Title 43A, Title 43A — Mental Health

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…

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…

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 appo…

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 peti…

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 pe…

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 …

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 pe…

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 …

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 ma…

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…

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 inpatien…

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…

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 …

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 mino…

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 s…

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 menta…

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 t…

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 th…

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…

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…

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 fr…

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…

- 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…

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 tra…

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 dep…

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. …

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 p…

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 insti…

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…

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 D…

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 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 ex…

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 mo…

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 a…

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 paymen…

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 distr…

The purpose of this act is to provide a comprehensive program of human renewal for drug-dependent persons through the creation of programs of prevention, consultation, outpatient care, inpatient care and rehabilitation. Added by Laws 1971, c. 61, § 1, eff. Oct. 1, 1971.

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…

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, …

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…

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 …

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, 19…

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 leavi…

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 co…

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 …

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 a…

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…

A. Subject to the availability of funds, the Department of Mental Health and Substance Abuse Services shall facilitate the development of seven peer-supported, drop-in centers for the specific purpose of serving Oklahoma veterans. The Department shall issue a request for proposal…

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 Ok…