’s commitment; 2. The Department shall evaluate the consumer for competency and issue a written report detailing the consumer’s progress in regaining competency to the attorney of the consumer, the district court that dismissed the criminal action, and the district attorney or other prosecuting agency that prosecuted the dismissed criminal action at least once every year; 3. The Department shall notify the consumer, the attorney of the consumer, the prosecuting agency that prosecuted the dismissed criminal action, and the district court that committed the consumer no less than sixty (60) days prior to any discharge, leave, granting of visiting status, or transfer of the consumer. Contemporaneously with the notice, the Department shall provide a written report evaluating the consumer’s risk to self and others if released, the consumer’s status and progress in regaining competency, the consumer’s current and historical compliance with medication and treatment, and any discharge plan developed for the consumer; 4. The prosecuting agency that prosecuted the dismissed criminal action may file with the district court that committed the consumer an objection to the consumer’s discharge, leave, granting of visiting status, or transfer within thirty (30) days of receipt of notice pursuant to paragraph 3 of this subsection. The prosecuting agency shall, regardless of whether an objection is filed, make reasonable efforts to notify all alleged victims in the dismissed criminal action, or if an alleged victim is deceased, his or her family, of the Department’s planned discharge, leave, granting of visiting status, or transfer of the consumer; 5. The court shall hold a hearing within thirty (30) days of the filing of an objection by the prosecuting agency to determine whether the consumer’s planned discharge, leave, granting of visiting status, or transfer should occur. The consumer shall be entitled to counsel at the hearing and in preparation for the hearing. If the consumer does not have counsel, the court shall appoint an attorney to represent the person at no cost if the person is indigent and cannot afford an attorney. The hearing may be continued either by agreement of the parties or upon good cause shown. The prosecuting agency objecting to the consumer’s discharge, leave, granting of visiting status, or transfer shall bear the burden of proof, by clear and convincing evidence, that the planned discharge, leave, granting of visiting status, or transfer should not be granted. In the event of a planned discharge pursuant to subsection B of this section, the court shall determine whether the criteria contained within subsection B of this section has been met. In the event of a convalescent leave, granting of visiting status, or transfer pursuant to subsection C or D of this section, the court shall determine whether the applicable criteria have been met and whether the leave, granting of visiting status, or transfer is in the best interest of the consumer and in the best interest of public safety. The court shall enter the appropriate order which shall include written findings of fact and conclusions of law and specify its effective date; 6. An order entered pursuant to this subsection may be appealed by either the consumer or the prosecuting agency to the Supreme Court in accordance with the rules of the Supreme Court. The district court, the Supreme Court, or the Court of Civil Appeals, if assigned, may stay an order granting discharge, leave, visiting status, or transfer pending appeal. On appeal, the district court’s findings of facts shall be reviewed for an abuse of discretion while the legal conclusions of the district court shall be reviewed de novo. If the prosecuting agency appeals an order granting the consumer’s discharge, leave, visiting status, or transfer and the order has been stayed pending appeal, the appellate court shall resolve the appeal in an expedited manner; and 7. The provisions of this subsection shall apply to all persons subject to such terms regardless of whether the person’s criminal charge or commitment occurred before or after the effective date of this act. G. The expense of returning a consumer from convalescent leave, outpatient status or visiting status shall be that of: 1. The party removing the consumer from the facility; or 2. The Department. When it becomes necessary for the consumer to be returned from the county where the consumer happens to be, the Department shall reimburse the county pursuant to the provisions of the State Travel Reimbursement Act. H. In the event authorization is necessary to accomplish the return of the consumer to the facility, such authority is hereby vested in the judge of the district court in the county where the consumer is located. Upon receipt of notice that the consumer needs to be returned to the facility, the judge shall cause the consumer to be brought before the court by issuance of a citation directed to the consumer to appear and show cause why the consumer should not be returned to the facility. The judge shall, if clear and convincing evidence is presented by testimony under oath that the consumer should be returned to the facility, enter an order returning the consumer. If there is a lack of clear and convincing evidence showing the necessity of such return, the consumer shall immediately be released. Law enforcement officers are authorized to take into custody, detain and transport a consumer pursuant to a citation or an order of the judge of the district court. I. An attending physician of any consumer admitted to a private facility may discharge a consumer or permit the consumer to leave the facility subject to the same provisions applicable to the discharge or release of a consumer by the person in charge of a state facility. Added by Laws 1953, p. 167, § 73, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 189, § 5, emerg. eff. June 27, 1959; Laws 1965, c. 295, § 1, emerg. eff. June 24, 1965; Laws 1980, c. 227, § 1, eff. Oct. 1, 1980; Laws 1986, c. 35, § 2, eff. Nov. 1, 1986. Renumbered from § 73 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 368, § 1, eff. Nov 1, 1989; Laws 2001, c. 186, § 16, eff. Nov. 1, 2001; Laws 2003, c. 46, § 39, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 55, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 27, eff. Nov. 1, 2005; Laws 2025, c. 364, § 4, eff. Nov. 1, 2025. §43A-7-102. Discharge planning and assistance. A. Any person detained or voluntarily or involuntarily committed for treatment pursuant to the provisions of the Mental Health Law shall be provided with discharge planning and assistance by the facility where detained or treated. Discharge planning and assistance shall include, but not be limited to, the following: 1. Return of all personal possessions to the person, upon discharge, except contraband considered illegal; and 2. Transportation assistance. B. 1. A discharge plan shall be completed for every person to be discharged from a facility operated by the Department of Mental Health and Substance Abuse Services or an agency which provides services pursuant to a contract with the Department. 2. Discharge planning and the discharge plan shall include, but not be limited to: a. housing information and referral, a location, approved by the Department, where the consumer will reside, provided, the Department shall give preference to discharge to an appropriate verifiable address, and, as necessary, placement assistance pursuant to Section 7-104 of this title, b. planning for outpatient treatment, as appropriate, including but not limited to assignment of a case manager, an initial appointment for outpatient services and a treatment plan. Sufficient medication to enable the person to be discharged to continue the course of medication prescribed for such person until such appointment shall be provided to the person being discharged at the time of discharge, and c. provision of the information in the discharge plan required by this subsection to the consumer in writing after such information has been fully explained to the person being discharged. The plan shall be signed by the person being discharged and by the person explaining the plan upon completion of a verbal explanation of such plan and shall be signed in the presence of a family member of the person being discharged, or other person interested in the welfare of the person being discharged. The original copy of the plan shall become a part of the official discharge papers of the consumer and shall be kept in the permanent files of the consumer. A copy of the signed discharge plan shall be furnished the person being discharged. C. The person designated by the Department may provide a family member of the person being discharged, or other person interested in the welfare of the person being discharged, with information related to the discharge plan as necessary, appropriate and in compliance with confidentiality requirements to enable said family member or other person to assist with the implementation of and compliance with the treatment plan. D. If a determination is made that an order for alternative treatment is necessary, the executive director or person in charge of the facility in which the person is receiving inpatient treatment shall: 1. File or request the filing of a petition as provided by Section 5-410 or 9-102 of this title requesting the order; or 2. Request the court to modify an existing order for involuntary commitment as provided by Section 5-419 of this title. Added by Laws 1985, c. 235, § 3, eff. Nov. 1, 1985. Amended by Laws 1986, c. 35, § 1, eff. Nov. 1, 1986. Renumbered from § 54.12 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1988, c. 260, § 14, eff. Nov. 1, 1988; Laws 1989, c. 368, § 2, eff. Nov. 1, 1989; Laws 1990, c. 51, § 104, emerg. eff. April 9, 1990; Laws 1994, c. 327, § 1, eff. Sept. 1, 1994; Laws 2002, c. 488, § 46, eff. Nov. 1, 2002; Laws 2003, c. 46, § 40, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 56, emerg. eff. May 9, 2005. NOTE: Laws 1986, c. 103, § 84 repealed by Laws 1988, c. 260, § 18, eff. Nov. 1, 1988. Laws 1989, c. 329, § 3 repealed by Laws 1990, c. 51, § 147, emerg. eff. April 9, 1990. §43A-7-103. Clothing and expenses upon release. No consumer shall be discharged or granted convalescent leave status from a state hospital without suitable clothing adapted to the season in which the consumer is discharged or granted convalescent leave status; and if it cannot be otherwise obtained, the business manager of the facility shall, upon the order of the executive director, furnish the same, and reasonable transportation costs and money not to exceed Twenty-five Dollars ($25.00), to defray the expenses of the consumer until the consumer can reach relatives or friends, or find employment to earn a subsistence. Added by Laws 1953, p. 170, § 82, emerg. eff. June 3, 1953. Renumbered from § 82 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1986, c. 277, § 17, emerg. eff. June 24, 1986; Laws 2005, c. 150, § 57, emerg. eff. May 9, 2005. §43A-7-104. Placement of homeless consumers. A. In the case of a consumer who has substantially impaired ability to provide adequate self care or custody and who has no home or relatives or friends able and willing to care for the consumer, the executive director prior to discharge from the facility shall make a reasonable effort to arrange an appropriate placement and necessary services for the consumer. B. When necessary, the executive director shall refer to other public or voluntary agencies for assistance; provided, nothing in this section or Section 7-102 of this title shall be construed as restricting the right of an adult consumer, when such consumer has not been found by a court to be incompetent, to determine the placement or residence of such consumer upon discharge from a facility. Added by Laws 1977, c. 145, § 7, emerg. eff. June 3, 1977. Renumbered from § 73.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1994, c. 327, § 2, eff. Sept. 1, 1994; Laws 2005, c. 150, § 58, emerg. eff. May 9, 2005. §43A-7-105. Delivery of personal funds at time of discharge. It shall be the duty of the executive director of such facility to deliver all personal funds in the possession of the executive director for the benefit of a consumer to such consumer at the time the consumer is discharged. Added by Laws 1957, p. 421, § 3, emerg. eff. May 31, 1957. Renumbered from § 173 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 59, emerg. eff. May 9, 2005. §43A-7-106. Return of property upon death or discharge. When any consumer in any state facility subject to the jurisdiction of the Department of Mental Health and Substance Abuse Services dies or leaves such facility, all property, including money, belonging to said consumer shall be immediately delivered: 1. To the consumer, if leaving; or 2. To the guardian or next of kin of the consumer, if the consumer has died. If the consumer has died and no person is available for such delivery, the facility shall notify the guardian or next of kin of such death and the description of the property on hand by certified mail at the last-known address of such guardian or next of kin. If the property is not claimed within one (1) year from the date of such notice, then the property shall become the property of the state, and all monies shall be credited to the revolving fund of the facility. Added by Laws 1961, p. 285, § 2, emerg. eff. July 14, 1961. Renumbered from § 175 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 105, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 60, emerg. eff. May 9, 2005. §43A-7-107. Escape or leave without permission - Notice - Discharge or convalescent leave - Apprehension. A. When a facility within the Department of Mental Health and Substance Abuse Services has a consumer leave without permission, or escape, the executive director of the facility shall notify a relative of the consumer, or, in the event the consumer has been admitted in accordance with a court order, the judge of the court ordering the consumer to the hospital. B. Should a consumer, other than one admitted in accordance with a court order, absent from the hospital without permission, not cause trouble in the community to which he goes, the consumer may be discharged or given convalescent leave at the discretion of the executive director of the hospital. C. Any other consumer, escaped or absent without permission, who has to be returned to the hospital shall be returned by the relatives or friends or, in the event of their failure to return the escaped individual, it shall be the responsibility and duty of officers of the county wherein the individual is present to apprehend the individual and return the consumer to the appropriate facility. It shall be the duty of any municipal law enforcement officer to directly return such consumer if the facility is located within the boundaries of the governmental entity employing the officer. D. The governmental entity employing the law enforcement officers shall reimburse the officers for necessary travel expense as provided by law. Added by Laws 1953, p. 170, § 78, emerg. eff. June 3, 1953. Amended by Laws 1976, c. 72, § 1, emerg. eff. April 27, 1976; Laws 1986, c. 103, § 85, eff. Nov. 1, 1986. Renumbered from § 78 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 61, emerg. eff. May 9, 2005. §43A-7-108. Removal or enticement, assistance or encouragement to escape. Any person who takes a consumer who has been lawfully admitted from any facility within the Department of Mental Health and Substance Abuse Services without the consent of the executive director, or who entices, assists or encourages any such consumer to escape therefrom shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in jail not to exceed one (1) year, or both. Added by Laws 1953, p. 174, § 133, emerg. eff. June 3, 1953. Renumbered from § 133 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 62, emerg. eff. May 9, 2005. §43A-7-109. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. §43A-7-110. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. §43A-7-111. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. §43A-7-112. Judicial proceeding for declaration of restoration to soundness of mind - Procedure. A. When any person shall have been adjudged legally mentally incompetent, a petition may be presented to the court or the judge thereof which made such adjudication or to the court or the judge of the county where the person resides, for a finding and order declaring the person restored to soundness of mind. 1. If an order is entered restoring the person to soundness of mind, such order shall be forwarded to the court which made the order adjudging said incompetency, and shall be placed in the original file of the matter. The order shall not affect any guardianship proceedings pending so as to prevent the payment of any lawful claims against such guardianship estate. 2. If a person has been adjudged to be legally mentally incompetent in another state, the petition may be presented to the district court or the judge thereof where the consumer resides or where the facility in which the consumer is confined is located. The petition may be presented by the person who has been declared to be incompetent, or by the father, mother, husband, wife, brother, sister, child, or next of kin of the person, or by the executive director of the facility in which the consumer is held, provided, the executive director is of the opinion that the consumer has recovered. 3. a. If the executive director of the facility where a person is confined files a petition, in addition to requesting an adjudication as to the person’s competency, the executive director may request the appointment of a temporary guardian to whom the mentally incompetent person may be released pending the hearing on the petition. b. If a request is made, the executive director must attach a verified affidavit to the petition stating that the consumer no longer needs care and treatment and confinement is not necessary for the safety of the consumer and the safety of others. B. The district attorney of the county in which the petition is filed shall represent the executive director of the facility in which the consumer is kept and shall prepare the necessary pleadings for the executive director. C. Upon presentation of the petition to the court or the judge, the court or the judge shall set a time for hearing, and in case the application is made by the person adjudged mentally incompetent, shall issue notice of the hearing to be given to the person who applied for such adjudication, if the person be found in the county, and may cause such further notice to be given as to the court or the judge seems proper. D. If, upon the hearing of the petition the court or the judge from the testimony given, shall find such person restored to soundness of mind, an order shall be entered declaring the person mentally competent. The testimony of at least two qualified examiners establishing the sanity of such person, shall be required before the finding of the court or the judge and entering the order. E. The provisions of this section must also be followed when determining the competency of a person who has legally been determined to be mentally incompetent although the person is not institutionalized. Added by Laws 1953, p. 168, § 75, emerg. eff. June 3, 1953. Amended by Laws 1965, c. 343, § 1, emerg. eff. June 28, 1965. Renumbered from § 75 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 63, emerg. eff. May 9, 2005. §43A-7-113. Guardianship of person and estate without hospitalization - Ajudication - Bond of guardian. If after full examination and hearing the court shall determine that a person is mentally incompetent, but that it is not necessary to hospitalize him for treatment or for his own welfare, the welfare of others or of the community, the judge of the district court must issue an order adjudging the person to be mentally incompetent and must appoint a guardian of his person and estate with the powers and duties that are prescribed for the guardian of a minor. Every such guardian has the care and custody of his ward, and the management of all his estate, until such guardian is legally discharged. The guardian shall give bond to the State of Oklahoma, in like manner and with like conditions, as before prescribed with respect to the guardian of a minor, provided that upon a finding by the district court that: 1. The anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward is less than Forty Thousand Dollars ($40,000.00); and 2. The guardian of the ward is either a parent or a child of the ward, the court may order that a bond is not necessary. In all other cases, except as provided in subsection A of Section 776 of this title, a bond shall be required. Added by Laws 1953, p. 167, § 65, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 89, eff. Nov. 1, 1986. Renumbered from § 65 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 164, § 1, operative July 1, 1987. §43A-8-101. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-102. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 2005. §43A-8-103. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-104. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-105. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-106. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-107. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-108. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. §43A-8-201. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. §43A-8-202. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. §43A-8-203. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. §43A-8-204. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. §43A-9-101. Voluntary treatment - Application - Admission - Discharge. A. 1. An alcohol- or drug-dependent person or his or her court appointed guardian may apply for voluntary treatment directly to an approved treatment facility. 2. A minor may apply for voluntary treatment pursuant to the provisions of Section 2602 of Title 63 of the Oklahoma Statutes. 3. A parent of a minor may consent to the voluntary admission and treatment of the minor directly to an approved treatment facility for substance abuse treatment. B. 1. Subject to rules adopted by the Board of Mental Health and Substance Abuse Services, the administrator in charge of an approved treatment facility may determine who shall be admitted for treatment. 2. When a person is refused admission to an approved treatment facility, the administrator, subject to rules adopted by the Board, shall refer the person to another approved treatment facility for treatment if possible and appropriate. C. 1. When a consumer receiving inpatient care leaves an approved treatment facility, the consumer shall be encouraged to consent to appropriate outpatient or intermediate treatment. 2. If it appears to the administrator in charge of the approved treatment facility that the consumer is an alcohol- or drug- dependent person who requires help, the facility shall arrange for assistance in obtaining supportive services and residential facilities if possible and appropriate. D. If the consumer is a minor or an incompetent person, the request for discharge from an inpatient or residential facility shall be made by a parent, spouse, or legal guardian, or by the minor if the minor was voluntarily admitted. Added by Laws 1978, c. 64, § 9. Amended by Laws 1983, c. 134, § 19, eff. July 1, 1983; Laws 1986, c. 103, § 93, eff. Nov. 1, 1986. Renumbered from § 2126 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 47, eff. Nov. 1, 2002; Laws 2005, c. 150, § 69, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 28, eff. Nov. 1, 2005; Laws 2007, c. 130, § 16, eff. Nov. 1, 2007. §43A-9-102. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. §43A-9-103. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. §43A-9-104. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. §43A-10-101. Short title. Sections 10-101 through 10-110 of this title may be cited as the "Protective Services for Vulnerable Adults Act". Added by Laws 1977, c. 264, § 1, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 1, eff. Nov. 1, 1984; Laws 1986, c. 103, § 97, eff. Nov. 1, 1986. Renumbered from § 801 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 4, eff. Nov. 1, 1997. §43A-10-102. Purpose. A. The Legislature recognizes that many citizens of this state, because of the infirmities of aging, incapacity, or other disability are unable to manage their own affairs or to protect themselves from exploitation, abuse, or neglect and are in need of protective services. B. Services provided pursuant to the provisions of the Protective Services for Vulnerable Adults Act shall guarantee, to the maximum degree of feasibility, the individual the same rights as other citizens, and at the same time protect the individual from exploitation, abuse, or neglect. C. The Protective Services for Vulnerable Adults Act is designed to establish a program of protective services for vulnerable adults in need of those services. Added by Laws 1977, c. 264, § 2, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 2, eff. Nov. 1, 1984. Renumbered from § 802 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 5, eff. Nov. 1, 1997; Laws 2003, c. 332, § 1, emerg. eff. May 29, 2003. §43A-10-103. Definitions. A. When used in the Protective Services for Vulnerable Adults Act: 1. “Protective services” means services which are necessary to aid a vulnerable adult in meeting the essential requirements for mental or physical health and safety that the vulnerable adult is unable to provide or obtain without assistance. The term “protective services” includes but is not limited to services provided to or obtained for such person in order to prevent or remedy the abuse, neglect, or exploitation of such person; 2. “Services which are necessary to aid an individual to meet essential requirements for mental or physical health and safety” include, but shall not be limited to: a. the identification of vulnerable adults in need of the services, b. the provision of medical care for physical and mental health needs, c. the provision of social services assistance in personal hygiene, food, clothing, and adequately heated and ventilated shelter, d. protection from health and safety hazards, e. protection from physical mistreatment, f. guardianship referral, g. outreach programs, and h. the transportation necessary to secure any of such services. The term shall not include taking the person into physical custody without the consent of the person except as provided for in Sections 10-107 and 10-108 of this title, and the evaluation, monitoring, and provision of protective placements; 3. “Meet essential requirements for mental or physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which physical injury or illness to the vulnerable adult is likely to occur; 4. “Incapacitated person” means: a. any person eighteen (18) years of age or older: (1) who is impaired by reason of mental or physical illness or disability, dementia or related disease, developmental or intellectual disability or other cause, and (2) whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that such person lacks the capacity to manage his or her financial resources or to meet essential requirements for his or her mental or physical health or safety without assistance from others, or b. a person for whom a guardian, limited guardian, or conservator has been appointed pursuant to the Oklahoma Guardianship and Conservatorship Act; 5. “Vulnerable adult” means an individual who is an incapacitated person or who, because of physical or mental disability, including persons with Alzheimer’s disease or other dementias, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse, verbal abuse, neglect, or exploitation without assistance from others; 6. “Caretaker” means a person who has: a. the responsibility for the care of a vulnerable adult or the financial management of the resources of a vulnerable adult as a result of a family relationship, b. assumed the responsibility for the care of a vulnerable adult voluntarily, by contract, or as a result of the ties of friendship, or c. been appointed a guardian, limited guardian, or conservator pursuant to the Oklahoma Guardianship and Conservatorship Act; 7. “Department” means, unless the context clearly indicates otherwise, the Department of Human Services; 8. “Abuse” means causing or permitting: a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, mental anguish or personal degradation, or b. the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult; 9. “Exploitation” or “exploit” means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense; 10. “Financial neglect” means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to: a. squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult, b. refusing to pay for necessities or utilities in a timely manner, or c. providing substandard care to a vulnerable adult despite the availability of adequate financial resources; 11. “Neglect” means: a. the failure to provide protection for a vulnerable adult who is unable to protect his or her own interest, b. the failure to provide a vulnerable adult with adequate shelter, nutrition, health care, or clothing, or c. negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services; 12. “Personal degradation” means a willful act by a caretaker intended to shame, degrade, humiliate or otherwise harm the personal dignity of a vulnerable adult, or where the caretaker knew or reasonably should have known the act would cause shame, degradation, humiliation or harm to the personal dignity of a reasonable person. Personal degradation includes the taking, transmitting, or display of an electronic image of a vulnerable adult by a caretaker, where the caretaker’s actions constitute a willful act intended to shame, degrade, humiliate or otherwise harm the personal dignity of the dependent adult, or where the caretaker knew or reasonably should have known the act would cause shame, degradation, humiliation or harm to the personal dignity of a reasonable person. Personal degradation does not include: a. the taking, transmission or display of an electronic image of a vulnerable adult for the purpose of reporting vulnerable adult abuse to law enforcement, the Department of Human Services or other regulatory agency that oversees caretakers or enforces abuse or neglect laws or rules, b. the taking, transmission or display of an electronic image of a vulnerable adult for the purpose of treatment or diagnosis, or c. the taking, transmission or display of an electronic image of a vulnerable adult as part of an ongoing investigation; 13. “Sexual abuse” means: a. oral, anal, or vaginal penetration of a vulnerable adult by or through the union with the sexual organ of a caretaker or other person providing services to the vulnerable adult, or the anal or vaginal penetration of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult with any other object, b. for the purpose of sexual gratification, the touching, feeling or observation of the body or private parts of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult, or c. indecent exposure by a caretaker or other person providing services to the vulnerable adult; 14. “Indecent exposure” means forcing or requiring a vulnerable adult to: a. look upon the body or private parts of another person or upon sexual acts performed in the presence of the vulnerable adult, or b. touch or feel the body or private parts of another; 15. “Self-neglect” means the action or inaction of a vulnerable adult which causes that person to fail to meet the essential requirements for physical or mental health and safety due to the vulnerable adult’s lack of awareness, incompetence or incapacity; 16. “Sexual exploitation” includes, but is not limited to, a caretaker’s causing, allowing, permitting or encouraging a vulnerable adult to engage in prostitution or in the lewd, obscene, or pornographic photographing, filming or depiction of the vulnerable adult as those acts are defined by state law; 17. “Verbal abuse” means the use of words, sounds, or other communication including, but not limited to, gestures, actions or behaviors, by a caretaker or other person providing services to a vulnerable adult that are likely to cause a reasonable person to experience humiliation, intimidation, fear, shame or degradation; and 18. “Appropriate state entity” means: a. the Office of Client Advocacy within the State Department of Health, if the allegation concerns a vulnerable adult who is: (1) a certified member of the plaintiff class in Homeward Bound, Inc., et al. v. The Hissom Memorial Center, et al., Case Number 85-C-437-E, United States District Court for the Northern District of Oklahoma, (2) a resident of the Robert M. Greer Center or successor facility, or (3) receiving services from a community services provider, community services worker, Medicaid personal care services provider, or Medicaid personal care assistant, as those terms are defined in Section 1025.1 of Title 56 of the Oklahoma Statutes, when such provider or worker is the alleged perpetrator, or b. the Department of Human Services, if the allegation concerns a vulnerable adult who does not meet the description of subparagraph a of this paragraph. B. Nothing in this section shall be construed to mean a vulnerable adult is abused or neglected for the sole reason the vulnerable adult, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the practices of a recognized religious method of healing, for the treatment or cure of disease or remedial care, or a caretaker or other person responsible, in good faith, is furnishing such vulnerable adult spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care in accordance with the practices of or express consent of the vulnerable adult. Added by Laws 1977, c. 264, § 3, emerg. eff. June 17, 1977. Amended by Laws 1980, c. 238, § 1, eff. Oct. 1, 1980; Laws 1984, c. 256, § 3, eff. Nov. 1, 1984. Renumbered from § 803 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1994, c. 244, § 1, eff. Sept. 1, 1994; Laws 1997, c. 195, § 6, eff. Nov. 1, 1997; Laws 1998, c. 298, § 3, eff. Nov. 1, 1998; Laws 2001, c. 393, § 1, emerg. eff. June 4, 2001; Laws 2003, c. 332, § 2, emerg. eff. May 29, 2003; Laws 2007, c. 68, § 2, eff. Nov. 1, 2007; Laws 2016, c. 39, § 1, eff. Nov. 1, 2016; Laws 2019, c. 350, § 1, eff. Nov. 1, 2019; Laws 2019, c. 475, § 30, eff. Nov. 1, 2019; Laws 2025, c. 215, § 4, emerg. eff. May 13, 2025. NOTE: Laws 1998, c. 219, § 2 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. §43A-10-104. See the following versions: OS 43A-10-104v1 (HB 1681, Laws 2003, c. 332, § 3) OS 43A-10-104v2 (SB 949, Laws 2025, c. 215, § 5) §43A-10-104v1. Persons required to report abuse - Contents of report - Penalty - Immunity - False reports - Reporting of suspicious deaths - Impairment of employment prohibited. A. 1. Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report to either the Department of Human Services, the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred or the local municipal police department or sheriff's department as soon as the person is aware of the situation. 2. a. If a report is made to the Department of Human Services, the county office, after investigating the report, shall forward its findings to the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred. b. The findings shall also be sent to any state agency with concurrent jurisdiction over persons or issues identified in the investigation, including, where appropriate, the State Department of Health, the Oklahoma Board of Nursing, or any other appropriate state licensure or certification board, agency, or registry. B. Persons required to make reports pursuant to this section shall include, but not be limited to: 1. Physicians; 2. Operators of emergency response vehicles and other medical professionals; 3. Social workers and mental health professionals; 4. Law enforcement officials; 5. Staff of domestic violence programs; and 6. Long-term care facility personnel. C. The report shall contain the name and address of the vulnerable adult, the name and address of the caretaker, if any, and a description of the current location and current condition of the vulnerable adult and of the situation which may constitute abuse, neglect or exploitation of the vulnerable adult. D. Any person who knowingly and willfully fails to promptly report any abuse, neglect, or exploitation as required by the provisions of subsections A and B of this section, upon conviction, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not exceeding one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. E. 1. Any person participating in good faith and exercising due care in the making of a report pursuant to the provisions of this section shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report. 2. The same immunity from any civil or criminal liability shall also be extended to previous employers of a person employed to be responsible for the care of a vulnerable adult, who in good faith report to new employers or prospective employers of such caretaker any misconduct of the caretaker including, but not limited to, abuse, neglect or exploitation of a vulnerable adult, whether confirmed or not. F. Any person who willfully or recklessly makes a false report shall be civilly liable for any actual damages suffered by the person being reported and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury. G. Any state or county medical examiner or physician who has reasonable cause to suspect that the death of any vulnerable adult may be the result of abuse or neglect as defined by Section 10-103 of this title shall make a report to the district attorney of the county in which the death occurred. The report shall include the name of the person making the report, the name of the deceased person, the facts or other evidence supporting such suspicion, and any other information that may be of assistance to the district attorney in conducting an investigation into the matter. H. No employer shall terminate the employment, prevent or impair the practice or occupation of or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the Protective Services for Vulnerable Adults Act. A court, in addition to other damages and remedies, may assess reasonable attorney fees against an employer who has been found to have violated the provisions of this subsection. Added by Laws 1977, c. 264, § 4, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 140, § 1, eff. Nov. 1, 1984; Laws 1984, c. 256, § 4, eff. Nov. 1, 1984. Renumbered from § 804 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 1, eff. July 1, 1993; Laws 1997, c. 195, § 7, eff. Nov. 1, 1997; Laws 1998, c. 298, § 4, eff. Nov. 1, 1998; Laws 2000, c. 340, § 24, eff. July 1, 2000; Laws 2003, c. 332, § 3, emerg. eff. May 29, 2003. §43A-10-104v2. Persons required to report abuse, neglect, or exploitation - Penalty - Immunity - Civil liability for false reports - Disclosure of health information - Reporting of suspicious deaths - Impairment of employment prohibited. A. Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report as soon as the person is aware of the situation to: 1. The Department of Human Services; 2. The Office of Client Advocacy within the State Department of Health; or 3. The municipal police department or sheriff’s office in the county in which the suspected abuse, neglect, or exploitation occurred. B. Persons required to make reports pursuant to this section shall include, but not be limited to: 1. Physicians; 2. Operators of emergency response vehicles and other medical professionals; 3. Social workers and mental health professionals; 4. Law enforcement officials; 5. Staff of domestic violence programs; 6. Long-term care facility personnel, including staff of nursing facilities, intermediate care facilities for individuals with intellectual disabilities (ICFs/IID), assisted living facilities, and residential care facilities; 7. Other health care professionals; 8. Persons entering into transactions with a caretaker or other person who has assumed the role of financial management for a vulnerable adult; 9. Staff of residential care facilities, group homes, or employment settings for individuals with intellectual disabilities; 10. Job coaches, community service workers, and personal care assistants; and 11. Municipal employees. C. 1. If the report is not made in writing in the first instance, as soon as possible after it is initially made by telephone or otherwise, the report shall be reduced to writing by the Department of Human Services in accordance with rules promulgated by the Director of Human Services, by the Office of Client Advocacy in accordance with rules promulgated by the State Commissioner of Health, or by the local municipal police or sheriff’s department, whichever entity received the initial report. The report shall contain the following information: a. the name and address of the vulnerable adult, b. the name and address of the caretaker, guardian, or person having power of attorney over the vulnerable adult’s resources if any, c. a description of the current location of the vulnerable adult, d. a description of the current condition of the vulnerable adult, and e. a description of the situation which may constitute abuse, neglect or exploitation of the vulnerable adult. 2. If federal law specifically prohibits the disclosure of any of the information required by this subsection, that information may be excluded from the report. D. 1. If the initial report is made to the local municipal police department or sheriff’s office, such police department or sheriff’s office shall notify, as soon as possible, the Department of Human Services and the Office of Client Advocacy of its investigation. 2. If, at any point after the initial report, the Department of Human Services or the Office of Client Advocacy discovers that it is not the appropriate state entity for the investigation as defined in Section 10-103 of this title, it shall refer the matter to and share the initial report with the appropriate state entity. E. Any person who knowingly and willfully fails to promptly report any abuse, neglect, or exploitation as required by the provisions of subsection A of this section, upon conviction, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not exceeding one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. F. 1. Any person participating in good faith and exercising due care in the making of a report pursuant to the provisions of this section shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report. 2. The same immunity from any civil or criminal liability shall also be extended to previous employers of a person employed to be responsible for the care of a vulnerable adult, who in good faith report to new employers or prospective employers of such caretaker any misconduct of the caretaker including, but not limited to, abuse, neglect or exploitation of a vulnerable adult, whether confirmed or not. G. Any person who willfully or recklessly makes a false report shall be civilly liable for any actual damages suffered by the person being reported and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury. H. 1. Every physician or other health care professional making a report concerning the abuse, neglect or exploitation of a vulnerable adult, as required by this section, or examining a vulnerable adult to determine the likelihood of abuse, neglect or exploitation, and every hospital in which a vulnerable adult is examined or treated for abuse, neglect or exploitation shall disclose necessary health information related to the case and provide, upon request by either the Department of Human Services, the Office of Client Advocacy, or the local municipal police or sheriff’s department receiving the initial report, copies of the results or the records of the examination on which the report was based, and any other clinical notes, x-rays or photographs and other health information which is related to the case if: a. the vulnerable adult agrees to the disclosure of the health information, or b. the individual is unable to agree to the disclosure of health information because of incapacity, and (1) the requesting party represents that the health information for which disclosure is sought is not intended to be used against the vulnerable adult in a criminal prosecution but to provide protective services pursuant to the Protective Services for Vulnerable Adults Act, (2) the disclosure of the information is necessary to conduct an investigation into the alleged abuse, neglect or exploitation of the vulnerable adult subject to the investigation, and (3) immediate enforcement activity that depends upon the disclosure: (a) is necessary to protect the health, safety and welfare of the vulnerable adult because of incapacity, or (b) would be materially and adversely affected by waiting until the vulnerable adult is able to agree to the disclosure. 2. If federal law specifically prohibits the disclosure of any of the information required by this subsection, that information may be excluded from the disclosed health information. I. After investigating the report, either the county office of the appropriate state entity or the municipal police department or sheriff’s office, as appropriate, shall forward its findings to the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred. Unsubstantiated findings shall be labeled as such before transmission to the office of the district attorney. Findings of self-neglect shall not be forwarded to the office of the district attorney unless similar findings were reported within six (6) months prior. J. Any state or county medical examiner or physician who has reasonable cause to suspect that the death of any vulnerable adult may be the result of abuse or neglect as defined by Section 10-103 of this title shall make a report to the district attorney or other law enforcement official of the county in which the death occurred. The report shall include the name of the person making the report, the name of the deceased person, the facts or other evidence supporting such suspicion, and any other health information that may be of assistance to the district attorney in conducting an investigation into the matter. K. No employer shall terminate the employment, prevent or impair the practice or occupation of or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the Protective Services for Vulnerable Adults Act. A court, in addition to other damages and remedies, may assess reasonable attorney fees against an employer who has been found to have violated the provisions of this subsection. Added by Laws 1977, c. 264, § 4, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 140, § 1, eff. Nov. 1, 1984; Laws 1984, c. 256, § 4, eff. Nov. 1, 1984. Renumbered from § 804 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 1, eff. July 1, 1993; Laws 1997, c. 195, § 7, eff. Nov. 1, 1997; Laws 1998, c. 298, § 4, eff. Nov. 1, 1998; Laws 2000, c. 340, § 24, eff. July 1, 2000; Laws 2003, c. 399, § 1, emerg. eff. June 5, 2003; Laws 2007, c. 68, § 3, eff. Nov. 1, 2007; Laws 2010, c. 417, § 3, eff. Nov. 1, 2010; Laws 2016, c. 318, § 1, eff. Nov. 1, 2016; Laws 2019, c. 475, § 31, eff. Nov. 1, 2019; Laws 2025, c. 215, § 5, emerg. eff. May 13, 2025. §43A-10-105. Investigation of report. A. Upon receiving a report of alleged abuse, neglect, or exploitation of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act, the appropriate state entity shall make a prompt and thorough investigation. When feasible, law enforcement and the appropriate state entity shall conduct joint investigations in order to reduce potential trauma to the victim and to eliminate duplicative efforts. B. The investigation shall include: 1. Notification of local law enforcement agency. Upon the request of a law enforcement agency, the appropriate state entity shall submit copies of any results or records of an examination on the vulnerable adult who is alleged to have been abused, neglected, or exploited and any other clinical notes, x-rays, photographs, or previous or current records relevant to the case; 2. Any findings of abuse, neglect, or exploitation of a vulnerable adult shall also be sent to any state agency with concurrent jurisdiction over persons or issues identified in the investigation including, but not limited to, where appropriate, the State Department of Health, the Oklahoma Board of Nursing, or any other appropriate state licensure or certification board, agency, or registry; 3. Every reasonable effort to locate and notify the caretaker, legal guardian and next of kin of the vulnerable adult who may be in need of protective services pursuant to Section 10-105.1 of this title; 4. Diagnostic evaluation to determine whether the person needs protective services; 5. Any photographs necessary to document injuries or conditions which have resulted or may result in an injury or serious harm to the person; 6. A statement of the least restrictive services needed; 7. Whether services are available from the Department of Human Services or in the community and how the services can be provided; 8. Whether the person would be capable of obtaining services for self and could bear the cost or would be eligible for services from the Department of Human Services; 9. Whether a caretaker or legal guardian would be willing to provide services or would agree to their provision; 10. Whether the person desires the services; 11. A statement of any follow-up investigation or monitoring of the services that may be needed; and 12. Other relevant information. C. 1. a. Investigations conducted pursuant to this section shall include a visit to the home or other place of residence of the person who is the subject of the report, a private interview with such person and any other potential victims, and consultation with persons who have knowledge of or may be witnesses to the circumstances. b. Investigators shall be suitably trained in interview techniques and shall utilize such techniques in interviews with elderly and incapacitated adults and individuals with intellectual disabilities. Interviews shall be conducted at the appropriate developmental age level of the victim. A reasonable effort shall be made to conduct interviews of vulnerable adult victims with an intellectual disability or diminished capacity utilizing appropriate personnel and following protocols and procedures established for interviews with such persons, including the use of forensic interview techniques when appropriate. c. If, in the course of an investigation of this nature, the appropriate state entity is denied entrance to the home or other place of residence of a person believed to be a vulnerable adult in need of protective services, or is denied a private interview with the vulnerable adult, the appropriate state entity may petition the court for an order allowing entry to the premises or private access to the vulnerable adult. The court shall make a finding of probable cause of the vulnerability of the adult before issuing the order. If documentation, or access to records, or other information relating to such person as provided by this section is denied, the appropriate state entity may petition the court for an order allowing entry or access. 2. The petition shall state the name and address of the person who is the subject of the report and shall allege specific facts sufficient to show that the circumstances of the person are in need of investigation. 3. If it is necessary to forcibly enter the premises, the representative of the appropriate state entity shall make the entry accompanied by a peace officer. 4. The appropriate state entity shall make all reasonable attempts to interview the caretaker or other persons alleged to be involved in the abuse, neglect or exploitation in order to enhance service provision and to prevent additional incidents of abuse, neglect or exploitation. D. When a report is received pertaining to a vulnerable adult who has a legal guardian, a copy of the investigative report of the appropriate state entity shall be filed with the court to which the guardian is accountable. E. 1. In the case of a final investigative report pertaining to a vulnerable adult who is a resident of a nursing facility, residential care facility, assisted living facility or continuum of care facility and who is alleged to be a victim of abuse, verbal abuse, neglect, or exploitation by an employee of such facility, the appropriate state entity, if other than the Office of Client Advocacy, shall forward to the State Department of Health a copy of the final investigative report. 2. The appropriate state entity shall be deemed a party pursuant to the Administrative Procedures Act for the investigative reports filed by such entity with the State Department of Health regarding vulnerable adults who are residents of nursing facilities, residential care facilities, assisted living facilities or continuum of care facilities. a. Within thirty (30) days of receipt of the final investigative report submitted by the appropriate state entity pursuant to this section, the State Department of Health shall provide the appropriate state entity with a written summary of any action taken as a result of the complaint including, but not limited to, results of any inspections, enforcement actions or actions which may be taken by the State Department of Health. b. Whenever the appropriate state entity believes that the conditions giving rise to a complaint by such entity alleging a serious threat to the health, safety or welfare of a resident of a nursing facility, residential care facility, assisted living facility or continuum of care facility have not been adequately addressed, such entity may request the State Department of Health to hold a hearing on the complaint as provided by Section 309 of Title 75 of the Oklahoma Statutes. 3. Nothing herein shall prevent the State Department of Health from conducting any type of investigation or taking any appropriate remedial or other action pursuant to the provisions of the Nursing Home Care Act, the Residential Care Act and the Continuum of Care and Assisted Living Act. F. When a report is received pertaining to a vulnerable adult residing in a facility other than the home of the vulnerable adult, where persons are employed to provide care and those employees have been named as persons responsible for the abuse, neglect or exploitation, the appropriate state entity shall forward its final findings, including, but not limited to, any administrative appeal findings to the owner or administrator of the facility to prevent further incidents. G. The Office of Client Advocacy shall establish a system for investigating allegations of misconduct by a person responsible for a vulnerable adult not rising to the level of abuse, neglect, or exploitation in cases where the Office is the appropriate state entity as defined in Section 10-103 of this title. Added by Laws 1977, c. 264, § 5, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 5, eff. Nov. 1, 1984; Laws 1986, c. 103, § 98, eff. Nov. 1, 1986. Renumbered from § 805 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 227, § 3; Laws 1993, c. 159, § 2, eff. July 1, 1993; Laws 1994, c. 244, § 2, eff. Sept. 1, 1994; Laws 1997, c. 195, § 8, eff. Nov. 1,1997; Laws 1999, c. 78, § 1, emerg. eff. April 13, 1999; Laws 2000, c. 340, § 8, eff. July 1, 2000; Laws 2003, c. 399, § 2, emerg. eff. June 5, 2003; Laws 2004, c. 5, § 27, emerg. eff. March 1, 2004; Laws 2018, c. 308, § 1, eff. Nov. 1, 2018; Laws 2025, c. 215, § 6, emerg. eff. May 13, 2025. NOTE: Laws 2003, c. 332, § 4 repealed by Laws 2004, c. 5, § 28, emerg. eff. March 1, 2004. §43A-10-105.1. Notice of investigation - Consent of vulnerable adult - Summary and written description - Explanation of procedures. A. As soon as possible after initiating an investigation of a referral regarding a vulnerable adult, the appropriate state entity shall provide to the caretaker of the alleged victim, the legal guardian, and next of kin of the vulnerable adult notification including a brief oral summary and easily understood written description of the investigation process, whether or not the caretaker, guardian or next of kin is alleged to be the perpetrator of the abuse, neglect or exploitation of the vulnerable adult. B. If the vulnerable adult retains capacity to consent to voluntary services, and does not wish for a caretaker or next of kin to receive notification of the investigation, the appropriate state entity shall abide by wishes of the vulnerable adult. C. The notification specified by subsection A of this section shall include: 1. A statement that the investigation is being undertaken by the appropriate state entity pursuant to the requirements of the Protective Services for Vulnerable Adults Act in response to a report of abuse, neglect or exploitation and shall include the name and office telephone number of the appropriate state entity’s representative with primary responsibility for the investigation; 2. A statement that the identity of the person who reported the incident of abuse is confidential and may not even be known to the Department since the report could have been made anonymously; 3. A statement that the investigation is required by law to be conducted in order to enable the appropriate state entity to identify incidents of abuse, neglect or exploitation in order to provide protective or preventive social services to vulnerable adults who are in need of such services; 4. An explanation of the procedures of the appropriate state entity for conducting an investigation of alleged abuse, neglect or exploitation, including: a. a statement that the alleged victim of abuse, neglect or exploitation is the appropriate state entity’s primary client in such an investigation, b. a statement that findings of all investigations are provided to the office of the district attorney, and c. a statement that law enforcement may conduct a separate investigation to determine whether a criminal violation occurred; 5. An explanation of services which may be provided as a result of the appropriate state entity’s investigation, including: a. a statement that the caretaker, legal guardian and next of kin will be involved in the process of developing a plan of services for the vulnerable adult insofar as that involvement is consistent with the best interests of the vulnerable adult, b. a statement that voluntary services may be provided or arranged for based on the adult client’s needs, desires and acceptance, and c. a statement that involuntary services may be provided through the judicial system when immediate services are needed to preserve the life of the vulnerable adult and physical health or preserve the resources of the vulnerable adult which may later be needed to provide care for the vulnerable adult; 6. A statement that, upon completion of the investigation, the identified caretaker, legal guardian and next of kin will receive a letter from the appropriate state entity which will inform such caretaker, legal guardian and next of kin: a. that the Department has found insufficient evidence of abuse, neglect or exploitation, b. that there appears to be probable cause to suspect the existence of abuse, neglect or exploitation in the judgment of the Department, and c. the recommendations of the appropriate state entity concerning the vulnerable adult; 7. The procedures concerning the process the caretaker, legal guardian and next of kin may use to acquire access to the vulnerable adult in the event the vulnerable adult is removed from the residence of the vulnerable adult and the circumstances under which access may be obtained; 8. The procedures to follow if there is a complaint regarding the actions of the appropriate state entity and the procedures to request a review of the findings made by the appropriate state entity during or at the conclusion of the investigation; 9. Information specifying that if the caretaker, legal guardian and next of kin of the vulnerable adult have any questions as to their legal rights, that such persons have a right to seek legal counsel; 10. References to the statutory and regulatory provisions governing abuse, neglect or exploitation and how the caretaker, legal guardian and next of kin may obtain copies of those provisions; and 11. An explanation that the caretaker, legal guardian and next of kin may review specific information gathered during the investigation and pertaining to the service needs of the vulnerable adult subject to the requirements and exceptions provided in Section 10-110 of this title. Added by Laws 1999, c. 78, § 2, emerg. eff. April 13, 1999. Amended by Laws 2003, c. 332, § 5, emerg. eff. May 29, 2003; Laws 2025, c. 215, § 7, emerg. eff. May 13, 2025. §43A-10-106. Voluntary protective services. A. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult needs protective services, the Department of Human Services shall immediately provide or arrange for the provision of available protective services in the least restrictive manner, provided the person affirmatively consents to receive these services. B. 1. When a caretaker of a vulnerable adult who consents to the receipt of protective services refuses to allow the provision of such services to the person, the Department may petition to the court for a decree enjoining the caretaker from interfering with the provision of protective services to the person. 2. The complaint must allege specific facts sufficient to show that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services. 3. If the court finds that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services, the court may enter a decree: a. enjoining the caretaker from interfering with the provision of protective services to the vulnerable adult, and b. freezing the assets of the vulnerable adult if it has been determined by preponderance of the evidence that the vulnerable adult is being exploited and it is necessary to protect such assets. C. If a vulnerable adult does not consent to the receipt of protective services or withdraws consent to the receipt of such services, the services shall be terminated, unless the Department determines that the person lacks capacity to consent, in which case the Department may seek court authorization to provide services pursuant to Section 10-108 of this title. D. 1. Payment for the costs of providing protective services shall be made from either: a. the assets of the vulnerable adult consenting to the receipt of voluntary protective services, or b. any available private or public assistance programs for which the vulnerable adult is eligible. 2. If no assets or other private or public funds are available to the person, payment shall be made from a fund established by the Department for the purpose of providing emergency adult protective services, subject to availability of funds. Added by Laws 1977, c. 264, § 6, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 6, eff. Nov. 1, 1984; Laws 1986, c. 103, § 99, eff. Nov. 1, 1986. Renumbered from § 806 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 3, eff. July 1, 1993; Laws 1997, c. 195, § 9, eff. Nov. 1, 1997; Laws 2003, c. 332, § 6, emerg. eff. May 29, 2003; Laws 2025, c. 215, § 8, emerg. eff. May 13, 2025. §43A-10-107. Involuntary protective services. A. If a vulnerable adult lacks the capacity to consent to receive protective services recommended by the Department of Human Services, these services may be ordered by a court on an involuntary basis through an emergency order. B. 1. In ordering emergency involuntary protective services for a vulnerable adult, the court shall authorize only that intervention which it finds to be least restrictive of the liberty and rights of such person, while consistent with the welfare and safety of the person. The basis for such finding shall be stated in the record by the court. 2. Whenever it is consistent with the welfare and safety of the person, the court shall authorize that involuntary protective services be administered to the vulnerable adult in the present living accommodations of that person. C. 1. Payment for involuntary protective services provided to a vulnerable adult determined by the court to be in need of involuntary protective services pursuant to this section or Section 10-108 of this title shall be made: a. from assets of the vulnerable adult receiving emergency involuntary protective services, if the court so orders after a showing by the Department that the person has adequate assets to make such payment, and that payment for the involuntary protective services will not cause the person to go without other necessities of life. Prior to any hearing on the assets or issuance of an order pursuant to this subparagraph, the legal guardian, caretaker and guardian ad litem of the vulnerable adult, any person so requested by the vulnerable adult and persons required to be notified pursuant to Section 3-110 of Title 30 of the Oklahoma Statutes shall be notified of such hearing and order, b. from any private or public assistance programs for which the person is eligible, or c. as provided by paragraph 2 of subsection D of Section 10-106 of this title if the person has inadequate assets to make such payments as ordered by the court, and no private or public funds are available to the person, from a fund established by the Department for the purpose of providing emergency adult protective services, subject to availability of funds. 2. The person has a right to be present and represented by counsel at any hearing. If the vulnerable adult is indigent or, in the determination of the court, lacks capacity to waive the right to counsel, the court shall appoint counsel. If the person is indigent, the cost of representation by counsel shall be borne by this state. D. Upon the request of an authorized representative of the Department, the district attorney of the county in which the person alleged or found by a court to be in need of involuntary protective services resides shall provide legal representation for the Department in any local proceedings related to the provision of involuntary protective services pursuant to this section or Section 10-108 of this title. Added by Laws 1977, c. 264, § 7, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 7, eff. Nov. 1, 1984; Laws 1986, c. 103, § 100, eff. Nov. 1, 1986. Renumbered from § 807 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 4, eff. July 1, 1993; Laws 1994, c. 244, § 3, eff. Sept. 1, 1994; Laws 1997, c. 195, § 10, eff. Nov. 1, 1997; Laws 1999, c. 78, § 3, emerg. eff. April 13, 1999; Laws 2003, c. 332, § 7, emerg. eff. May 29, 2003. §43A-10-108. Petition for involuntary protective services. A. 1. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult is suffering from abuse, neglect, self-neglect, or financial neglect or exploitation presenting a substantial risk of death or immediate and serious physical harm to the person or financial exploitation of the estate of the person, and the vulnerable adult lacks mental capacity to consent to receive protective services and no consent can be obtained, the Department of Human Services may petition the district court in the county specified by paragraph 3 of this subsection for an order: a. authorizing involuntary protective services and appointing a temporary guardian of the person and/or the estate, b. freezing the assets of the vulnerable adult, if the vulnerable adult is being exploited, establishing any new accounts necessary to pay the daily living expenses of the vulnerable adult, and directing a full accounting and investigation of the person alleged to be improperly managing the estate of the vulnerable adult, c. suspending or revoking the powers of an attorney-in- fact granted by a durable power of attorney, or revoking an irrevocable trust, or terminating a guardianship or conservatorship established pursuant to the Oklahoma Guardianship and Conservatorship Act, or d. directing any law enforcement agency to transport any incapacitated person or vulnerable adult as necessary for appropriate care, treatment and residential placement. If such transportation is ordered, reimbursement for expenses incurred from the transportation of a vulnerable adult under the Department’s temporary guardianship shall be paid as provided for in Section 10-107 of this title. 2. Under no circumstances shall the court authorize the Department, pursuant to this subsection, to consent or deny consent to a Do-Not-Resuscitate order or the withdrawal of hydration or nutrition or other life-sustaining treatment although the court retains jurisdiction to hear such matters under applicable law. 3. The district court which may be petitioned by the Department for an order pursuant to paragraph 1 of this subsection is: a. the district court in the county in which the vulnerable adult resides, b. the district court in the county in which the vulnerable adult is receiving inpatient services, or c. the district court in the county where the vulnerable adult is located when any delay caused by taking the petition to the district court in the county of the residence of the vulnerable adult would result in greater substantial risk of death or greater serious physical harm to the vulnerable adult. The petition shall include an explanation of why the petition was filed in the district court in the county specified by this subparagraph rather than in the district court as specified in subparagraph a or b of this paragraph. B. The petition shall be sworn to and include the name, age, and address of the vulnerable adult who the Department has determined is in need of emergency protective services, the nature of the abuse, neglect, or exploitation, the services needed, and information relating to the capacity of the person to consent to services and a description of the attempts of the Department to obtain consent and the name of the person or organization proposed to be appointed as temporary guardian. C. 1. The vulnerable adult shall receive an opportunity for a hearing upon the petition, and shall be personally served with a copy of the petition and a notice scheduling hearing at least forty- eight (48) hours prior to any such hearing if the petition seeks temporary guardianship of thirty (30) days or more. 2. a. The hearing shall be set by the court on an expedited basis, but no later than five (5) calendar days, not including weekends or holidays when the court is closed, from the date the notice scheduling hearing is signed by the judge. The vulnerable adult shall have a right to a closed hearing unless such vulnerable adult requests otherwise. b. Unless the vulnerable adult objects or the person requiring notification pursuant to this subparagraph is alleged to have abused, neglected or exploited the vulnerable adult, the following persons shall be notified of any hearing held pursuant to this subsection: (1) the legal guardian, guardian ad litem and caretaker of the vulnerable adult, (2) any person so requested by the vulnerable adult to be present at the hearing, and (3) persons required to be notified pursuant to Section 3-110 of Title 30 of the Oklahoma Statutes. D. 1. Upon sworn testimony of a representative of the Department, or statement of a district attorney representing the Department, that immediate and reasonably foreseeable death or serious physical harm to or financial exploitation of the vulnerable adult will result, the court may waive prior notice and issue a seventy-two-hour temporary guardianship and provide involuntary protective services whether or not during regular courthouse business hours. However, within twenty-four (24) hours of issuance of the seventy-two-hour order, the vulnerable adult and the attorney of the vulnerable adult, if known, shall be personally served with written notice scheduling a hearing within seventy-two (72) hours. 2. If a hearing on the seventy-two-hour order is declined, or upon conclusion of any such hearing, the court may terminate the temporary guardianship and involuntary services or enter a temporary guardianship for up to thirty (30) additional calendar days as provided for in subsection G of this section. E. 1. The vulnerable adult has a right to be present and represented by counsel at any hearing authorized by this section. If the vulnerable adult is indigent or, in the determination of the court, lacks capacity to waive the right to counsel, the court shall immediately appoint counsel who shall personally meet with the vulnerable adult and attempt to discuss the petition or any pending motion prior to any hearing. 2. If the vulnerable adult is not in attendance at a scheduled hearing, the court shall make a special finding as to why the vulnerable adult is unable to attend, and, upon the request of the vulnerable adult or the attorney of the vulnerable adult, may continue the hearing to allow the vulnerable adult to attend. 3. If the vulnerable adult is indigent, the cost of representation by counsel shall be borne by court funds. 4. If the vulnerable adult is not indigent, the court may order costs of representation paid from the estate in the same manner as currently paid under the Oklahoma Guardianship and Conservatorship Act. F. 1. After a hearing on the petition, the court may: a. appoint a temporary guardian and order involuntary protective services including, but not limited to, authorization for medical and/or psychological treatment and evaluations, and residential placement subject to the provisions of subsection G of this section, b. issue an order freezing all assets of the vulnerable adult, establish any new accounts necessary to pay the daily living expenses of the vulnerable adult, and order a full accounting and investigation of the person alleged to be improperly managing the vulnerable adult’s estate, c. suspend or revoke powers of attorney or terminate a guardianship or conservatorship upon a finding that the attorney-in-fact, guardian or conservator failed to act appropriately on behalf of the vulnerable adult, or d. order any law enforcement agency to transport any incapacitated person or vulnerable adult as necessary for appropriate care, treatment and residential placement. If such transportation is ordered, reimbursement for expenses incurred from the transportation of a vulnerable adult under the Department’s temporary guardianship shall be paid as provided for in Section 10-107 of this title. 2. a. Except as otherwise provided by subparagraphs b and c of this paragraph, the court appointing a temporary guardian and ordering involuntary protective services shall not have authority to order the sale of the real property of the vulnerable adult. b. If the Department of Human Services has been appointed temporary guardian and the court issues an order for the Department to continue as the temporary guardian of the vulnerable adult beyond the one hundred eighty (180) calendar days authorized by this section because there is no one willing and able to act as guardian for the vulnerable adult, the Department, as temporary guardian may, after one (1) year from its initial appointment, sell the real property of a vulnerable adult pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act. c. The Department, as temporary guardian of a vulnerable adult, may also sell the real property of the vulnerable adult pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act prior to the one-year requirement specified in subparagraph b of this paragraph, if not selling the real property would jeopardize the vulnerable adult’s eligibility for Medicaid. The fact that the vulnerable adult would be in jeopardy for receipt of Medicaid if the property was not sold shall be stated upon the court order directing the sale of the real property of the vulnerable adult. d. The court may issue an order authorizing the Department to sell personal property of a vulnerable adult when additional resources are required to pay for necessary care for the vulnerable adult pursuant to state law. G. Whenever the court issues an order for involuntary protective services, the court shall adhere to the following limitations: 1. Only such protective services as are necessary to remove the conditions creating the emergency shall be ordered, and the court shall specifically designate the approved services in the order of the court. When the conditions creating the emergency have been removed, the court shall dismiss the temporary guardianship ordered pursuant to this section; 2. The scope of service provided by the Department shall be limited to protective services or the establishment of eligibility for protective services for the person and estate. The Department shall request dismissal of the temporary guardianship ordered pursuant to this section when: a. an appropriate level of care for the vulnerable adult as determined by the Department has been established, b. assets have been secured, if applicable, and c. a representative payee or trustee has been set for financial management, if applicable; 3. Protective services authorized by an involuntary protective services order shall not include a change of residence unless the court specifically finds such action is necessary to remove the conditions creating the emergency and gives specific approval for such action in the order of the court. Emergency placement may be made to such facilities as nursing homes, hospital rehabilitation centers, assisted living centers, foster care and in-home placements, or to other appropriate facilities for emergency care or evaluation to determine the extent of a vulnerable adult’s physical, mental and functional limitations; provided, however, emergency placement shall not be made or construed as an alternative to emergency detention and protective custody as authorized under Section 5-206 et seq. of this title or made or construed as an alternative to involuntary commitment under Section 5-410 et seq. of this title when a vulnerable adult otherwise meets the criteria for involuntary commitment. Services to such vulnerable adults shall be provided in a manner that is appropriate for the adult’s age and condition and, except for facilities operated by the Department of Mental Health and Substance Abuse Services or community-based structured crisis centers under contract with the Department pursuant to Section 3-317 of this title, services provided to vulnerable adults pursuant to this section shall be provided in a setting that is segregated from any patients or residents of a facility who have been determined to be a danger to others; and 4. Involuntary protective services may be provided for a period not to exceed thirty (30) calendar days except as provided by subsections L and M of this section. H. The court shall appoint the Department or an interested person or organization as temporary guardian of the person with responsibility for the welfare of such person and authority to give consent on behalf of the person for the approved involuntary protective services until the expiration of the order. I. The issuance of an order for involuntary protective services and the appointment of a temporary guardian shall not deprive the vulnerable adult of any rights except to the extent validly provided for in the order or appointment. J. 1. To enforce an order for involuntary protective services, the court may authorize: a. forcible entry of the premises of the vulnerable adult to be protected for the purpose of rendering protective services but only after a reasonable showing to the court that good faith attempts to gain voluntary access to the premises have failed and forcible entry is necessary, b. the transporting of the vulnerable adult to another location for the provision of involuntary services, and c. the eviction of persons who are in a position to exploit the vulnerable adult from any property owned, leased, or rented by the vulnerable adult and restriction of those persons’ further access to any property of the vulnerable adult. 2. If forcible entry is authorized by the court, the order shall include a directive that the Department’s representative be accompanied by a police officer or deputy sheriff in the county where the vulnerable adult or property of the vulnerable adult is located, and the police officer or deputy sheriff shall make the forcible entry. K. The vulnerable adult, the temporary guardian, or any interested person may petition the court to have the order to provide involuntary protective services set aside or modified at any time. L. If the vulnerable adult continues to need involuntary protective services after expiration of the thirty-day temporary guardianship provided in subsection G of this section, the temporary guardian shall immediately file a verified motion requesting the court to, except as otherwise provided by subsection F of this section, continue the temporary guardianship and involuntary protective services under this section for a period not to exceed one hundred eighty (180) calendar days. M. 1. Service of the verified motion shall be made in conformity with subsection C of this section. 2. Upon filing such motion, the court shall order that a physical, mental, and social evaluation of the vulnerable adult be conducted by the Department and that a proposed plan of care be submitted to the court within thirty (30) calendar days thereafter reflecting the evaluation findings and recommended services. 3. Upon filing such motion, the prior temporary guardianship shall remain in full force and effect pending a review hearing after the thirty-day evaluation period. The caretaker, guardian or next- of-kin of the vulnerable adult may request that the evaluation period be shortened for good cause. 4. The evaluation shall include at least the following information: a. the address of the place where the person is residing and the person or agency which is providing care, treatment, or services at present, b. a summary of the professional treatment and services provided to the person by the Department or agency, if any, in connection with the problem creating the need for emergency protective services, and c. a medical and social evaluation including, but not limited to, the Department’s assessment of the person’s capacity to consent to services, a psychological or psychiatric evaluation and review if the mental state of the person is in question, and any recommendations for or against maintenance of partial legal rights. The evaluation and review shall include recommendations for placement based upon the best interests of the vulnerable adult taking into consideration the following: (1) the least restrictive environment, (2) the desires of the vulnerable adult and legal guardian, (3) the desires of the caretaker of the vulnerable adult and of any of the persons specified in Section 3-110 of Title 30 of the Oklahoma Statutes, (4) the physical and mental health needs of the vulnerable adult, (5) the available programs and services, and (6) the health, well-being and welfare of the vulnerable adult and the public. During the hearing to consider the motion to continue the temporary guardianship of the vulnerable adult for up to one hundred eighty (180) calendar days, the court shall consider the Department’s findings and proposed plan of care and any other evidence presented by the caretaker, guardian or other interested persons. The court shall either terminate the temporary guardianship and all involuntary services or continue the temporary guardianship and specify any necessary services to be provided by the Department for a period not to exceed one hundred eighty (180) calendar days. Provided, the court may continue the guardianship of the Department, if there is no one willing and able to act as guardian for the vulnerable adult. N. Neither the Department nor any of its employees or any other petitioner shall be liable for filing a petition pursuant to the Protective Services for Vulnerable Adults Act if the petition was filed in good faith. Added by Laws 1977, c. 264, § 8, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 8, eff. Nov. 1, 1984. Renumbered from § 808 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 120, § 1, eff. Nov. 1, 1987; Laws 1993, c. 159, § 5, eff. July 1, 1993; Laws 1994, c. 244, § 4, eff. Sept. 1, 1994; Laws 1997, c. 195, § 11, eff. Nov. 1, 1997; Laws 1998, c. 298, § 5, eff. Nov. 1, 1998; Laws 1999, c. 78, § 4, emerg. eff. April 13, 1999; Laws 2001, c. 310, § 1, emerg. eff. June 1, 2001; Laws 2003, c. 332, § 8, emerg. eff. May 29, 2003; Laws 2007, c. 68, § 4, eff. Nov. 1, 2007; Laws 2011, c. 370, § 1, eff. Nov. 1, 2011; Laws 2021, c. 85, § 1, eff. Nov. 1, 2021; Laws 2025, c. 215, § 9, emerg. eff. May 13, 2025. §43A-10-109. Utilization of available services. A. In providing any of the duties set forth in this act, the Department of Human Services may provide direct protective services. B. The Department may contract with any public or private agency for the provision of protective services. C. The Department shall utilize to the extent appropriate and available existing resources and services of public and nonprofit private agencies in providing protective services. The Department shall make maximum use of volunteers and church groups whenever feasible. Added by Laws 1977, c. 264, § 9, emerg. eff. June 17, 1977. Renumbered from § 809 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 12, eff. Nov. 1, 1997. §43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults. A. The Commission for Human Services shall establish uniform policies detailing the responsibilities and duties of employees of the Department of Human Services when providing or arranging services for vulnerable adults whether the services are to be paid for by the vulnerable adult or from other private or public funds. B. The policies shall include, but not be limited to: 1. The handling of the personal resources, such as bank accounts, cash, checks, notes, mortgages, trust deeds, sales contracts, stocks, bonds, certificates or other liquid assets of a vulnerable adult without prior approval of the supervisor; 2. Specific procedures for obtaining and handling repairs, personal services and other necessary actions to provide health care, food, shelter to or on behalf of a vulnerable adult; 3. Prohibiting an employee from any type of solicitation or charging, requesting or accepting any fee, gift, reward, or payment of any kind from individuals or staff for any services rendered as a volunteer, intern, or employee relating to vulnerable adults; 4. Prohibiting an employee from using contact with clients or any member or the client's support system for personal gain or personal relationships; 5. Prohibiting an employee, upon termination of any assignment, from making personal contact with former clients or any member of the client's support system and from using former contact with clients for personal gain; 6. Prohibiting an employee from buying items from clients; 7. Ensuring that no employee whose responsibilities relate in any manner to services provided to or on behalf of a vulnerable adult is subject to a conflict of interest which would impair the ability of the employee to carry out his or her employment duties in an impartial manner; 8. Sufficient oversight by administrative heads of local offices of the Department as to the provision for and arrangement of services to vulnerable adults; and 9. Such other requirements as deemed necessary by the Commission. Added by Laws 2001, c. 310, § 2, emerg. eff. June 1, 2001. §43A-10-110. Confidentiality of records and reports. A. The reports, records, and working papers used or developed in an investigation of the circumstances of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act are confidential and may be disclosed only pursuant to rules promulgated by the Director of Human Services or the State Commissioner of Health, by order of the court, or as otherwise provided by this section or Section 10-110.1 of this title. B. Agency records of the Department of Human Services or the Office of Client Advocacy within the State Department of Health pertaining to a vulnerable adult may be inspected and their contents disclosed without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties: 1. A district attorney and the employees of an office of a district attorney in the course of their official duties pursuant to this title or the prosecution of crimes against vulnerable adults; 2. The attorney representing a vulnerable adult who is the subject of a proceeding pursuant to the provisions of the Protective Services for Vulnerable Adults Act; 3. Employees of a law enforcement agency of this or another state and employees of protective services for vulnerable adults of another state; 4. A physician who has before him or her a vulnerable adult whom the physician reasonably suspects may have been abused or neglected or any health care or mental health professional involved in the evaluation or treatment of the vulnerable adult; 5. A caretaker, legal guardian, custodian or other family members of the vulnerable adult; provided, the appropriate state entity may limit such disclosures to summaries or to information directly necessary for the purpose of such disclosure; 6. Any public or private agency or person authorized by the Department to diagnose, provide care and treatment to a vulnerable adult who is the subject of a report or record of vulnerable adult abuse or neglect; 7. Any public or private agency or person authorized by the Department to supervise or provide other services to a vulnerable adult who is the subject of a report or record of vulnerable adult abuse or neglect; provided, the Department may limit such disclosure to summaries or to information directly necessary for the purpose of such disclosure; and 8. Any person or agency for research purposes, if all of the following conditions are met: a. the person or agency conducting such research is employed by the State of Oklahoma or is under contract with this state and is authorized by the Director of Human Services and the State Commissioner of Health to conduct such research, and b. the person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed. C. Nothing in this section shall be construed as prohibiting the appropriate state entity from disclosing such confidential information as may be necessary to secure appropriate care, treatment or protection of a vulnerable adult alleged to be abused or neglected. D. Records and their contents disclosed pursuant to this section shall remain confidential. The use of such information shall be limited to the purposes for which disclosure is authorized. It shall be unlawful and a misdemeanor for any person to furnish any record or disclose any information contained therein for any unauthorized purpose. E. Records of investigations conducted pursuant to the Protective Services for Vulnerable Adults Act shall not be expunged except by court order. 1. If the Department is currently or was previously appointed as temporary guardian of the alleged victim of abuse, neglect, financial exploitation, or financial neglect, any petition or motion requesting expungement of the investigative records of the Department shall be filed under the same case number. 2. Written notice of the hearing and a copy of any such petition or motion shall be properly and timely served upon: a. the alleged victim of abuse, neglect, financial exploitation, or financial neglect, b. the Department’s Office of General Counsel and any other counsel of record in a proceeding in which the Department was appointed as temporary guardian, and c. all other persons due notice in a guardianship proceeding involving the victim pursuant to Section 3- 110 of Title 30 of the Oklahoma Statutes. Added by Laws 1977, c. 264, § 10, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 9, eff. Nov. 1, 1984. Renumbered from § 810 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 13, eff. Nov. 1, 1997; Laws 1998, c. 298, § 6, eff. Nov. 1, 1998; Laws 1999, c. 78, § 5, emerg. eff. April 13, 1999; Laws 2010, c. 474, § 1, eff. July 1, 2010; Laws 2011, c. 1, § 15, emerg. eff. March 18, 2011; Laws 2025, c. 215, § 10, emerg. eff. May 13, 2025. NOTE: Laws 2010, c. 110, § 1 repealed by Laws 2011, c. 1, § 16, emerg. eff. March 18, 2011. §43A-10-110.1. Public disclosure. A. For purposes of this section: 1. “Near death” means the vulnerable adult is in serious or critical condition, as certified by a physician, as a result of abuse or neglect; and 2. "Vulnerable adult" shall be defined as provided in Section 10-103 of Title 43A of the Oklahoma Statutes. B. When a person responsible for the care of a vulnerable adult has been charged by information or indictment with committing a crime resulting in the death or near death of the vulnerable adult, there shall be a presumption that the best interest of the public is served by public disclosure of certain information concerning: 1. The circumstances of the investigation of the death or near death of the vulnerable adult; and 2. Any other investigations concerning that vulnerable adult, or other vulnerable adults living in the same facility, or involving an individual provider of services to vulnerable adults, within: a. three (3) years of the death or near death, and b. one (1) year after the death or near death. C. 1. At any time subsequent to seven (7) days of the date the person providing care to the vulnerable adult has been criminally charged, the Department of Human Services Adult Protective Services Division, the district attorney, the district court clerk, and the judge having jurisdiction over the case, upon request, shall release certain information to the public as follows: a. a confirmation shall be provided by the Department as to whether a report has been made concerning the alleged victim or other vulnerable adults while living in the same household or facility and whether an investigation has begun, b. confirmation shall be provided by the Department as to whether previous reports have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department in response to a previous report of abuse or neglect of vulnerable adults, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney, c. the dates of any judicial proceedings prior to the death or near death of the vulnerable adult, d. recommendations submitted by each participant in writing at the judicial proceedings including recommendation made at the hearing as they relate to appropriate placement of a vulnerable adult, and e. the rulings of the court. 2. Specific recommendations made and services rendered by the Department of Human Services Adult Protective Services Division described in any progress reports of a pending case submitted to the court may be disclosed by the Department. D. Any disclosure of information pursuant to this section shall not identify or provide an identifying description of any complainant or reporter of vulnerable adult abuse or neglect, and shall not identify the name of other vulnerable adults in the household or facility, the person responsible for the care of the vulnerable adult, or any other member of the facility or household, other than the person criminally charged. Added by Laws 2010, c. 110, § 2, eff. Nov. 1, 2010. §43A-10-111. District court orders - Visitation. A. 1. The district courts are vested with jurisdiction to issue orders and enforce orders restricting visitation, by the custodian or by any other person specified by the court, of a vulnerable adult who is receiving or has been determined to need protective services pursuant to the Protective Services for Vulnerable Adults Act. 2. Whenever it is consistent with the welfare and safety of a vulnerable adult, the court shall restrict the visitation of a custodian or other person specified by the court who is alleged or has been determined to have abused, neglected or exploited the vulnerable adult. 3. Notice as ordered by the court shall be given to the custodian or other person alleged or determined to have abused, neglected or exploited a vulnerable adult. B. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult needs voluntary or involuntary protective services as a result of abuse, neglect or exploitation by the caretaker or by any other person, the Department of Human Services may petition the district court to restrict the visitation of such custodian or other person with the vulnerable adult. C. 1. Consistent with the welfare and safety of the vulnerable adult, the court may require supervised visitation, prohibit visitation or otherwise limit the visitation by the custodian or such other person with the vulnerable adult. 2. The basis for restricting visitation shall be stated in the record by the court. D. The owner, operator or any facility personnel of a nursing home, residential home, assisted living facility or other long-term care facility having reason to believe that visitation of a vulnerable adult should be restricted may notify the Office of the State Long-Term Care Ombudsman within the Office of the Attorney General or the appropriate state entity. Any other person having reason to believe that visitation of a vulnerable adult should be restricted may notify the appropriate state entity pursuant to the Protective Services for Vulnerable Adults Act. Added by Laws 1998, c. 328, § 1, eff. Nov. 1, 1998. Amended by Laws 2025, c. 215, § 11, emerg. eff. May 13, 2025. §43A-10-111.1. Vulnerable Adult Abuse, Neglect, and Exploitation Registry. A. On or before January 1, 2024, the Office of the Attorney General shall establish and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Registry, accessible to the public in an electronic format and updated quarterly, to address: 1. A procedure for recording individuals on the registry who have been found guilty by a court of law or entered a plea of guilty or nolo contendere to a charge of abuse, neglect, or exploitation of a vulnerable adult; and 2. Disclosure requirements for information that is accessible on the registry. B. The Vulnerable Adult Abuse, Neglect and Exploitation Registry shall include, but not be limited to: 1. The full name of the individual; 2. Information necessary to identify the individual; 3. The disposition and other identifying case information regarding convictions or confessions of abuse, neglect, or exploitation in a court of law; and 4. The date the individual was convicted or pled guilty or nolo contendere. Added by Laws 2018, c. 221, § 1, eff. Nov. 1, 2018. Amended by Laws 2023, c. 239, § 1, eff. Nov. 1, 2023. §43A-10-112. Vulnerable Adult Intervention Task Force - Members - Terms - Duties. A. The Department of Human Services, together with the Department of Mental Health and Substance Abuse Services, shall develop and implement a Vulnerable Adult Intervention Task Force. The purpose of the task force shall be to study and examine how to best provide interdisciplinary community assistance, intervention, and referral services for persons with mental or physical illnesses or disabilities, dementia or other related disease or condition. B. The task force shall consist of at least eleven (11) members as follows: 1. One member who shall be a member of the Oklahoma House of Representatives, to be appointed by the Speaker of the Oklahoma House of Representatives, and one member who shall be a member of the Oklahoma Senate, to be appointed by the President Pro Tempore of the Oklahoma Senate; 2. Commissioner of the Department of Mental Health and Substance Abuse Services, or designee; 3. Commissioner of the State Department of Health, or designee; 4. Director of the State Department of Rehabilitation Services, or designee; 5. One member who shall be a representative from law enforcement, to be appointed by the Senate President Pro Tempore; 6. One member who shall be a current or former municipal employee who worked as a code enforcement officer, to be appointed by the Speaker of the House of Representatives; 7. One member who shall be a public defender, or designee, to be appointed by the Governor; 8. One member who shall be a citizen of this state and a current or former member of an advocacy organization that represents vulnerable adults or persons with mental illness, to be appointed by the House Minority Leader; 9. One member who shall be a physician licensed to practice in this state, to be appointed by the Senate Minority Leader; and 10. The Director of the Department of Human Services, or designee. Members of the task force shall serve for a thirty-month term. C. Appointments to the task force shall be made by July 1, 2010. The first meeting shall be convened on or before August 1, 2010. A majority of the members present at a meeting shall constitute a quorum to do business. Members of the task force shall receive no compensation for their service, but shall receive travel reimbursement by the appointing authority pursuant to the State Travel Reimbursement Act. D. The task force is authorized to meet as necessary in order to perform the duties imposed on it. E. The task force shall recommend a curriculum, which at a minimum should include training for individuals on the symptoms, causes and evidence-based services and interventions for illnesses and conditions contained herein. The training should also address possible crisis situations arising from these illnesses and conditions and steps to support an individual in a crisis situation. F. On or before December 31, 2010, and annually thereafter, the task force shall submit a report to the Legislature stating the recommendations and findings of the task force including but not limited to suggested legislative action, funding sources, state agency action, and numbers of potential participants in recommended programs, either as a team member who promotes services or a recipient of services, and any recommendations for improvement of the program. G. The task force shall be subject to the provisions of the Open Records Act and the Open Meeting Act. Staff assistance for the task force shall be provided by the staff of the Oklahoma House of Representatives and the Oklahoma State Senate. Added by Laws 2010, c. 474, § 2, eff. July 1, 2010. §43A-10-113. Sexual contact form for caretakers. The Department of Human Services shall develop and disseminate a form to all providers of residential or vocational and employment services for incapacitated persons or vulnerable adults which shall be signed and witnessed by each caretaker working with incapacitated persons or vulnerable adults notifying the caretaker that the caretaker may be prosecuted criminally for having sexual contact with a person in their care. Added by Laws 2018, c. 10, § 3, eff. Nov. 1, 2018. §43A-10-114. Training for Adult Protective Services specialists - Individuals with cognitive impairment. The Department of Human Services shall require all Adult Protective Services (APS) specialists to receive training regarding the recognition of individuals with cognitive impairment, effective intervention in cases involving the abuse and exploitation of individuals who are cognitively impaired and securing the safety of abused and exploited individuals with dementia. Added by Laws 2019, c. 183, § 1, eff. Nov. 1, 2019. §43A-10-115. Multidisciplinary elderly and vulnerable adult abuse team to investigate and prosecute crimes. A. In coordination with the District Attorneys Council, each district attorney may develop a multidisciplinary team for the investigation and prosecution of crimes committed against the elderly or vulnerable adults in each county of the district attorney or in a contiguous group of counties. The lead agency for the team shall be chosen by the members of the team. The team shall intervene in reports involving sexual abuse, abuse, neglect, or exploitation of an elderly person or vulnerable adult as defined in Section 10-103 of this title. B. The multidisciplinary elderly and vulnerable adult abuse team members shall include, but not be limited to: 1. Mental health professionals licensed pursuant to the laws of this state or licensed professional counselors; 2. Police officers or other law enforcement agents whose duties include, or who have experience or training in, elderly and vulnerable adult abuse and neglect investigation; 3. Medical personnel with experience in elderly and vulnerable adult abuse and neglect identification; 4. Adult Protective Services and long-term care workers within the Department of Human Services; 5. Office of Client Advocacy workers within the State Department of Health; 6. Multidisciplinary elderly and vulnerable adult abuse team coordinators; and 7. The district attorney or assistant district attorney. C. 1. Subject to the availability of funds and resources, the functions of the team shall include, but not be limited to: a. whenever feasible, joint investigations by law enforcement and Adult Protective Services, Office of Client Advocacy, or long-term care staff to effectively respond to reports of abuse against elderly or vulnerable adult victims, b. the development of a written protocol for investigation of sexual abuse, abuse, neglect, or exploitation cases of elderly or vulnerable adults and for the interview of victims to ensure coordination and cooperation between all agencies involved. Such protocol shall include confidentiality statements and interagency agreements signed by member agencies that specify the cooperative effort of the member agencies to the team, c. communication and collaboration among the professionals responsible for the reporting, investigation, prosecution, and treatment of elderly and vulnerable adult abuse and neglect cases, d. elimination of duplicative efforts in the investigation and the prosecution of abuse and neglect cases committed against elderly or vulnerable adult victims, e. identification of gaps in service or untapped resources within the community to improve the delivery of services to the victim and family, f. development of expertise through training. Each team member and those conducting investigations and interviews of elderly or vulnerable adult abuse victims shall be trained in the multidisciplinary team approach, conduction of legally sound developmentally and age-appropriate interviews, effective investigation techniques and joint investigations as provided through the State Department of Health, the District Attorneys Council, the Department of Human Services, or other resources. At least one team member or those conducting investigations and interviews of elder or vulnerable adult abuse victims shall complete dementia-specific training on Alzheimer's disease and related dementia that includes one or more of the following: (1) communication skills, (2) problem-solving with challenging behaviors, or (3) explanation of Alzheimer's disease and other dementia, g. formalization of a case review process and provision of data as requested, and h. standardization of investigative procedures for the handling of elderly and vulnerable adult abuse and neglect cases. 2. Any investigation or interview related to sexual abuse, abuse, or neglect of elderly or vulnerable adults shall be conducted by appropriate personnel using the protocols and procedures specified in this section. 3. If trained personnel are not available in a timely manner and if a law enforcement officer or the Department of Human Services determines that there is reasonable cause to believe a delay in investigation or interview of a victim could place the victim's health or welfare in danger of harm or threatened harm, the investigation may proceed without full participation of all personnel, but only for as long as the danger to the victim exists. The Department of Human Services shall make a reasonable effort to find and provide a trained investigator or interviewer. D. A multidisciplinary elderly or vulnerable adult abuse team shall have full access to any service or treatment plan and any personal data known to the Department of Human Services that is directly related to the implementation of the requirements of this section. E. Each member of the team shall protect the confidentiality of the elderly or vulnerable adult and any information made available to the team member. The multidisciplinary team and any information received by the team shall be exempt from the Oklahoma Open Meeting Act and the Oklahoma Open Records Act. Added by Laws 2022, c. 123, § 2, eff. Nov. 1, 2022. Amended by Laws 2024, c. 93, § 1, eff. Nov. 1, 2024; Laws 2024, c. 339, § 6, eff. Nov. 1, 2024.
Okla. Stat. tit. 43A, § 5
Repealed
Repealed by Laws 1986, c. 103, § 102, eff
Official source: Oklahoma Legislature. Reproduced from public-domain Oklahoma statutes; confirm against the official source for the current text. Not legal advice.