Okla. Stat. tit. 43A, § 43A-5-207v1 — OK Code / Title 43A / Section 43A-5-207v1
Local Law Enforcement Mental Health Manpower Act
Status: in_force

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

Oklahoma Statutes - Title 43A. Mental Health Page 121

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

Oklahoma Statutes - Title 43A. Mental Health Page 122

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.
Okla. Stat. tit. 43, § 43-2 — OK Code / Title 43 / Section 43-2
Consanguinity
Status: in_force

Marriages between ancestors and descendants of any degree, of a

stepfather with a stepdaughter, stepmother with stepson, between

uncles and nieces, aunts and nephews, except in cases where such

relationship is only by marriage, between brothers and sisters of

the half as well as the whole blood, and first cousins are declared

to be incestuous, illegal and void, and are expressly prohibited.

Provided, that any marriage of first cousins performed in another

Oklahoma Statutes - Title 43. Marriage and Family Page 8

state authorizing such marriages, which is otherwise legal, is

hereby recognized as valid and binding in this state as of the date

of such marriage.
Okla. Stat. tit. 43, § 43-601-319 — OK Code / Title 43 / Section 43-601-319
Receipt and disbursement of payments - Payment to enforcement agency of another
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 7enforcement agency of another state or foreign country - Certified

statement.

A. A support enforcement agency or tribunal of this state shall

disburse promptly any amounts received pursuant to a support order,

as directed by the order. The agency or tribunal shall furnish to a

requesting party or tribunal of another state or a foreign country a

certified statement by the custodian of the record of the amounts

and dates of all payments received.

B. If neither the obligor, nor the obligee who is an

individual, nor the child resides in this state, upon request from

the support enforcement agency of this state or another state, the

support enforcement agency of this state or a tribunal of this state

shall:

1. Direct that the support payment be made to the support

enforcement agency in the state in which the obligee is receiving

services; and

2. Issue and send to the obligor's employer a conforming

income-withholding order or an administrative notice of change of

payee, reflecting the redirected payments.

C. The support enforcement agency of this state receiving

redirected payments from another state pursuant to a law similar to

Oklahoma Statutes - Title 43. Marriage and Family Page 192

subsection B of this section shall furnish to a requesting party or

tribunal of the other state a certified statement by the custodian

of the record of the amount and dates of all payments received.
Okla. Stat. tit. 43A, § 43A-1-108 — OK Code / Title 43A / Section 43A-1-108
Habeas corpus - Notice - Evidence
Status: in_force

A. Anyone in custody as a person in need of treatment, assisted

outpatient or a minor in need of mental health treatment, pursuant

to the provisions of this title, is entitled to a writ of habeas

corpus, upon a proper application made by such person or some

relative or friend in the person's behalf pursuant to the provisions

of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.

B. Upon the return of a writ of habeas corpus, whether the

person is a person requiring treatment or an assisted outpatient as

defined by Section 1-103 of this title or whether the minor is a

minor requiring treatment as defined by Section 5-502 of this title

shall be inquired into and determined.

C. Notice of hearing on the writ must be given to the guardian

of the consumer, if one has been appointed, to the person who

applied for the original commitment and to such other persons as the

court may direct.

D. The medical or other history of the consumer, as it appears

in the facility record, shall be given in evidence, and the

executive director of the facility wherein the consumer is held in

custody shall testify as to the condition of the consumer.

E. The executive director shall make available for examination

by physicians selected by the person seeking the writ, the consumer

whose freedom is sought by writ of habeas corpus.

F. Any evidence, including evidence adduced in any previous

habeas corpus proceedings, touching upon the mental condition of the

consumer shall be admitted in evidence.
Okla. Stat. tit. 43, § 43-107.4 — OK Code / Title 43 / Section 43-107.4
Motion for an emergency custody hearing
Status: in_force

A. In a court proceeding concerning child custody or

visitation, a motion for an emergency custody hearing shall include

an independent report, if available, to include but not be limited

to, a police report or a report from the Department of Human

Services, that demonstrates that the child is in surroundings which

endanger the safety of the child and that if such conditions

continue, the child would likely be subject to irreparable harm. If

there is no such report, the motion shall include a notarized

affidavit from an individual with personal knowledge that the child

is in surroundings which endanger the safety of the child and that

Oklahoma Statutes - Title 43. Marriage and Family Page 27

not granting the motion would likely cause irreparable harm to the

child. Upon receipt of the motion for emergency custody with

supporting documentation, the court shall have seventy-two (72)

hours to conduct a hearing. If the court fails to conduct a hearing

within such time, the movant may present such motion to the

presiding judge of the judicial district, who shall conduct an

emergency custody hearing within twenty-four (24) hours of receipt

of the motion.

B. If the court finds that any relevant information provided to

the court upon which the court relied to make its emergency custody

decision to be false, the court shall assess against the movant all

costs, attorney fees, and other expenses incurred as a result of

such emergency custody hearing. The movant shall pay all such

costs, fees and expenses within thirty (30) days. Failure to make

such payment shall be grounds for contempt, punishable by six (6)

months in the county jail, a fine not to exceed One Thousand Dollars

($1,000.00), or both such imprisonment and fine.
Okla. Stat. tit. 43A, § 43A-14-101 — OK Code / Title 43A / Section 43A-14-101
Short title — Oklahoma Elder Exploitation and Abuse
Status: in_force

Act.

Sections 2 through 7 of this act shall be known and may be cited

as the "Oklahoma Elder Exploitation and Abuse Act".
Okla. Stat. tit. 43, § 43-571-107 — OK Code / Title 43 / Section 43-571-107
Credible risk of abduction - Factors
Status: in_force

A. In determining whether there is a credible risk of abduction

of a child, the court shall consider any evidence that the

petitioner or respondent:

1. Has previously abducted or attempted to abduct the child;

2. Has threatened to abduct the child;

3. Has recently engaged in activities that may indicate a

planned abduction, including, but not limited to:

a. abandoning employment,

b. selling a primary residence,

Oklahoma Statutes - Title 43. Marriage and Family Page 168

c. terminating a lease,

d. closing bank or other financial management accounts,

liquidating assets, hiding or destroying financial

documents, or conducting any unusual financial

activities,

e. applying for a passport or visa or obtaining travel

documents for the respondent, a family member, or the

child, or

f. seeking to obtain the child's birth certificate or

school or medical records;

4. Has engaged in domestic violence, stalking, or child abuse

or neglect;

5. Has refused to follow a child custody determination;

6. Lacks strong familial, financial, emotional, or cultural

ties to the state or the United States;

7. Has strong familial, financial, emotional, or cultural ties

to another state or country;

8. Is likely to take the child to a country that:

a. is not a party to the Hague Convention on the Civil

Aspects of International Child Abduction and does not

provide for the extradition of an abducting parent or

for the return of an abducted child,

b. is a party to the Hague Convention on the Civil

Aspects of International Child Abduction but:

(1) the Hague Convention on the Civil Aspects of

International Child Abduction is not in force

between the United States and that country,

(2) is noncompliant according to the most recent

compliance report issued by the United States

Department of State, or

(3) lacks legal mechanisms for immediately and

effectively enforcing a return order under the

Hague Convention on the Civil Aspects of

International Child Abduction,

c. poses a risk that the child's physical or emotional

health or safety would be endangered in the country

because of specific circumstances relating to the

child or because of human rights violations committed

against children,

d. has laws or practices that would:

(1) enable the respondent, without due cause, to

prevent the petitioner from contacting the child,

(2) restrict the petitioner from freely traveling to

or exiting from the country because of the

petitioner's gender, nationality, marital status,

or religion, or

Oklahoma Statutes - Title 43. Marriage and Family Page 169

(3) restrict the child's ability to legally leave the

country after the child reaches the age of

majority because of a child's gender,

nationality, or religion,

e. is included by the United States Department of State

on a current list of state sponsors of terrorism,

f. does not have an official United States diplomatic

presence in the country, or

g. is engaged in active military action or war, including

a civil war, to which the child may be exposed;

9. Is undergoing a change in immigration or citizenship status

that would adversely affect the respondent's ability to remain in

the United States legally;

10. Has had an application for United States citizenship

denied;

11. Has forged or presented misleading or false evidence on

government forms or supporting documents to obtain or attempt to

obtain a passport, a visa, travel documents, a Social Security card,

a driver license, or other government-issued identification card or

has made a misrepresentation to the United States government;

12. Has used multiple names to attempt to mislead or defraud;

or

13. Has engaged in any other conduct the court considers

relevant to the risk of abduction.

B. In the hearing on a petition under this act, the court shall

consider any evidence that the respondent believed in good faith

that the respondent's conduct was necessary to avoid imminent harm

to the child or respondent and any other evidence that may be

relevant to whether the respondent may be permitted to remove or

retain the child.
Okla. Stat. tit. 43A, § 43A-681 — OK Code / Title 43A / Section 43A-681
Renumbered as § 9-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-114 — OK Code / Title 43A / Section 43A-114
Renumbered as § 4-204 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-107 — OK Code / Title 43 / Section 43-551-107
Priority
Status: in_force

PRIORITY

If a question of existence or exercise of jurisdiction under

this act is raised in a child custody proceeding, the question, upon

request of a party, must be given priority on the court's calendar

and handled expeditiously.
Okla. Stat. tit. 43A, § 43A-7-106 — OK Code / Title 43A / Section 43A-7-106
Return of property upon death or discharge
Status: in_force

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.
Okla. Stat. tit. 43, § 43-111.4 — OK Code / Title 43 / Section 43-111.4
Protection of child from child abuse or neglect or
Status: in_force

domestic violence by parent – Suspension of visitation.

A. A parent who, in good faith and with a reasonable belief

supported by fact, determines that the child of that parent is the

victim of child abuse or neglect, or suffers from effects of

domestic violence, may take necessary actions to protect the child,

including refusing to permit visitation.

B. In cases in which there is evidence to substantiate

suspected or confirmed child abuse or neglect, visitation shall be

suspended.
Okla. Stat. tit. 43A, § 43A-5-420 — OK Code / Title 43A / Section 43A-5-420
Review of status of persons involuntarily committed for
Status: in_force

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.
Okla. Stat. tit. 43, § 43-561-103 — OK Code / Title 43 / Section 43-561-103
Indian children excluded
Status: in_force

This act shall not apply to custody of an Indian child as

defined in Section 4(4) of the Indian Child Welfare Act of 1978, 25

U.S.C. Section 1903(4), as amended, to the extent custody is

governed by the Indian Child Welfare Act of 1978, 25 U.S.C. Sections

1901 through 1963, as amended.

ARTICLE 2 – PROHIBITION OF UNREGULATED CUSTODY TRANSFER
Okla. Stat. tit. 43A, § 43A-10-108 — OK Code / Title 43A / Section 43A-10-108
Petition for involuntary protective services
Status: in_force

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:

Oklahoma Statutes - Title 43A. Mental Health Page 218

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

Oklahoma Statutes - Title 43A. Mental Health Page 219

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.

Oklahoma Statutes - Title 43A. Mental Health Page 220

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

Oklahoma Statutes - Title 43A. Mental Health Page 221

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

Oklahoma Statutes - Title 43A. Mental Health Page 222

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,

Oklahoma Statutes - Title 43A. Mental Health Page 223

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

Oklahoma Statutes - Title 43A. Mental Health Page 224

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.
Okla. Stat. tit. 43, § 43-601-506 — OK Code / Title 43 / Section 43-601-506
Contest of order
Status: in_force

A. An obligor may contest the validity or enforcement of an

income-withholding order issued in another state and received

directly by an employer in this state by registering the order in a

tribunal of this state and filing a contest to that order as

provided in Article 6 of this title, or otherwise contesting the

order in the same manner as if the order had been issued by a

tribunal of this state.

B. The obligor shall give notice of the contest to:

1. A support enforcement agency providing services to the

obligee;

2. Each employer that has directly received an income-

withholding order relating to the obligor; and

3. The person designated to receive payments in the income-

withholding order or if no person is designated, to the obligee.

Oklahoma Statutes - Title 43. Marriage and Family Page 195
Okla. Stat. tit. 43A, § 43A-5-416 — OK Code / Title 43A / Section 43A-5-416
Alternatives to hospitalization
Status: in_force

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,

Oklahoma Statutes - Title 43A. Mental Health Page 151

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

Oklahoma Statutes - Title 43A. Mental Health Page 152

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

Oklahoma Statutes - Title 43A. Mental Health Page 153

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

Oklahoma Statutes - Title 43A. Mental Health Page 154

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

Oklahoma Statutes - Title 43A. Mental Health Page 155

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.
Okla. Stat. tit. 43A, § 43A-5-302 — OK Code / Title 43A / Section 43A-5-302
Informal consumers - Admission
Status: in_force

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.

Oklahoma Statutes - Title 43A. Mental Health Page 130

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.
Okla. Stat. tit. 43A, § 43A-5-513 — OK Code / Title 43A / Section 43A-5-513
Individualized treatment plan - Discharge plan
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 178

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.
Okla. Stat. tit. 43, § 43-551-205 — OK Code / Title 43 / Section 43-551-205
Notice; opportunity to be heard; joinder
Status: in_force

NOTICE; OPPORTUNITY TO BE HEARD; JOINDER

A. Before a child custody determination is made under this act,

notice and an opportunity to be heard in accordance with the

standards of Section 8 of this act must be given to all persons

entitled to notice under the law of this state as in child custody

proceedings between residents of this state, any parent whose

parental rights have not been previously terminated, and any person

having physical custody of the child.

B. This act does not govern the enforceability of a child

custody determination made without notice or an opportunity to be

heard.

C. The obligation to join a party and the right to intervene as

a party in a child custody proceeding under this act are governed by

the law of this state as in child custody proceedings between

residents of this state.
Okla. Stat. tit. 43A, § 43A-116 — OK Code / Title 43A / Section 43A-116
Renumbered as § 2-207 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-2-219 — OK Code / Title 43A / Section 43A-2-219
Mistreatment of consumer
Status: in_force

Any officer or employee of a facility who maliciously assaults,

beats, batters, abuses, or uses mechanical restraints, or willfully

aids, abets, advises or permits any consumer confined therein to be

maliciously assaulted, beaten, battered, abused, or mechanically

restrained shall be guilty of a Class D1 felony offense, and on

conviction thereof shall be punished by imprisonment as provided for

in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or a fine not exceeding Five Hundred Dollars

($500.00), or both fine and imprisonment.
Okla. Stat. tit. 43, § 43-202 — OK Code / Title 43 / Section 43-202
Duty to support
Status: in_force

The husband must support himself and his wife out of the

community property or out of his separate property or by his labor.

The wife must support the husband when he has not deserted her out

of the community property or out of her separate property when he

has no community or separate property and he is unable from

infirmity to support himself.
Okla. Stat. tit. 43, § 43-118E — OK Code / Title 43 / Section 43-118E
Parenting time adjustment - Reduction in child support
Status: in_force

obligation.

A. Parenting time adjustment.

1. The adjustment may be granted based upon a court order or

agreement that the noncustodial parent is granted at least one

hundred twenty-one (121) overnights of parenting time per twelve-

month period with the children in the case under consideration.

2. Average parenting time. If there are multiple children for

whom support is being calculated, and the parent seeking the

parenting time adjustment is spending a different amount of time

with each child, then an annual average of parenting time with all

of the children shall be calculated.

B. In cases of split physical custody, either parent may be

eligible for a parenting time adjustment.

C. Parenting time adjustments are not mandatory, but

presumptive. The presumption may be rebutted in a case where the

circumstances indicate the adjustment is not in the best interest of

the child or that the increased parenting time by the noncustodial

parent does not result in greater expenditures which would justify a

reduction in the support obligation.

D. Reduction in child support obligation for additional

parenting time.

1. If the parent receiving the parenting time adjustment is

granted one hundred twenty-one (121) or more overnights of parenting

time per twelve-month period with a child, or an average of one

hundred twenty-one (121) overnights with all applicable children, a

reduction to the child support obligation of the parent may be made

as set forth in this section.

2. A parenting time adjustment shall be made to the base

monthly child support obligation by the following formula: The

total combined base monthly child support obligation shall be

multiplied by a factor determined by the number of overnights

granted to the noncustodial parent. The result shall be designated

the adjusted combined child support obligation. In a case where the

noncustodial parent is granted:

a. one hundred twenty-one (121) overnights to one hundred

thirty-one (131) overnights, the factor shall be two

(2),

Oklahoma Statutes - Title 43. Marriage and Family Page 88

b. one hundred thirty-two (132) overnights to one hundred

forty-three (143) overnights, the factor shall be one

and three-quarters (1.75), or

c. one hundred forty-four (144) or more overnights, the

factor shall be one and one-half (1.5).

3. To determine the adjusted child support obligation of each

parent, the adjusted combined child support obligation shall be

divided between the parents in proportion to their respective

adjusted gross incomes.

4. a. The percentage of time a child spends with each parent

shall be calculated by determining the number of

overnights for each parent and dividing that number by

three hundred sixty-five (365).

b. The share of the adjusted combined child support

obligation for each parent shall then be multiplied by

the percentage of time the child spends with the other

parent to determine the base child support obligation

owed to the other parent.

c. The respective adjusted base child support obligations

for each parent are then offset, with the parent owing

more base child support paying the difference between

the two amounts to the other parent. The base child

support obligation of the parent owing the lesser

amount is then set at zero dollars ($0.00).

5. The parent owing the greater amount of base child support

shall pay the difference between the two amounts as a child support

order. In no event shall the provisions of this paragraph be

construed to authorize or allow the payment of child support by a

parent having more than two hundred five (205) overnights. In no

event shall the amount of child support ordered to be paid by a

parent exceed the amount which would otherwise be ordered if the

parent was not eligible for the parenting time adjustment.

E. 1. Failure to exercise or exercising more than the number

of overnights upon which the parenting time adjustment is based, is

a material change of circumstances.

2. If the court finds that the obligor has failed to exercise a

significant number of the overnights provided in the court order

necessary to receive the parenting time adjustment, in a proceeding

to modify the child support order, the court may establish the

amount that the obligor has underpaid due to the application of the

parenting time adjustment as a child support judgment that may be

enforced in the same manner as any other child support judgment.

3. The court may rule that the obligor will not receive the

parenting time adjustment for the next twelve-month period. After a

twelve-month period during which the obligor did not receive the

parenting time adjustment, the obligor may petition the court to

modify the child support order. The obligor may be granted a

Oklahoma Statutes - Title 43. Marriage and Family Page 89

prospective parenting time adjustment upon a showing that the

obligor has actually exercised the threshold number of overnights in

the preceding twelve (12) months. No retroactive modification or

credit from the child support guidelines amount shall be granted

based on this section.
Okla. Stat. tit. 43, § 43-109 — OK Code / Title 43 / Section 43-109
Awarding custody or appointing guardian - Joint custody –
Status: in_force

Domestic violence, stalking, or harassment – Court considerations.

A. In awarding the custody of a minor unmarried child or in

appointing a general guardian for the child, the court shall

consider what appears to be in the best interests of the physical

and mental and moral welfare of the child.

B. The court, pursuant to the provisions of subsection A of

this section, may grant the care, custody, and control of a child to

either parent or to the parents jointly.

For the purposes of this section, the terms joint custody and

joint care, custody, and control mean the sharing by parents in all

Oklahoma Statutes - Title 43. Marriage and Family Page 28

or some of the aspects of physical and legal care, custody, and

control of their children.

C. If either or both parents have requested joint custody, the

parents shall file with the court their plans for the exercise of

joint care, custody, and control of their child. The parents of the

child may submit a plan jointly, or either parent or both parents

may submit separate plans. Any plan shall include but is not

limited to provisions detailing the physical living arrangements for

the child, child support obligations, medical and dental care for

the child, school placement, and visitation rights. A plan shall be

accompanied by an affidavit signed by each parent stating that the

parent agrees to the plan and will abide by its terms. The plan and

affidavit shall be filed with the petition for a divorce or legal

separation or after the petition is filed.

D. The court shall issue a final plan for the exercise of joint

care, custody, and control of the child or children, based upon the

plan submitted by the parents, separate or jointly, with appropriate

changes deemed by the court to be in the best interests of the

child. The court also may reject a request for joint custody and

proceed as if the request for joint custody had not been made.

E. The parents having joint custody of the child may modify the

terms of the plan for joint care, custody, and control. The

modification to the plan shall be filed with the court and included

with the plan. If the court determines the modifications are in the

best interests of the child, the court shall approve the

modifications.

F. The court also may modify the terms of the plan for joint

care, custody, and control upon the request of one parent. The

court shall not modify the plan unless the modifications are in the

best interests of the child.

G. 1. The court may terminate a joint custody decree upon the

request of one or both of the parents or whenever the court

determines the decree is not in the best interests of the child.

2. Upon termination of a joint custody decree, the court shall

proceed and issue a modified decree for the care, custody, and

control of the child as if no such joint custody decree had been

made.

H. In the event of a dispute between the parents having joint

custody of a child as to the interpretation of a provision of the

plan, the court may appoint an arbitrator to resolve the dispute.

The arbitrator shall be a disinterested person knowledgeable in

domestic relations law and family counseling. The determination of

the arbitrator shall be final and binding on the parties to the

proceedings until further order of the court.

If a parent refuses to consent to arbitration, the court may

terminate the joint custody decree.

Oklahoma Statutes - Title 43. Marriage and Family Page 29

I. 1. In every proceeding in which there is a dispute as to

the custody of a minor child, a determination by the court that

child abuse, domestic violence, stalking, or harassment has occurred

raises a rebuttable presumption that sole custody, joint legal or

physical custody, or any shared parenting plan with the perpetrator

of child abuse, domestic violence, harassing or stalking behavior is

detrimental and not in the best interest of the child, and it is in

the best interest of the child to reside with the parent who is not

a perpetrator of child abuse, domestic violence, harassing or

stalking behavior.

2. For the purposes of this subsection:

a. “child abuse” shall have the same meaning as “abuse”

as defined pursuant to the Oklahoma Children’s Code in

Section 1-1-105 of Title 10A of the Oklahoma Statutes,

b. “domestic violence” means the threat of the infliction

of physical injury, any act of physical harm or the

creation of a reasonable fear thereof, or the

intentional infliction of emotional distress by a

parent or a present or former member of the household

of the child, against the child or another member of

the household including coercive control by a parent

involving physical, sexual, psychological, emotional,

economic or financial abuse,

c. “harassment” means a knowing and willful course or

pattern of conduct by a parent directed at another

parent which seriously alarms or is a nuisance to the

person, and which serves no legitimate purpose

including, but not limited to, harassing or obscene

telephone calls or conduct that would cause a

reasonable person to have a fear of death or bodily

injury, and

d. “stalking” means the willful course of conduct by a

parent who repeatedly follows or harasses another

person as defined in Section 1173 of Title 21 of the

Oklahoma Statutes.

3. If a parent is absent or relocates as a result of an act of

domestic violence by the other parent, the absence or relocation

shall not be a factor that weighs against the parent in determining

custody or visitation.

4. The court shall consider, as a primary factor, the safety

and well-being of the child who is the victim of child abuse and of

the parent who is the victim of domestic violence, harassment, or

stalking behavior, in addition to other facts regarding the best

interest of the child.

5. The court shall consider the history of the parent causing

physical harm, bodily injury, assault, verbal threats, stalking, or

harassing behavior, or the fear of physical harm, bodily injury, or

Oklahoma Statutes - Title 43. Marriage and Family Page 30

assault to another person including the minor child, in determining

issues regarding custody and visitation.
Okla. Stat. tit. 43, § 43-119 — OK Code / Title 43 / Section 43-119
Computation of child support obligations
Status: in_force

A. Child support shall be computed in accordance with the

following Child Support Guideline Schedule:

SCHEDULE OF BASIC

CHILD SUPPORT OBLIGATIONS

If Combined

Gross Monthly

Oklahoma Statutes - Title 43. Marriage and Family Page 98

Income is Total Support Amount

equal to One Two Three Four Five Six Children

or above Child Children Children Children Children or More

50 50 50 50 50 50 50

650 50 50 50 88 118 141

700 50 50 101 122 154 176

750 61 107 132 156 198 207

800 94 141 165 190 239 242

850 127 174 199 224 274 276

900 159 207 232 258 308 311

950 192 240 265 291 342 345

1,000 206 272 298 325 375 379

1,050 215 305 332 359 409 414

1,100 224 326 365 392 443 448

1,150 232 338 397 425 476 481

1,200 241 351 415 458 497 515

1,250 249 363 430 475 515 551

1,300 257 375 443 490 531 568

1,350 265 386 457 504 547 585

1,400 273 397 470 519 562 602

1,450 280 408 483 533 578 618

1,500 288 419 496 548 594 635

1,550 296 430 509 562 609 652

1,600 304 442 522 576 625 669

1,650 312 453 535 591 640 685

1,700 319 464 548 605 656 702

1,750 327 475 561 620 672 719

1,800 335 486 574 634 687 735

1,850 343 497 587 648 703 752

1,900 351 509 600 663 718 769

1,950 358 520 613 677 734 785

2,000 366 531 626 691 750 802

2,050 374 542 639 706 765 819

2,100 382 554 652 720 781 835

2,150 390 565 665 735 796 852

2,200 398 576 678 749 812 869

2,250 406 587 691 763 828 886

2,300 414 599 704 778 843 902

2,350 422 610 717 792 859 919

2,400 430 621 730 807 874 936

2,450 437 632 743 821 890 952

2,500 445 643 755 835 905 968

2,550 451 653 768 848 919 984

2,600 458 663 780 862 934 1,000

2,650 465 673 792 875 949 1,015

2,700 472 683 804 888 963 1,030

2,750 477 691 814 900 975 1,043

Oklahoma Statutes - Title 43. Marriage and Family Page 99

2,800 483 700 824 911 987 1,056

2,850 489 708 834 922 999 1,069

2,900 494 716 844 933 1,011 1,082

2,950 500 725 854 944 1,023 1,095

3,000 505 733 864 955 1,035 1,107

3,050 511 741 874 966 1,047 1,120

3,100 517 749 884 977 1,059 1,133

3,150 521 756 892 986 1,069 1,143

3,200 525 761 897 992 1,075 1,150

3,250 528 766 903 998 1,081 1,157

3,300 532 771 908 1,003 1,088 1,164

3,350 535 776 913 1,009 1,094 1,170

3,400 539 780 919 1,015 1,100 1,177

3,450 543 785 924 1,021 1,107 1,184

3,500 546 790 929 1,027 1,113 1,191

3,550 550 795 935 1,033 1,119 1,198

3,600 553 800 940 1,039 1,126 1,205

3,650 557 805 945 1,045 1,132 1,211

3,700 560 809 951 1,050 1,139 1,218

3,750 564 814 956 1,056 1,145 1,225

3,800 567 819 961 1,062 1,151 1,232

3,850 571 824 966 1,068 1,158 1,239

3,900 574 828 972 1,074 1,164 1,245

3,950 577 832 977 1,079 1,170 1,252

4,000 580 837 982 1,085 1,176 1,258

4,050 583 841 987 1,090 1,182 1,265

4,100 586 845 992 1,096 1,188 1,271

4,150 589 850 997 1,102 1,194 1,278

4,200 592 854 1,002 1,107 1,200 1,284

4,250 595 859 1,007 1,113 1,206 1,291

4,300 598 863 1,012 1,119 1,213 1,297

4,350 601 867 1,017 1,124 1,219 1,304

4,400 604 872 1,023 1,130 1,225 1,311

4,450 607 876 1,028 1,136 1,231 1,317

4,500 610 880 1,033 1,141 1,237 1,324

4,550 613 885 1,038 1,147 1,243 1,330

4,600 617 890 1,044 1,154 1,250 1,338

4,650 622 897 1,052 1,162 1,260 1,348

4,700 626 903 1,059 1,171 1,269 1,358

4,750 631 910 1,067 1,179 1,278 1,368

4,800 636 916 1,075 1,188 1,287 1,377

4,850 640 923 1,082 1,196 1,296 1,387

4,900 645 930 1,090 1,205 1,306 1,397

4,950 650 936 1,098 1,213 1,315 1,407

5,000 654 943 1,105 1,222 1,324 1,417

5,050 659 950 1,113 1,230 1,333 1,427

5,100 664 956 1,121 1,239 1,343 1,437

Oklahoma Statutes - Title 43. Marriage and Family Page 100

5,150 668 963 1,129 1,247 1,352 1,446

5,200 673 969 1,136 1,256 1,361 1,456

5,250 678 976 1,144 1,264 1,370 1,466

5,300 682 982 1,151 1,272 1,379 1,475

5,350 686 987 1,157 1,279 1,386 1,483

5,400 689 992 1,163 1,285 1,393 1,490

5,450 692 997 1,168 1,291 1,400 1,498

5,500 696 1,002 1,174 1,297 1,406 1,505

5,550 699 1,007 1,180 1,304 1,413 1,512

5,600 703 1,012 1,185 1,310 1,420 1,519

5,650 706 1,017 1,191 1,316 1,427 1,527

5,700 709 1,022 1,197 1,322 1,433 1,534

5,750 713 1,027 1,203 1,329 1,441 1,542

5,800 717 1,032 1,209 1,336 1,448 1,550

5,850 721 1,038 1,216 1,343 1,456 1,558

5,900 724 1,043 1,222 1,350 1,464 1,566

5,950 728 1,049 1,228 1,357 1,471 1,574

6,000 732 1,054 1,234 1,364 1,479 1,582

6,050 736 1,060 1,241 1,371 1,487 1,591

6,100 741 1,067 1,249 1,380 1,496 1,601

6,150 746 1,074 1,257 1,389 1,506 1,612

6,200 751 1,081 1,266 1,398 1,516 1,622

6,250 756 1,088 1,274 1,407 1,526 1,633

6,300 761 1,095 1,282 1,417 1,536 1,643

6,350 765 1,102 1,290 1,426 1,545 1,653

6,400 770 1,109 1,298 1,435 1,555 1,664

6,450 775 1,116 1,306 1,444 1,565 1,674

6,500 780 1,123 1,315 1,453 1,575 1,685

6,550 785 1,130 1,323 1,462 1,584 1,695

6,600 790 1,137 1,331 1,471 1,594 1,706

6,650 795 1,144 1,339 1,480 1,604 1,716

6,700 800 1,151 1,347 1,489 1,614 1,727

6,750 805 1,158 1,355 1,498 1,623 1,737

6,800 810 1,165 1,364 1,507 1,633 1,748

6,850 815 1,172 1,372 1,516 1,643 1,758

6,900 819 1,179 1,380 1,525 1,653 1,768

6,950 824 1,186 1,388 1,534 1,663 1,779

7,000 829 1,193 1,396 1,543 1,672 1,789

7,050 834 1,200 1,404 1,552 1,682 1,800

7,100 838 1,206 1,411 1,560 1,691 1,809

7,150 842 1,211 1,418 1,567 1,698 1,817

7,200 846 1,217 1,424 1,574 1,706 1,825

7,250 850 1,222 1,430 1,581 1,713 1,833

7,300 853 1,228 1,437 1,588 1,721 1,842

7,350 857 1,233 1,443 1,595 1,729 1,850

7,400 861 1,238 1,450 1,602 1,736 1,858

7,450 864 1,244 1,456 1,609 1,744 1,866

Oklahoma Statutes - Title 43. Marriage and Family Page 101

7,500 868 1,249 1,462 1,616 1,751 1,874

7,550 872 1,254 1,469 1,623 1,759 1,882

7,600 875 1,260 1,475 1,630 1,767 1,890

7,650 879 1,265 1,481 1,637 1,774 1,899

7,700 883 1,270 1,488 1,644 1,782 1,907

7,750 887 1,276 1,494 1,651 1,790 1,915

7,800 890 1,281 1,500 1,658 1,797 1,923

7,850 894 1,287 1,507 1,665 1,805 1,931

7,900 898 1,292 1,513 1,672 1,812 1,939

7,950 901 1,297 1,519 1,679 1,820 1,947

8,000 905 1,303 1,526 1,686 1,828 1,955

8,050 909 1,308 1,532 1,693 1,835 1,964

8,100 912 1,313 1,538 1,700 1,843 1,972

8,150 916 1,319 1,545 1,707 1,850 1,980

8,200 920 1,324 1,551 1,714 1,858 1,988

8,250 924 1,330 1,557 1,721 1,866 1,996

8,300 927 1,335 1,564 1,728 1,873 2,004

8,350 931 1,340 1,570 1,735 1,881 2,012

8,400 935 1,346 1,577 1,742 1,888 2,021

8,450 938 1,351 1,583 1,749 1,896 2,029

8,500 943 1,357 1,590 1,757 1,905 2,038

8,550 949 1,363 1,597 1,765 1,913 2,047

8,600 954 1,369 1,605 1,773 1,922 2,057

8,650 959 1,375 1,612 1,781 1,931 2,066

8,700 964 1,381 1,619 1,789 1,939 2,075

8,750 969 1,387 1,626 1,797 1,948 2,084

8,800 974 1,393 1,633 1,805 1,957 2,093

8,850 979 1,399 1,641 1,813 1,965 2,103

8,900 984 1,405 1,648 1,821 1,974 2,112

8,950 989 1,411 1,655 1,829 1,982 2,121

9,000 995 1,417 1,662 1,837 1,991 2,130

9,050 1,000 1,423 1,669 1,845 2,000 2,140

9,100 1,005 1,429 1,677 1,853 2,008 2,149

9,150 1,010 1,435 1,684 1,861 2,017 2,158

9,200 1,015 1,441 1,691 1,869 2,026 2,167

9,250 1,020 1,447 1,698 1,877 2,034 2,177

9,300 1,025 1,453 1,706 1,885 2,043 2,186

9,350 1,030 1,459 1,713 1,893 2,052 2,195

9,400 1,035 1,465 1,720 1,901 2,060 2,204

9,450 1,040 1,471 1,727 1,909 2,069 2,214

9,500 1,046 1,477 1,734 1,917 2,077 2,223

9,550 1,051 1,483 1,742 1,924 2,086 2,232

9,600 1,056 1,489 1,749 1,932 2,095 2,241

9,650 1,061 1,495 1,756 1,940 2,103 2,251

9,700 1,066 1,501 1,763 1,948 2,112 2,260

9,750 1,071 1,507 1,770 1,956 2,121 2,269

9,800 1,076 1,513 1,778 1,964 2,129 2,278

Oklahoma Statutes - Title 43. Marriage and Family Page 102

9,850 1,081 1,519 1,785 1,972 2,138 2,288

9,900 1,086 1,525 1,792 1,980 2,147 2,297

9,950 1,091 1,531 1,799 1,988 2,155 2,306

10,000 1,097 1,537 1,807 1,996 2,164 2,315

10,050 1,102 1,543 1,814 2,004 2,173 2,325

10,100 1,107 1,549 1,821 2,012 2,181 2,334

10,150 1,112 1,555 1,828 2,020 2,190 2,343

10,200 1,117 1,561 1,835 2,028 2,198 2,352

10,250 1,122 1,567 1,843 2,036 2,207 2,362

10,300 1,127 1,574 1,850 2,044 2,216 2,371

10,350 1,132 1,580 1,857 2,052 2,224 2,380

10,400 1,137 1,586 1,864 2,060 2,233 2,389

10,450 1,142 1,592 1,871 2,068 2,242 2,399

10,500 1,148 1,598 1,879 2,076 2,250 2,408

10,550 1,153 1,604 1,886 2,084 2,259 2,417

10,600 1,158 1,610 1,893 2,092 2,268 2,426

10,650 1,163 1,616 1,900 2,100 2,276 2,436

10,700 1,168 1,622 1,907 2,108 2,285 2,445

10,750 1,173 1,628 1,915 2,116 2,293 2,454

10,800 1,178 1,634 1,922 2,124 2,302 2,463

10,850 1,183 1,640 1,929 2,132 2,311 2,473

10,900 1,188 1,646 1,936 2,140 2,319 2,482

10,950 1,193 1,652 1,944 2,148 2,328 2,491

11,000 1,199 1,658 1,951 2,156 2,337 2,500

11,050 1,204 1,664 1,958 2,164 2,345 2,509

11,100 1,209 1,670 1,965 2,172 2,354 2,519

11,150 1,214 1,676 1,972 2,180 2,363 2,528

11,200 1,219 1,682 1,980 2,188 2,371 2,537

11,250 1,221 1,686 1,984 2,193 2,377 2,543

11,300 1,223 1,689 1,898 2,197 2,382 2,549

11,350 1,225 1,693 1,993 2,202 2,387 2,554

11,400 1,227 1,697 1,997 2,207 2,392 2,560

11,450 1,229 1,700 2,001 2,212 2,397 2,565

11,500 1,231 1,704 2,006 2,216 2,403 2,571

11,550 1,233 1,708 2,010 2,221 2,408 2,576

11,600 1,235 1,711 2,014 2,226 2,413 2,582

11,650 1,237 1,715 2,019 2,231 2,418 2,587

11,700 1,239 1,719 2,023 2,235 2,423 2,593

11,750 1,241 1,723 2,027 2,240 2,428 2,598

11,800 1,243 1,726 2,031 2,245 2,433 2,604

11,850 1,245 1,730 2,036 2,249 2,438 2,609

11,900 1,247 1,734 2,040 2,254 2,444 2,615

11,950 1,249 1,737 2,044 2,259 2,449 2,620

12,000 1,251 1,741 2,049 2,264 2,454 2,626

12,050 1,253 1,745 2,053 2,268 2,459 2,631

12,100 1,255 1,748 2,057 2,273 2,464 2,637

12,150 1,257 1,752 2,061 2,278 2,469 2,642

Oklahoma Statutes - Title 43. Marriage and Family Page 103

12,200 1,259 1,756 2,066 2,283 2,474 2,648

12,250 1,261 1,759 2,070 2,287 2,479 2,653

12,300 1,263 1,763 2,074 2,292 2,485 2,659

12,350 1,265 1,767 2,079 2,297 2,490 2,664

12,400 1,267 1,770 2,083 2,302 2,495 2,669

12,450 1,270 1,774 2,087 2,306 2,500 2,675

12,500 1,272 1,778 2,091 2,311 2,505 2,680

12,550 1,274 1,781 2,096 2,316 2,510 2,686

12,600 1,276 1,785 2,100 2,320 2,515 2,691

12,650 1,278 1,789 2,104 2,325 2,520 2,697

12,700 1,280 1,792 2,109 2,330 2,526 2,702

12,750 1,282 1,796 2,113 2,335 2,531 2,708

12,800 1,284 1,800 2,117 2,339 2,536 2,713

12,850 1,286 1,803 2,121 2,344 2,541 2,719

12,900 1,288 1,807 2,126 2,349 2,546 2,724

12,950 1,290 1,811 2,130 2,354 2,551 2,730

13,000 1,292 1,814 2,134 2,358 2,556 2,735

13,050 1,294 1,818 2,138 2,363 2,562 2,741

13,100 1,296 1,822 2,143 2,368 2,567 2,746

13,150 1,298 1,825 2,147 2,372 2,572 2,752

13,200 1,300 1,829 2,151 2,377 2,577 2,757

13,250 1,302 1,833 2,156 2,382 2,582 2,763

13,300 1,304 1,836 2,160 2,387 2,587 2,768

13,350 1,306 1,840 2,164 2,391 2,592 2,774

13,400 1,308 1,844 2,168 2,396 2,597 2,779

13,450 1,310 1,847 2,173 2,401 2,603 2,785

13,500 1,312 1,851 2,177 2,406 2,608 2,790

13,550 1,314 1,855 2,181 2,410 2,613 2,796

13,600 1,316 1,858 2,186 2,415 2,618 2,801

13,650 1,318 1,862 2,190 2,420 2,623 2,807

13,700 1,320 1,866 2,194 2,425 2,628 2,812

13,750 1,322 1,869 2,198 2,429 2,633 2,818

13,800 1,324 1,873 2,203 2,434 2,638 2,823

13,850 1,326 1,877 2,207 2,439 2,644 2,829

13,900 1,328 1,880 2,211 2,443 2,649 2,834

13,950 1,330 1,884 2,216 2,448 2,654 2,840

14,000 1,332 1,888 2,220 2,453 2,659 2,845

14,050 1,334 1,891 2,224 2,458 2,664 2,851

14,100 1,336 1,895 2,228 2,462 2,669 2,856

14,150 1,338 1,899 2,233 2,467 2,674 2,862

14,200 1,340 1,902 2,237 2,472 2,679 2,867

14,250 1,342 1,906 2,240 2,477 2,685 2,873

14,300 1,344 1,910 2,246 2,481 2,690 2,878

14,350 1,346 1,913 2,250 2,486 2,695 2,884

14,400 1,348 1,917 2,254 2,491 2,700 2,889

14,450 1,350 1,921 2,258 2,496 2,705 2,894

14,500 1,352 1,924 2,263 2,500 2,710 2,900

Oklahoma Statutes - Title 43. Marriage and Family Page 104

14,550 1,354 1,928 2,267 2,505 2,715 2,905

14,600 1,356 1,932 2,271 2,510 2,721 2,911

14,650 1,358 1,935 2,276 2,514 2,726 2,916

14,700 1,360 1,939 2,280 2,519 2,731 2,922

14,750 1,362 1,943 2,284 2,524 2,736 2,927

14,800 1,364 1,946 2,288 2,529 2,741 2,933

14,850 1,366 1,950 2,293 2,533 2,746 2,938

14,900 1,368 1,954 2,297 2,538 2,751 2,944

14,950 1,370 1,957 2,301 2,543 2,756 2,949

15,000 1,372 1,961 2,305 2,548 2,762 2,955

B. If combined gross monthly income exceeds Fifteen Thousand

Dollars ($15,000.00), the child support shall be that amount

computed for a monthly income of Fifteen Thousand Dollars

($15,000.00) and an additional amount determined by the court.

C. If there are more than six children, the child support shall

be that amount computed for six children and an additional amount

determined by the court.
Okla. Stat. tit. 43A, § 43A-10-113 — OK Code / Title 43A / Section 43A-10-113
Sexual contact form for caretakers
Status: in_force

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.
Okla. Stat. tit. 43A, § 43A-12-101 — OK Code / Title 43A / Section 43A-12-101
Short title
Status: in_force

Sections 12-101 through 12-105 of this title shall be known and

may be cited as the “Suicide Prevention Act”.
Okla. Stat. tit. 43A, § 43A-5-303 — OK Code / Title 43A / Section 43A-5-303
Refusal to admit informal consumer - Liability
Status: in_force

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.
Okla. Stat. tit. 43A, § 43A-4-107a — OK Code / Title 43A / Section 43A-4-107a
Visitation privileges - Mail or other communication -
Status: in_force

Telephones.

A. Subject to the restrictions imposed by subsection B of this

section, a consumer in an inpatient or residential mental health

facility has the right to:

1. Receive a reasonable number of visitors at reasonable times;

2. Reasonable access to make and receive telephone calls;

3. Communicate by uncensored and sealed mail; and

4. Writing materials and reasonable amounts of postage if

unable to procure the same.

B. The rights provided in subsection A of this section are

subject to the general rules of the facility and may be restricted

by the treatment team ultimately responsible for the consumer’s

treatment to the extent that the restriction is necessary to the

consumer’s welfare, to protect another person or the security of the

facility; provided, however, the right to communicate with legal

counsel, treatment advocate, and the department may not be denied.

C. If a restriction is imposed under this section, the reasons

for the restriction and the duration of the restriction shall be

documented in the consumer’s clinical record. The treatment team

shall inform the consumer, the treatment advocate, and, if

appropriate, the consumer’s parent or guardian of the clinical

reasons for the restriction and the duration of the restriction.
Okla. Stat. tit. 43A, § 43A-100 — OK Code / Title 43A / Section 43A-100
Renumbered as § 5-203 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-902 — OK Code / Title 43 / Section 43-601-902
Application of act
Status: in_force

This act applies to proceedings begun on or after November 1,

2015, to establish a support order or determine parentage of a child

or to register, recognize, enforce or modify a prior support order,

determination or agreement whenever issued or entered.
Okla. Stat. tit. 43A, § 43A-54.4 — OK Code / Title 43A / Section 43A-54.4
Renumbered as § 5-401 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-209.2 — OK Code / Title 43 / Section 43-209.2
Parent's liability for value of child's necessaries
Status: in_force

If a parent neglects to provide articles necessary for his child

who is under his charge, according to his circumstances, a third

person may in good faith supply such necessaries and recover the

reasonable value thereof from the parent.
Okla. Stat. tit. 43, § 43-571-108 — OK Code / Title 43 / Section 43-571-108
Court order – Requirements – Custody or visitation conditions – Warrant for physical
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 6conditions – Warrant for physical custody.

A. If a petition is filed under this act, the court may enter

an order that shall include:

1. The basis for the court's exercise of jurisdiction;

2. The manner in which notice and opportunity to be heard were

given to the persons entitled to notice of the proceeding;

3. A detailed description of each party's custody and

visitation rights and residential arrangements for the child;

4. A provision stating that a violation of the order may

subject the party in violation to civil and criminal penalties; and

5. Identification of the child's country of habitual residence

at the time of the issuance of the order.

B. If, at a hearing on a petition under this act or on the

court's own motion, the court after reviewing the evidence finds a

Oklahoma Statutes - Title 43. Marriage and Family Page 170

credible risk of abduction of the child, the court shall enter an

abduction prevention order. The order shall include the provisions

required by subsection A of this section and measures and

conditions, including provisions in subsections C, D, and E of this

section, that are reasonably calculated to prevent abduction of the

child, giving due consideration to the custody and visitation rights

of the parties. The court shall consider the age of the child, the

potential harm to the child from an abduction, the legal and

practical difficulties of returning the child to the jurisdiction if

abducted, and the reasons for the potential abduction, including

evidence of domestic violence, stalking, or child abuse or neglect.

C. An abduction prevention order may include one or more of the

following:

1. An imposition of travel restrictions that require that a

party traveling with the child outside a designated geographical

area provide the other party with the following:

a. the travel itinerary of the child,

b. a list of physical addresses and telephone numbers at

which the child can be reached at specified times, and

c. copies of all travel documents;

2. A prohibition of the respondent directly or indirectly:

a. removing the child from this state, the United States,

or another geographic area without permission of the

court or the petitioner's written consent,

b. removing or retaining the child in violation of a

child custody determination,

c. removing the child from school or a child-care or

similar facility, or

d. approaching the child at any location other than a

site designated for supervised visitation;

3. A requirement that a party register the order in another

state as a prerequisite to allowing the child to travel to that

state;

4. With regard to the child's passport:

a. a direction that the petitioner place the child's name

in the United States Department of State's Child

Passport Issuance Alert Program,

b. a requirement that the respondent surrender to the

court or the petitioner's attorney any United States

or foreign passport issued in the child's name,

including a passport issued in the name of both the

parent and the child, and

c. a prohibition upon the respondent from applying on

behalf of the child for a new or replacement passport

or visa;

5. As a prerequisite to exercising custody or visitation, a

requirement that the respondent provide:

Oklahoma Statutes - Title 43. Marriage and Family Page 171

a. to the United States Department of State Office of

Children's Issues and the relevant foreign consulate

or embassy, an authenticated copy of the order

detailing passport and travel restrictions for the

child,

b. to the court:

(1) proof that the respondent has provided the

information in subparagraph a of paragraph 5 of

subsection C of this section, and

(2) an acknowledgment in a record from the relevant

foreign consulate or embassy that no passport

application has been made, or passport issued, on

behalf of the child,

c. to the petitioner, proof of registration with the

United States Embassy or other United States

diplomatic presence in the destination country and

with the Central Authority for the Hague Convention on

the Civil Aspects of International Child Abduction, if

that Convention is in effect between the United States

and the destination country, unless one of the parties

objects, and

d. a written waiver under the Privacy Act, Section 552a

of Title 5 of the United States Code, as amended, with

respect to any document, application, or other

information pertaining to the child authorizing its

disclosure to the court and the petitioner; and

6. Upon the petitioner's request, a requirement that the

respondent obtain an order from the relevant foreign country

containing terms identical to the child custody determination issued

in the United States.

D. In an abduction prevention order, the court may impose

conditions on the exercise of custody or visitation that:

1. Limit visitation or require that visitation with the child

by the respondent be supervised until the court finds that

supervision is no longer necessary and order the respondent to pay

the costs of supervision;

2. Require the respondent to post a bond or provide other

security in an amount sufficient to serve as a financial deterrent

to abduction, the proceeds of which may be used to pay for the

reasonable expenses of recovery of the child, including reasonable

attorney fees and costs if there is an abduction; and

3. Require the respondent to obtain education on the

potentially harmful effects to the child from abduction.

E. To prevent imminent abduction of a child, a court may:

1. Issue a warrant to take physical custody of the child under

Section 9 of this act or the laws of this state other than this act;

Oklahoma Statutes - Title 43. Marriage and Family Page 172

2. Direct the use of law enforcement to take any action

reasonably necessary to locate the child, obtain return of the

child, or enforce a custody determination under this act or the laws

of this state other than this act; or

3. Grant any other relief allowed under the laws of this state

other than this act.

F. The remedies provided in this act are cumulative and do not

affect the availability of other remedies to prevent abduction.
Okla. Stat. tit. 43A, § 43A-115 — OK Code / Title 43A / Section 43A-115
Renumbered as § 4-205 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-328 — OK Code / Title 43A / Section 43A-3-328
Crisis intervention support for law enforcement,
Status: in_force

firefighter, emergency medical and corrections communities.

A. Subject to the availability of funds, the Department of

Mental Health and Substance Abuse Services is hereby directed to

contract with public and private entities located in the State of

Oklahoma for the purpose of providing peer support crisis

intervention, counseling and wellness for the law enforcement,

firefighter, emergency medical and corrections communities impacted

by trauma, cumulative stress, anxiety, addictions, death and suicide

and the impact on their personal lives.

B. Qualified crisis intervention training entities shall

provide peer support teams trained in crisis intervention and

wellness strategies.

Oklahoma Statutes - Title 43A. Mental Health Page 79

C. Qualified crisis intervention training entities, as provided

for in this section, shall be required to be derived from the

International Critical Incident Stress Foundation (ICISF) and shall

employ the Critical Incident Stress Management (CISM) crisis

intervention process. All instructors that teach the Critical

Incident Stress Management process shall be ICISF approved

instructors.

D. Wellness strategies, required pursuant to this section,

shall include, but not be limited to, resilience trainings related

to resiliency for the job, emotional survival, substance abuse

prevention, suicide prevention, financial and relationship

strategies. Wellness training shall be taught using subject matter

experts' curriculum.
Okla. Stat. tit. 43A, § 43A-11-110 — OK Code / Title 43A / Section 43A-11-110
Informed consent - Examination and certification of incapacity – Conflicting
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 8

Oklahoma Statutes - Title 43A. Mental Health Page 9

Oklahoma Statutes - Title 43A. Mental Health Page 10

Oklahoma Statutes - Title 43A. Mental Health Page 11

Oklahoma Statutes - Title 43A. Mental Health Page 12incapacity – Conflicting instructions – Transfer when unable to

comply with directive.

A. The attending physician or psychologist shall continue to

obtain the declarant’s informed consent to all mental health

treatment decisions when the declarant is capable of providing

informed consent or refusal.

B. A declarant appearing to require mental health treatment

shall be examined by two persons, who shall be physicians or

psychologists. If after the examination the declarant is determined

to be incapable and is in need of mental health treatment, a written

certification, substantially in the form provided by subsection E of

this section, of the declarant’s condition shall be made a part of

the declarant’s medical record.

C. The attending physician or psychologist is authorized to act

in accordance with an operative advance directive for mental health

treatment when the declarant has been determined to be incapable and

mental health treatment is necessary. Except as otherwise provided

by this act with regard to conflicting instructions in an advance

directive for mental health treatment:

1. An attending physician or psychologist and any other

physician or psychologist under the attending physician’s or

psychologist’s direction or control, having possession of the

declaration of the consumer or having knowledge that the declaration

is part of the medical record of the consumer, shall follow as

closely as possible the terms of the declaration.

2. An attending physician or psychologist and any other

physician or psychologist under the attending physician’s direction

or control, having possession of the appointment of the consumer of

an attorney-in-fact or having knowledge of the appointment of an

attorney-in-fact, shall follow as closely as possible the

instruction of the attorney-in-fact.

D. An attending physician or psychologist who is unable to

comply with the terms of the declaration of the consumer shall make

the necessary arrangements to transfer the patient and the

appropriate medical records without delay to another physician or

psychologist.

1. A physician or psychologist who transfers the consumer

without unreasonable delay, or who makes a good faith attempt to do

so, shall not be subject to criminal prosecution or civil liability,

and shall not be found to have committed an act of unprofessional

conduct for refusal to comply with the terms of the declaration.

Transfer under these circumstances shall not constitute abandonment.

Oklahoma Statutes - Title 43A. Mental Health Page 244

2. The failure of an attending physician or psychologist to

transfer in accordance with this subsection shall constitute

professional misconduct.

E. The following certification of the examination of a

declarant determining whether the declarant is in need of mental

health treatment and whether the declarant is or is not incapable

may be utilized by examiners:

EXAMINER’S CERTIFICATION

We, the undersigned, have made an examination of

_______________, and do hereby certify that we made a careful

personal examination of the actual condition of the person and on

such examination we find that _____________________:

1. (Is) (Is not) in need of mental health treatment; and

2. (Is) (Is not) incapable to participate in decisions about

(her) (his) mental health 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.

According to the advance directive for mental health treatment,

(name of consumer)_________________________________________, wishes

to receive mental health treatment in accordance with the

preferences and instructions stated in the advance directive for

mental health treatment.

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 _____________, 20__

___________________, M.D., D.O., Ph.D., Other

___________________, M.D., D.O., Ph.D., Other

Subscribed and sworn to before me this _______________________

day of ________________, 20__

__________________________________________

Notary Public

REPORT OF SYMPTOMS AND HISTORY OF

CASE BY EXAMINERS

1. GENERAL

Complete name ________________________________________________

Place of residence ___________________________________________

Sex _______________ Color ________________

Age _______________

Date of Birth ________________________________________________

2. STATEMENT OF FACTS AND CIRCUMSTANCES

Our determination that the declarant (is) (is not) in need for

mental health treatment is based on the following:

________________________________________________________

__________________________________________________________________

Oklahoma Statutes - Title 43A. Mental Health Page 245

Our determination that the declarant (is) (is not) incapable of

participating in mental health treatment decisions is based on the

following:________________________________________________________

__________________________________________________________________

3. NAME AND RELATIONSHIPS OF FAMILY MEMBERS/OTHERS TO BE NOTIFIED

Other data ___________________________________________________

Dated at _____________, Oklahoma, this __________ day of

___________________, 20__

_____________, M.D., D.O., Ph.D., Other

_______________________________________

Address

_____________, M.D., D.O., Ph.D., Other

_______________________________________

Address
Okla. Stat. tit. 43A, § 43A-2-312.4 — OK Code / Title 43A / Section 43A-2-312.4
Request for proposals for funds
Status: in_force

A. Subject to availability of funds under Section 2-312.1 of

this title, the Department of Mental Health and Substance Abuse

Services shall annually issue a request for proposals by which

county governments or multi-county partnerships may apply for funds

for the development and implementation of evidence-based:

1. Mental health and substance abuse treatment programs or

other health care programs provided in the community;

2. Pretrial diversion programs, mental health and substance use

jail intake screenings, or jail reentry programs;

3. Employment programs;

4. Education programs; or

5. Housing programs.

B. The request for proposals shall include, but not be limited

to, the proposed services, number of individuals to be served by the

proposed services or programs, and the manner in which the services

or programs will partner with or be supported by local Department-

contracted or -certified entities.

C. For a proposal to be considered, the applying county

government or multi-county partnership must submit all necessary

documents to meet the requirements outlined in the request for

proposals.

D. The number of awards and funding amounts of each award shall

be at the discretion of the Department and shall be based on total

available funds, total county population, and the criteria in

subsection B of this section. Each county government or multi-

county partnership shall be allocated at least half of one percent

(0.5%) of the total amount appropriated for the award cycle.

Oklahoma Statutes - Title 43A. Mental Health Page 54

E. The Department shall submit an annual report to the

President Pro Tempore of the Senate and the Speaker of the House of

Representatives that includes the amount awarded to each county

government or multi-county partnership and a summary of services

provided by each county government or multi-county partnership.

F. The Board of Mental Health and Substance Abuse Services

shall promulgate rules to implement the provisions of this section

and Sections 2-312.1, 2-312.2, and 2-312.3 of this title including,

but not limited to, rules that set qualifications for programs

eligible to receive funds under this section.
Okla. Stat. tit. 43A, § 43A-4-202 — OK Code / Title 43A / Section 43A-4-202
Amount payable for care and treatment - Inability to
Status: in_force

pay.

The amount payable for care and treatment shall be determined by

the Commissioner subject to the approval of the Board. At no time

shall a person be refused care and treatment because of inability to

pay.
Okla. Stat. tit. 43A, § 43A-505 — OK Code / Title 43A / Section 43A-505
Renumbered as § 6-205 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-306.1 — OK Code / Title 43A / Section 43A-3-306.1
Certification as community mental health center
Status: in_force

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of a facility

or organization that desires to be certified as a community mental

health center. No community mental health center shall operate or

continue to operate unless the facility complies with the rules and

Oklahoma Statutes - Title 43A. Mental Health Page 66

standards promulgated by the Board and is certified as required by

this section.

B. Applications for certification as a community mental health

center shall be made to the Department of Mental Health and

Substance Abuse Services on prescribed forms. The Board, or the

Commissioner of Mental Health and Substance Abuse Services upon

delegation by the Board, may certify the community mental health

centers for a period of three (3) years subject to renewal as

provided in the rules promulgated by the Board.

C. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of community mental health centers as

provided in Section 3-324 of this title.

D. Certified community mental health centers shall comply with

standards adopted by the Board. Such standards shall be in

compliance with:

1. The Joint Commission on Accreditation of Healthcare

Organizations;

2. The Commission on Accreditation of Rehabilitation

Facilities; or

3. Approved medical and professional standards as determined by

the Board.

E. Failure to comply with rules and standards promulgated by

the Board shall be grounds for revocation, suspension or nonrenewal

of certification.
Okla. Stat. tit. 43, § 43-601-612 — OK Code / Title 43 / Section 43-601-612
Recognition of order modified in another state
Status: in_force

If a child support order issued by a tribunal of this state is

modified by a tribunal of another state which assumed jurisdiction

pursuant to the Uniform Interstate Family Support Act, a tribunal of

this state:

1. May enforce its order that was modified only as to arrears

and interest accruing before the modification;

2. May provide appropriate relief for violations of its order

which occurred before the effective date of the modification; and

3. Shall recognize the modifying order of the other state, upon

registration, for the purpose of enforcement.
Okla. Stat. tit. 43, § 43-601-901 — OK Code / Title 43 / Section 43-601-901
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration shall

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 43, § 43-113 — OK Code / Title 43 / Section 43-113
Preference of child – Record of interview
Status: in_force

A. In any action or proceeding in which a court must determine

custody or limits to or periods of visitation, the child may express

a preference as to which of the parents the child wishes to have

custody or limits to or periods of visitation.

B. The court shall first determine whether the best interest of

the child will be served by allowing the child to express a

preference as to which parent should have custody or limits to or

periods of visitation with either parent. If the court so finds,

then the child may express such preference or give other testimony.

C. There shall be a rebuttable presumption that a child who is

twelve (12) years of age or older is of a sufficient age to form an

intelligent preference.

D. If the child is of a sufficient age to form an intelligent

preference, the court shall consider the expression of preference or

other testimony of the child in determining custody or limits to or

periods of visitation. Interviewing the child does not diminish the

discretion of the court in determining the best interest of the

Oklahoma Statutes - Title 43. Marriage and Family Page 73

child. The court shall not be bound by the child's choice or wishes

and shall take all factors into consideration in awarding custody or

limits of or period of visitation.

E. If the child is allowed to express a preference or give

testimony, the court may conduct a private interview with the child

in chambers without the parents, attorneys or other parties present.

However, if the court has appointed a guardian ad litem for the

child, the guardian ad litem shall be present with the child in

chambers. The parents, attorneys or other parties may provide the

court with questions or topics for the court to consider in its

interview of the child; however, the court shall not be bound to ask

any question presented or explore any topic requested by a parent,

attorney or other party.

F. At the request of either party, a record shall be made of

any child interview conducted in chambers. If the proceeding is

transcribed, the parties shall be entitled to access to the

transcript only if a parent or the parents appeal the custody or

visitation determination.
Okla. Stat. tit. 43, § 43-123 — OK Code / Title 43 / Section 43-123
Remarriage and cohabitation - Appeal from judgment
Status: in_force

It shall be unlawful for either party to an action for divorce

whose former husband or wife is living to marry in this state a

person other than the divorced spouse within six (6) months from

date of decree of divorce granted in this state, or to cohabit with

such other person in this state during said period if the marriage

took place in another state; and if an appeal be commenced from said

decree, it shall be unlawful for either party to such cause to marry

any other person and cohabit with such person in this state until

Oklahoma Statutes - Title 43. Marriage and Family Page 112

the expiration of thirty (30) days from the date on which final

judgment shall be rendered pursuant to such appeal. Any person

violating the provisions of this section by such marriage shall be

deemed guilty of the Class D1 felony offense of bigamy and shall be

punished as provided for in subsections B through F of Section 20N

of Title 21 of the Oklahoma Statutes. Any person violating the

provisions of this section by such cohabitation shall be deemed

guilty of the Class D1 felony offense of adultery and shall be

punished as provided for in subsections B through F of Section 20N

of Title 21 of the Oklahoma Statutes.

An appeal from a judgment granting or denying a divorce shall be

made in the same manner as in any other civil case.

R.L. 1910, § 4971. Amended by Laws 1925, c. 119, p. 166, § 1; Laws

1957, p. 82, § 1; Laws 1969, c. 322, § 1; Laws 1970, c. 5, § 1, eff.

Jan. 1, 1971. Renumbered from Title 12, § 1280 by Laws 1989, c.

333, § 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 133, § 462,

eff. July 1, 1999; Laws 2025, c. 486, § 507, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 462 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 43A, § 43A-809 — OK Code / Title 43A / Section 43A-809
Renumbered as § 10-109 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-52.1 — OK Code / Title 43A / Section 43A-52.1
Renumbered as § 5-205 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-621.2 — OK Code / Title 43A / Section 43A-621.2
Renumbered as § 3-311 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-118 — OK Code / Title 43 / Section 43-118
Child support guidelines
Status: in_force

A. There shall be a rebuttable presumption in any judicial or

administrative proceeding for the award of child support, that the

amount of the award which would result from the application of the

following guidelines is the correct amount of child support to be

awarded.

B. The Schedule of Basic Child Support Obligations assumes that

all families incur certain child-rearing expenses and includes in

the basic child support obligation an average amount to cover these

expenses for various levels of the parents' combined income and

number of children, comprised of housing, food, transportation,

basic public educational expenses, clothing, and entertainment.
Okla. Stat. tit. 43, § 43-424 — OK Code / Title 43 / Section 43-424
Forms for petition and court order - Modification of
Status: in_force

visitation rights.

A. The Office of the Court Administrator shall develop:

1. A form for use in petitioning the court for inclusion in the

child visitation registry which shall be distributed to all court

clerk offices; and

2. A form for the court's order requiring participation in the

registry. This form shall provide for the following:

a. a requirement that a copy of the order be given to

each parent, the child visitation registry agency, and

court file,

b. a determination of who is authorized to pick up or

deliver a child to the child visitation registry

Oklahoma Statutes - Title 43. Marriage and Family Page 141

agency. The list may include, but is not limited to,

parents, stepparents, and grandparents,

c. a determination of when the participants shall meet to

pick up or deliver a child to the child visitation

registry agency. This decision shall include specific

days of the week and time periods,

d. the date when participation in the program shall begin

or end, and

e. a requirement that the participant delivering the

child to the registry must wait at the agency and sign

out after the participant picking up the child has

departed from the agency.

B. If a parent, or other person with custody, is habitually

late to pick up or deliver the child or children, the court may,

upon proper notice, consider reducing or canceling visitation

temporarily or permanently.
Okla. Stat. tit. 43A, § 43A-7-101 — OK Code / Title 43A / Section 43A-7-101
Discharge or permission to leave facility - Outpatient
Status: in_force

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

Oklahoma Statutes - Title 43A. Mental Health Page 189

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

Oklahoma Statutes - Title 43A. Mental Health Page 190

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

Oklahoma Statutes - Title 43A. Mental Health Page 191

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.
Okla. Stat. tit. 43, § 43-601-714 — OK Code / Title 43 / Section 43-601-714
Renumbered as § 601-902 of this title by Laws 2016, c
Status: in_force

148, § 28, eff. Nov. 1, 2016.
Okla. Stat. tit. 43A, § 43A-4-201 — OK Code / Title 43A / Section 43A-4-201
Liability of consumer and estate for cost of care and
Status: in_force

treatment.

A consumer at a facility within the Department of Mental Health

and Substance Abuse Services is liable for his or her care and

treatment. This claim of the state for such care and treatment

shall constitute a valid indebtedness against any such consumer and

the estate of the consumer and shall not be barred by any statute of

limitations. At the death of the consumer this claim shall be

allowed and paid as other lawful claims against the estate.

Provided, further that no admission or detention of a consumer in a

state facility shall be limited or conditioned in any manner by the

financial status or ability to pay of a consumer, the estate of the

consumer, or any relative of the consumer.

Oklahoma Statutes - Title 43A. Mental Health Page 110
Okla. Stat. tit. 43A, § 43A-18.1 — OK Code / Title 43A / Section 43A-18.1
Renumbered as § 2-208 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-215 — OK Code / Title 43 / Section 43-215
Agreement respecting rights acquired under community
Status: repealed

property law - Recording - Limitation barring action to recover

interest.

Within one (1) year from the effective date of this act, any

husband and wife whose property or income was subject to the terms

Oklahoma Statutes - Title 43. Marriage and Family Page 136

of the act repealed by the foregoing section, may enter into a

recordable agreement, specifying the rights acquired by either or

each of them under the terms of said act, altering those rights if

they so desire, and describing the property affected, and may record

the agreement in the office of the county clerk of their residence

and in the office of the county clerk of each county where any of

the affected property may be located. Should any husband and wife

be unable to reach such an agreement, either may file an action in

the district court of the county of the residence of either of them

for a determination of the rights as acquired under the repealed

act, and a certified copy of the judgment may thereupon be recorded

in each county in which any of the affected property is located. The

failure to make and record such an agreement, or to file such an

action within one (1) year and record the judgment in due course

thereafter, and in any event within three (3) years from the

effective date of this act, shall bar the husband or wife whose

title or interest does not appear of record, or who is not

separately in possession of the property, from any claim or interest

in the property as against third persons acquiring any interest

therein. After three (3) years from the effective date of this act,

no action or proceeding of any character shall be brought to

establish or recover an interest in property based upon the terms of

the act repealed, unless the interest has previously been

established of record, as hereinabove provided.Oklahoma Statutes - Title 43. Marriage and Family Page 4

Oklahoma Statutes - Title 43. Marriage and Family Page 5
Okla. Stat. tit. 43, § 43-601-608 — OK Code / Title 43 / Section 43-601-608
Confirmed order
Status: in_force

Confirmation of a registered support order, whether by operation

of law or after notice and hearing, precludes further contest of the

order with respect to any matter that could have been asserted at

the time of registration.
Okla. Stat. tit. 43A, § 43A-10-103 — OK Code / Title 43A / Section 43A-10-103
Definitions
Status: in_force

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,

Oklahoma Statutes - Title 43A. Mental Health Page 200

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,

Oklahoma Statutes - Title 43A. Mental Health Page 201

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;

Oklahoma Statutes - Title 43A. Mental Health Page 202

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

Oklahoma Statutes - Title 43A. Mental Health Page 203

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.
Okla. Stat. tit. 43A, § 43A-3-425.1 — OK Code / Title 43A / Section 43A-3-425.1
HIV education, testing and counseling services
Status: in_force

Every approved treatment facility in this state shall:

1. Provide Human Immunodeficiency Virus (H.I.V.) infection

education sessions to drug-dependent persons in such facility and

shall make said education sessions available to the spouses or other

sexual partners of such persons as part of its treatment program for

drug-dependent persons; and

2. Refer all drug-dependent persons in its program for Human

Immunodeficiency Virus (H.I.V.) infection testing and counseling.

The treatment facility shall provide assistance as necessary to

enable drug-dependent persons in its program to receive said testing

and counseling services and may enter into a contract with a public

or private organization for the provision of testing or counseling

services at the treatment facility site. The results of individual

tests shall be maintained in a confidential manner as required by

state and federal law.
Okla. Stat. tit. 43, § 43-601-318 — OK Code / Title 43 / Section 43-601-318
Assistance with discovery
Status: in_force

A tribunal of this state may:

1. Request a tribunal outside this state to assist in obtaining

discovery; and

2. Upon request, compel a person over which it has jurisdiction

to respond to a discovery order issued by a tribunal outside this

state.
Okla. Stat. tit. 43A, § 43A-2-310 — OK Code / Title 43A / Section 43A-2-310
Intra-agency Reimbursement Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Mental Health and Substance Abuse Services to

be designated the "Intra-agency Reimbursement Revolving Fund". The

fund shall be a continuing fund not subject to fiscal year

limitations. Revenues to the fund shall consist only of intra-

agency payments from the allocation of operating costs among

budgeted activities. All monies accruing to the credit of said fund

Oklahoma Statutes - Title 43A. Mental Health Page 51

are hereby appropriated and may be budgeted and expended by the

Department of Mental Health and Substance Abuse Services for

operating expenses of the Department of Mental Health and Substance

Abuse Services. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 43A, § 43A-3-405 — OK Code / Title 43A / Section 43A-3-405
Expenditure of funds
Status: in_force

The Commissioner of the Department of Mental Health and

Substance Abuse Services may use any monies appropriated to the

agency to fund or assist in funding expenditures of the Board of

Mental Health and Substance Abuse Services which are necessary to

perform the duties imposed upon the Board by law.
Okla. Stat. tit. 43A, § 43A-31.8 — OK Code / Title 43A / Section 43A-31.8
Renumbered as § 3-107 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-316 — OK Code / Title 43 / Section 43-601-316
Special rules of evidence and procedure
Status: in_force

A. The physical presence of a nonresident party who is an

individual in a tribunal of this state is not required for the

establishment, enforcement, or modification of a support order or

the rendition of a judgment determining parentage of a child.

B. An affidavit, a document substantially complying with

federally mandated forms, or a document incorporated by reference in

any of them, which would not be excluded under the hearsay rule if

given in person, is admissible in evidence if given under penalty of

perjury by a party or witness residing outside this state.

C. A copy of the record of child support payments certified as

a true copy of the original by the custodian of the record may be

forwarded to a responding tribunal. The copy is evidence of facts

asserted in it, and is admissible to show whether payments were

made.

D. Copies of bills for testing for parentage of a child, and

for prenatal and postnatal health care of the mother and child,

furnished to the adverse party at least ten (10) days before trial,

are admissible in evidence to prove the amount of the charges billed

and that the charges were reasonable, necessary, and customary.

E. Documentary evidence transmitted from outside this state to

a tribunal of this state by telephone, telecopier, or other

electronic means that do not provide an original record may not be

excluded from evidence on an objection based on the means of

transmission.

F. In a proceeding under this act, a tribunal of this state

shall permit a party or witness residing outside this state to be

deposed or to testify under penalty of perjury by telephone,

audiovisual means, or other electronic means at a designated

tribunal or other location. A tribunal of this state shall

cooperate with other tribunals in designating an appropriate

location for the deposition or testimony.

G. If a party called to testify at a civil hearing refuses to

answer on the ground that the testimony may be self-incriminating,

the trier of fact may draw an adverse inference from the refusal.

H. A privilege against disclosure of communications between

spouses does not apply in a proceeding under this act.

I. The defense of immunity based on the relationship of husband

and wife or parent and child does not apply in a proceeding under

this act.

J. A voluntary acknowledgment of paternity, certified as a true

copy, is admissible to establish parentage of the child.

Oklahoma Statutes - Title 43. Marriage and Family Page 191
Okla. Stat. tit. 43, § 43-551-210 — OK Code / Title 43 / Section 43-551-210
Appearance of parties and child
Status: in_force

APPEARANCE OF PARTIES AND CHILD

A. In a child custody proceeding in this state, the court may

order a party to the proceeding who is in this state to appear

before the court in person with or without the child. The court may

order any person who is in this state and who has physical custody

or control of the child to appear in person with the child.

B. If a party to a child custody proceeding whose presence is

desired by the court is outside this state, the court may order that

a notice given pursuant to Section 8 of this act include a statement

directing the party to appear in person with or without the child

and informing the party that failure to appear may result in a

decision adverse to the party.

C. The court may enter any orders necessary to ensure the

safety of the child and of any person ordered to appear under this

section.

D. If a party to a child custody proceeding who is outside this

state is directed to appear under subsection B of this section or

desires to appear personally before the court with or without the

child, the court may require another party to pay reasonable and

necessary travel and other expenses of the party so appearing and of

the child.
Okla. Stat. tit. 43A, § 43A-5-521 — OK Code / Title 43A / Section 43A-5-521
Pilot projects for community-based system of care
Status: in_force

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.
Okla. Stat. tit. 43, § 43-119.1 — OK Code / Title 43 / Section 43-119.1
Legislative review of child support guidelines and
Status: in_force

schedule of basic child support obligations.

A. The child support guidelines and schedule of basic child

support obligations shall be reviewed at least once every four (4)

years by the Judiciary Committees of the Senate and the House of

Representatives to ensure that their application results in the

determination of appropriate child support award amounts.

B. In conducting the review required pursuant to subsection A

of this section, the Judiciary Committees shall:

1. Obtain from the Title IV-D Child Support Program in the

Department of Human Services economic data on the cost of raising a

child, labor market data, case data and case analysis. The

Department shall promulgate rules as needed to implement the

provisions of this paragraph;

2. Provide opportunity for public input from persons including,

but not limited to, low-income custodial and noncustodial parents

and their representatives; and

3. Publish on the official websites of the Senate and the House

of Representatives information related to the review including, but

not limited to, the membership of the committees conducting the

review, the effective date of the guidelines and the date of the

next review.Oklahoma Statutes - Title 43. Marriage and Family Page 2
Okla. Stat. tit. 43A, § 43A-1-102 — OK Code / Title 43A / Section 43A-1-102
Purpose of law
Status: in_force

A. The purpose of the Mental Health Law is to provide for the

humane care and treatment of persons who:

1. Are mentally ill; or

2. Require treatment for drug or alcohol abuse.

B. All such residents of this state are entitled to care and

treatment in accordance with the appropriate standard of care.
Okla. Stat. tit. 43A, § 43A-10-105.1 — OK Code / Title 43A / Section 43A-10-105.1
Notice of investigation – Consent of vulnerable
Status: in_force

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,

Oklahoma Statutes - Title 43A. Mental Health Page 214

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,

Oklahoma Statutes - Title 43A. Mental Health Page 215

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.
Okla. Stat. tit. 43, § 43-112.5 — OK Code / Title 43 / Section 43-112.5
Custody or guardianship - Order of preference - Death of
Status: in_force

custodial parent - Preference of child - Evidence of domestic abuse

- Registered sex offenders.

A. Custody or guardianship of a child may be awarded to:

1. A parent or to both parents jointly;

2. A grandparent;

3. A person who was indicated by the wishes of a deceased

parent;

4. A relative of either parent;

Oklahoma Statutes - Title 43. Marriage and Family Page 68

5. The person in whose home the child has been living in a

wholesome and stable environment including, but not limited to, a

foster parent; or

6. Any other person deemed by the court to be suitable and able

to provide adequate and proper care and guidance for the child.

B. In applying subsection A of this section, a court shall

award custody or guardianship of a child to a parent, unless a

nonparent proves by clear and convincing evidence that:

1. For a period of at least twelve (12) months out of the last

fourteen (14) months immediately preceding the commencement of the

custody or guardianship proceeding, the parent has willfully failed,

refused, or neglected to contribute to the support of the child:

a. in substantial compliance with a support provision or

an order entered by a court of competent jurisdiction

adjudicating the duty, amount, and manner of support,

or

b. according to the financial ability of the parent to

contribute to the support of the child if no provision

for support is entered by a court of competent

jurisdiction, or an order of modification subsequent

thereto.

For purposes of this paragraph, incidental or token financial

contributions shall not be considered in establishing whether a

parent has satisfied his or her obligation under subparagraphs a and

b of this paragraph; or

2. a. the child has been left in the physical custody of a

nonparent by a parent or parents of the child for one

(1) year or more, excluding parents on active duty in

the military, and

b. the parent or parents have not maintained regular

visitation or communication with the child.

For purposes of this paragraph, incidental or token visits or

communications shall not be considered in determining whether a

parent or parents have regularly maintained visitation or

communication.

C. In applying subsection A of this section, a court shall

award custody or guardianship of a child to a parent, unless the

court finds that the parent is affirmatively unfit. There shall be

a rebuttable presumption that a parent is affirmatively unfit if the

parent:

1. Is or has been subject to the registration requirements of

the Oklahoma Sex Offenders Registration Act or any similar act in

any other state, except as provided in subsection D of this section;

2. Has been convicted of a crime listed in Section 582 of Title

57 of the Oklahoma Statutes;

3. Is an alcohol-dependent person or a drug-dependent person as

established by clear and convincing evidence and who can be expected

Oklahoma Statutes - Title 43. Marriage and Family Page 69

in the near future to inflict or attempt to inflict serious bodily

harm to himself or herself or another person as a result of such

dependency;

4. Has been convicted of domestic abuse within the past five

(5) years;

5. Is residing with a person who is or has been subject to the

registration requirements of the Oklahoma Sex Offenders Registration

Act or any similar act in any other state;

6. Is residing with a person who has been convicted of a crime

listed in Section 843.5 of Title 21 or in Section 582 of Title 57 of

the Oklahoma Statutes;

7. Is residing with a person who has been convicted of domestic

abuse within the past five (5) years; or

8. Has been convicted of a crime listed in the Oklahoma Child

Abuse Reporting and Prevention Act.

D. In applying subsection A of this section, a court shall not

award custody or guardianship of a child to any person who has been

convicted, whether upon a verdict or plea of guilty or upon a plea

of nolo contendere, or received a suspended sentence or any

probationary term, or is currently serving a sentence or any form of

probation or parole in a court in any state of any of the following

crimes:

1. Sexual abuse or sexual exploitation of a child, Section

843.5 of Title 21 of the Oklahoma Statutes;

2. Child endangerment, if the offense involved sexual abuse of

a child, Section 852.1 of Title 21 of the Oklahoma Statutes;

3. Kidnapping, if the offense involved sexual abuse or sexual

exploitation of a child, Section 741 of Title 21 of the Oklahoma

Statutes;

4. Incest, Section 885 of Title 21 of the Oklahoma Statutes;

5. Forcible sodomy of a child, Section 888 of Title 21 of the

Oklahoma Statutes;

6. Child stealing, if the offense involved sexual abuse or

sexual exploitation, Section 891 of Title 21 of the Oklahoma

Statutes;

7. Procuring minors for participation in child sexual abuse

material, Section 1021.2 of Title 21 of the Oklahoma Statutes;

8. Consent to participation of minors in child sexual abuse

material, Section 1021.3 of Title 21 of the Oklahoma Statutes;

9. Facilitating, encouraging, offering or soliciting sexual

conduct with a minor by use of technology, Section 1040.13a of Title

21 of the Oklahoma Statutes;

10. Distributing child sexual abuse material, Section 1040.13

of Title 21 of the Oklahoma Statutes;

11. Possession, purchase or procurement of child sexual abuse

material, Section 1024.2 of Title 21 of the Oklahoma Statutes;

Oklahoma Statutes - Title 43. Marriage and Family Page 70

12. Aggravated possession of child sexual abuse material,

Section 1040.12a of Title 21 of the Oklahoma Statutes;

13. Procuring a child under eighteen (18) years of age for

prostitution, Section 1087 of Title 21 of the Oklahoma Statutes;

14. Inducing, keeping, detaining or restraining a child under

eighteen (18) years of age for prostitution, Section 1088 of Title

21 of the Oklahoma Statutes;

15. First degree rape, Section 1114 of Title 21 of the Oklahoma

Statutes;

16. Lewd or indecent proposals or acts to a child under sixteen

(16) years of age, Section 1123 of Title 21 of the Oklahoma

Statutes; or

17. Solicitation of minors in any crime provided in subsection

B of Section 1021 of Title 21 of the Oklahoma Statutes.

E. Subject to subsection F of this section, a custody

determination made in accordance with subsections B and C of this

section shall not be modified unless the person seeking the

modification proves that:

1. Since the making of the order sought to be modified, there

has been a permanent, material, and substantial change of conditions

that directly affects the best interests of the child; and

2. That as a result of such change of circumstances, the child

would be substantially better off with regard to its temporal,

mental, and moral welfare if custody were modified.

F. If the custody determination made in accordance with

subsections B and C of this section indicates that custody is

temporary, the determination may be modified upon a showing that the

conditions which led to the custody or guardianship determination no

longer exist.
Okla. Stat. tit. 43A, § 43A-5-301 — OK Code / Title 43A / Section 43A-5-301
Citation
Status: in_force

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".
Okla. Stat. tit. 43, § 43-212 — OK Code / Title 43 / Section 43-212
Contracts binding on both - Liability for acts - Suits and
Status: in_force

proceedings.

All contracts, sales or encumbrances made by either husband or

wife by virtue of the power contemplated and granted by order of the

court as provided in the preceding section, shall be binding on

both, and during such absence or imprisonment the person acting

under such power may sue and be sued thereon, and for all acts done

the property of both shall be liable, and execution may be levied or

attachment issued thereon according to statute. No suit or

proceedings shall abate or be in any wise affected by the return or

release of the person confined, but he or she may be permitted to

prosecute or defend jointly with the other.
Okla. Stat. tit. 43A, § 43A-10-110 — OK Code / Title 43A / Section 43A-10-110
Confidentiality of records and reports
Status: in_force

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;

Oklahoma Statutes - Title 43A. Mental Health Page 227

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

Oklahoma Statutes - Title 43A. Mental Health Page 228

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.
Okla. Stat. tit. 43A, § 43A-7-102 — OK Code / Title 43A / Section 43A-7-102
Discharge planning and assistance
Status: in_force

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,

Oklahoma Statutes - Title 43A. Mental Health Page 192

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.
Okla. Stat. tit. 43, § 43-8 — OK Code / Title 43 / Section 43-8
Endorsement and return of license
Status: in_force

A. The person performing or solemnizing the marriage ceremony

shall, immediately upon the completion of the ceremony, endorse upon

the license authorizing the marriage:

1. His or her name and official or clerical designation;

2. The court of which he or she is the judge, or the

congregation or body of which he or she is pastor, preacher,

minister, priest, rabbi or dignitary; provided, that the authority

to perform or solemnize marriages shall be coextensive with the

congregation or body of which he or she is pastor, preacher,

minister, priest, rabbi or dignitary; provided further, that all

marriages solemnized among the society called Friends or Quakers,

the spiritual assembly of the Baha'is, or the Church of Jesus Christ

of Latter Day Saints, in the form heretofore practiced and in use in

their meetings shall be good and valid. One person chosen by such

society, assembly, or church shall be responsible for completing the

marriage certificate pursuant to this section in the same manner as

a minister or other person authorized to perform marriages;

3. The town or city and county where the court, congregation,

body, society, assembly, or church is located; and

4. His or her signature along with his or her official or

clerical designation.

B. The witnesses to the ceremony shall endorse the marriage

certificate, attesting to their presence at the ceremony, with their

names and post office addresses.

C. The persons who have been married in the ceremony shall

endorse the marriage certificate with the names by which they are to

be known from the time of the marriage, as evidenced on the marriage

license.

D. The marriage license, along with the completed marriage

certificate shall be transmitted to the court clerk who issued the

license and certificate for recording within the time period

required in Section 20 of this title.

R.L. 1910, § 3890. Amended by Laws 1971, c. 298, § 2, emerg. eff.

June 24, 1971; Laws 1989, c. 333, § 4, eff. Nov. 1, 1989; Laws 2006,

c. 311, § 4, emerg. eff. June 8, 2006; Laws 2022, c. 241, § 4, eff.

Nov. 1, 2022.
Okla. Stat. tit. 43, § 43-551-110 — OK Code / Title 43 / Section 43-551-110
Communication between courts
Status: in_force

COMMUNICATION BETWEEN COURTS

A. A court of this state may communicate with a court in

another state concerning a proceeding arising under this act.

B. The court may allow the parties to participate in the

communication. If the parties are not able to participate in the

communication, they must be given the opportunity to present facts

and legal arguments before a decision on jurisdiction is made.

C. Communication between courts on schedules, calendars, court

records, and similar matters may occur without informing the

parties. A record need not be made of the communication.

D. Except as otherwise provided in subsection C of this

section, a record must be made of a communication under this

section. The parties must be informed promptly of the communication

and granted access to the record.

E. For the purposes of this section, "record" means information

that is inscribed on a tangible medium or that is stored in an

electronic or other medium and is retrievable in perceivable form.
Okla. Stat. tit. 43A, § 43A-111 — OK Code / Title 43A / Section 43A-111
Renumbered as § 4-201 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-1-104 — OK Code / Title 43A / Section 43A-1-104
Public policy
Status: in_force

The Oklahoma Legislature hereby declares that the public policy

of this state is to assure adequate treatment of persons alleged to

be in need of mental health treatment or treatment for drug or

alcohol abuse, to establish behavioral standards for determination

of dangerousness of persons in need of such treatment, to allow for

the use of the least restrictive alternative in the determination of

the method of treatment, to provide orderly and reliable procedures

for commitment of persons alleged to be in need of treatment

consistent with due process of law, and to protect the rights of

consumers hospitalized pursuant to law.
Okla. Stat. tit. 43, § 43-601-705 — OK Code / Title 43 / Section 43-601-705
Direct request for establishment or modification -
Status: in_force

Direct request for recognition and enforcement

A. A petitioner may file a direct request seeking establishment

or modification of a support order or determination of parentage of

a child. In the proceeding, the law of this state applies.

B. A petitioner may file a direct request seeking recognition

and enforcement of a support order or support agreement. In the

proceeding, Sections 601-706 through 601-713 of this title apply.

C. In a direct request for recognition and enforcement of a

Convention support order or foreign support agreement:

1. A security, bond or deposit is not required to guarantee the

payment of costs and expenses; and

2. An obligee or obligor that in the issuing country has

benefited from free legal assistance is entitled to benefit, at

Oklahoma Statutes - Title 43. Marriage and Family Page 205

least to the same extent, from any free legal assistance provided

for by the law of this state under the same circumstances.

D. A petitioner filing a direct request is not entitled to

assistance from the Oklahoma Department of Human Services.

E. This article does not prevent the application of laws of

this state that provide simplified, more expeditious rules regarding

a direct request for recognition and enforcement of a foreign

support order or foreign support agreement.
Okla. Stat. tit. 43, § 43-132 — OK Code / Title 43 / Section 43-132
Parties may testify
Status: in_force

In any action for divorce hereafter tried, the parties thereto,

or either of them, shall be competent to testify in like manner,

respecting any fact necessary or proper to be proven, as parties to

other civil actions are allowed to testify.
Okla. Stat. tit. 43, § 43-601-604 — OK Code / Title 43 / Section 43-601-604
Law, procedures and remedies to be applied
Status: in_force

A. Except as otherwise provided in subsection D of this

section, the law of the issuing state or a foreign country governs:

Oklahoma Statutes - Title 43. Marriage and Family Page 197

1. The nature, extent, amount, and duration of current payments

under a registered support order;

2. The computation and payment of arrearages and accrual of

interest on the arrearages under the support order; and

3. The existence and satisfaction of other obligations under

the support order.

B. In a proceeding for arrears under a registered support

order, the statute of limitation of this state or of the issuing

state or foreign country, whichever is longer, applies.

C. A responding tribunal of this state shall apply the

procedures and remedies of this state to enforce current support and

collect arrears and interest due on a support order of another state

or foreign country registered in this state.

D. After a tribunal of this state or another state determines

which is the controlling order and issues an order consolidating

arrears, if any, a tribunal of this state shall prospectively apply

the law of the state or foreign country issuing the controlling

order, including its law on interest on arrears, on current and

future support, and on consolidated arrears.
Okla. Stat. tit. 43A, § 43A-2-306 — OK Code / Title 43A / Section 43A-2-306
Office of Management and Enterprise Services as
Status: in_force

purchasing agent – Transfer of property to trust.

A. The Office of Management and Enterprise Services shall be

the purchasing agent for each institution in the Department of

Mental Health and Substance Abuse Services, but in other matters has

no governing power or control of the institutions. In other

Oklahoma Statutes - Title 43A. Mental Health Page 50

matters, the Department of Mental Health and Substance Abuse

Services has sole and exclusive control of institutions of the

Department when such institutions deal with the care and treatment

of mentally ill persons.

B. The Office of Management and Enterprise Services shall

provide all necessary assistance to the Department of Mental Health

and Substance Abuse Services in transferring property to a trust

created pursuant to Section 2-111 of this title.
Okla. Stat. tit. 43, § 43-601-209 — OK Code / Title 43 / Section 43-601-209
Credit for payments
Status: in_force

A tribunal of this state shall credit amounts collected for a

particular period pursuant to any child support order against the

amounts owed for the same period under any other child support order

for support of the same child issued by a tribunal of this state,

another state or a foreign country.
Okla. Stat. tit. 43, § 43-601-304 — OK Code / Title 43 / Section 43-601-304
Duties of initiating tribunal
Status: in_force

A. Upon the filing of a petition authorized under this act, an

initiating tribunal of this state shall forward the petition and its

accompanying documents:

1. To the responding tribunal or appropriate support

enforcement agency in the responding state; or

2. If the identity of the responding tribunal is unknown, to

the state information agency of the responding state with a request

that they be forwarded to the appropriate tribunal and that receipt

be acknowledged.

B. If requested by the responding tribunal, a tribunal of this

state shall issue a certificate or other document and make findings

required by the law of the responding state. If the responding

tribunal is in a foreign country, upon request the tribunal of this

state shall specify the amount of support sought, convert that

amount into the equivalent amount in the foreign currency under

applicable official or market exchange rate as publicly reported,

and provide any other documents necessary to satisfy the

requirements of the responding foreign tribunal.
Okla. Stat. tit. 43, § 43-120.6 — OK Code / Title 43 / Section 43-120.6
Qualifications
Status: in_force

A. Each judicial district shall adopt local rules governing the

qualifications of a parenting coordinator; provided, however, the

qualifications adopted shall not exceed the qualifications

established in subsection B of this section.

B. To be qualified as a parenting coordinator, a person shall:

1. Have a master’s degree in a mental health or behavioral

health field, shall have training and experience in family mediation

and shall be a certified mediator under the laws of this state; or

2. Be a licensed mental health professional or licensed

attorney practicing in an area related to families.

C. Parenting coordinators who are not licensed attorneys shall

not be considered as engaging in the unauthorized practice of law

while performing actions within the scope of his or her duties as a

parenting coordinator.
Okla. Stat. tit. 43A, § 43A-2-312.1 — OK Code / Title 43A / Section 43A-2-312.1
County Community Safety Investment Fund
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 52

A. There is hereby created in the State Treasury a revolving

fund for the Department of Mental Health and Substance Abuse

Services to be designated the “County Community Safety Investment

Fund”. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies appropriated to

the fund under Section 633 of this title.

B. All monies accruing to the credit of the fund shall be

budgeted and expended by the Department of Mental Health and

Substance Abuse Services for the sole purpose of providing funds to

counties for development and implementation of the programs listed

in Section 4 of this act.

C. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

Added by State Question No. 781, Initiative Petition No. 405, § 2,

adopted at General Election held on Nov. 8, 2016, eff. July 1, 2017.
Okla. Stat. tit. 43A, § 43A-2-221 — OK Code / Title 43A / Section 43A-2-221
Utilization of State Personnel Interchange Program -
Status: in_force

Contracts with other state agencies, boards and commissions.

Oklahoma Statutes - Title 43A. Mental Health Page 47

A. The Department of Mental Health and Substance Abuse Services

may utilize the services of other state agencies, boards and

commissions pursuant to the State Personnel Interchange Program,

Section 840.26 et seq. of Title 74 of the Oklahoma Statutes.

B. The Department may employ and may enter into contracts with

employees of other state agencies, boards and commissions, provided:

1. The work hours of employment would not be contemporaneous;

and

2. No conflict of interest would result.
Okla. Stat. tit. 43, § 43-112.1A — OK Code / Title 43 / Section 43-112.1A
Definitions - Child support - Parental rights and
Status: in_force

duties – Actions and jurisdiction.

A. In this section:

1. “Adult child” means a child eighteen (18) years of age or

older.

2. “Child” means a son or daughter of any age.

B. 1. The court may order either or both parents to provide

for the support of a child for an indefinite period and may

determine the rights and duties of the parents if the court finds

that:

a. the child, whether institutionalized or not, requires

substantial care and personal supervision because of a

mental or physical disability and will not be capable

of self-support, and

b. the disability exists, or the cause of the disability

is known to exist, on or before the eighteenth

birthday of the child.

2. A court that orders support under this section shall

designate a parent of the child or another person having physical

custody or guardianship of the child under a court order to receive

the support for the child. The court may designate a child who is

eighteen (18) years of age or older to receive the support directly.

C. 1. A suit provided by this section may be filed only by:

a. a parent of the child or another person having

physical custody or guardianship of the child under a

court order, or

b. the child if the child:

(1) is eighteen (18) years of age or older,

(2) does not have a mental disability, and

(3) is determined by the court to be capable of

managing the child’s financial affairs.

2. The parent, the child, if the child is eighteen (18) years

of age or older, or other person may not transfer or assign the

cause of action to any person, including a governmental or private

Oklahoma Statutes - Title 43. Marriage and Family Page 59

entity or agency, except for an assignment made to the Title IV-D

agency.

D. 1. A suit under this section may be filed:

a. regardless of the age of the child, and

b. as an independent cause of action or joined with any

other claim or remedy provided by this title.

2. If no court has continuing, exclusive jurisdiction of the

child, an action under this section may be filed as an original

suit.

3. If there is a court of continuing, exclusive jurisdiction,

an action under this section may be filed as a suit for modification

pursuant to Section 115 of this title.

E. In determining the amount of support to be paid after a

child’s eighteenth birthday, the specific terms and conditions of

that support, and the rights and duties of both parents with respect

to the support of the child, the court shall determine and give

special consideration to:

1. Any existing or future needs of the adult child directly

related to the adult child’s mental or physical disability and the

substantial care and personal supervision directly required by or

related to that disability;

2. Whether the parent pays for or will pay for the care or

supervision of the adult child or provides or will provide

substantial care or personal supervision of the adult child;

3. The financial resources available to both parents for the

support, care, and supervision of the adult child; and

4. Any other financial resources or other resources or programs

available for the support, care, and supervision of the adult child.

F. An order provided by this section may contain provisions

governing the rights and duties of both parents with respect to the

support of the child and may be modified or enforced in the same

manner as any other order provided by this title.
Okla. Stat. tit. 43, § 43-109.5 — OK Code / Title 43 / Section 43-109.5
Voluntary relinquishment of physical custody –
Status: in_force

Presumption.

When an order has been entered which provides for payment of

child support and the legal custodian places physical custody of the

child with any person, subject to the provisions of the Oklahoma

Children's Code or this title, without obtaining a modification of

the order to change legal custody, the placement of the physical

custody, by operation of law, shall create a presumption that such

person with whom the child was placed has legal physical custody of

the child for the purposes of the payment of child support and the

Oklahoma Statutes - Title 43. Marriage and Family Page 37

obligee shall remit such child support obligation to the person with

whom the placement was made.
Okla. Stat. tit. 43, § 43-138 — OK Code / Title 43 / Section 43-138
Recording of costs in child support enforcement cases -
Status: in_force

Assessment against nonprevailing party.

Costs incurred in a child support enforcement case in which a

party is represented by an office operated by or for the benefit of

the Oklahoma Department of Human Services shall be recorded by the

court clerk. The reasonable costs may be assessed by the court

against the nonprevailing party at the conclusion of the

proceedings.
Okla. Stat. tit. 43, § 43-571-111 — OK Code / Title 43 / Section 43-571-111
Application and construction of act
Status: in_force

In applying and construing the Uniform Child Abduction

Prevention Act, consideration shall be given to the need to promote

uniformity of the law with respect to its subject matter among

states that enact it.
Okla. Stat. tit. 43, § 43-571-101 — OK Code / Title 43 / Section 43-571-101
Short title – Uniform Child Abduction Prevention Act
Status: in_force

This act shall be known and may be cited as the "Uniform Child

Abduction Prevention Act".
Okla. Stat. tit. 43, § 43-551-402 — OK Code / Title 43 / Section 43-551-402
Transitional provision
Status: in_force

TRANSITIONAL PROVISION

A motion or other request for relief made in a child custody

proceeding or to enforce a child custody determination which was

commenced before the effective date of this act is governed by the

law in effect at the time the motion or other request was made.
Okla. Stat. tit. 43A, § 43A-2-213 — OK Code / Title 43A / Section 43A-2-213
Chaplain - Duties
Status: in_force

Each institution within the Department may have a chaplain. The

duties of the chaplain shall be established by the Commissioner.
Okla. Stat. tit. 43A, § 43A-2-220 — OK Code / Title 43A / Section 43A-2-220
Failure of executive director to report mistreatment
Status: in_force

An executive director of a facility who fails to report to the

district attorney of the county in which the facility is located any

officer or employee who shall willfully or maliciously assault,

beat, batter, abuse or use mechanical restraints without authority

or who aids, abets, advises or permits any consumer confined in the

facility to be subjected to such conduct shall be guilty of a

misdemeanor.
Okla. Stat. tit. 43, § 43-107.1 — OK Code / Title 43 / Section 43-107.1
Actions where minor child involved - Delayed final order
Status: in_force

- Waiver - Completion of educational program - Exceptions.

A. 1. In an action for divorce where there are minor children

involved, the court shall not issue a final order thereon for at

least ninety (90) days from the date of filing the petition which

Oklahoma Statutes - Title 43. Marriage and Family Page 22

ninety (90) days may be waived by the court for good cause shown and

without objection by either party.

2. The court may require that within the ninety-day period

specified by paragraph 1 of this subsection, the parties attend and

complete an educational program specified by Section 107.2 of this

title.

B. This section shall not apply to divorces filed for any of

the following causes:

1. Abandonment for one (1) year;

2. Extreme cruelty;

3. Habitual drunkenness;

4. Imprisonment of the other party in a state or federal penal

institution under sentence thereto for the commission of a felony at

the time the petition is filed;

5. The procurement of a final divorce decree outside this state

by a husband or wife which does not in this state release the other

party from the obligations of the marriage;

6. Insanity for a period of five (5) years, the insane person

having been an inmate of a state institution for the insane in the

State of Oklahoma, or an inmate of a state institution for the

insane in some other state for such period, or an inmate of a

private sanitarium, and affected with a type of insanity with a poor

prognosis for recovery;

7. Conviction of any crime defined by the Oklahoma Child Abuse

Reporting and Prevention Act committed upon a child of either party

to the divorce by either party to the divorce; or

8. A child of either party has been adjudicated deprived,

pursuant to the Oklahoma Children’s Code, as a result of the actions

of either party to the divorce and the party has not successfully

completed the service and treatment plan required by the court.

C. After a petition has been filed in an action for divorce

where there are minor children involved, the court may make any such

order concerning property, children, support and expenses of the

suit as provided for in Section 110 of this title, to be enforced

during the pendency of the action, as may be right and proper.

D. The court may issue a final order in an action for divorce

where minor children are involved before the ninety-day time period

set forth in subsection A of this section has expired, if the

parties voluntarily participate in marital or family counseling and

the court finds reconciliation is unlikely.
Okla. Stat. tit. 43A, § 43A-5-207v2 — OK Code / Title 43A / Section 43A-5-207v2
Local Law Enforcement Mental Health Manpower Act
Status: in_force

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

Oklahoma Statutes - Title 43A. Mental Health Page 123

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

Oklahoma Statutes - Title 43A. Mental Health Page 124

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.
Okla. Stat. tit. 43A, § 43A-95 — OK Code / Title 43A / Section 43A-95
Renumbered as § 4-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-14-106 — OK Code / Title 43A / Section 43A-14-106
Applicability of physician-patient and spousal
Status: in_force

privileges.

Subject to a specific court order, the physician-patient

privilege nor spousal privilege shall be grounds for excluding

evidence regarding the neglect, exploitation, or abuse of a

vulnerable adult or the cause thereof in any judicial proceeding

arising under this act.