Okla. Stat. tit. 43A, § 43A-5-412 — OK Code / Title 43A / Section 43A-5-412
Notice
Status: in_force

A. Notice of the date, time and place of the hearing on a

petition alleging a person to be a person requiring treatment shall

be delivered to such person at least one (1) day prior to the

hearing. Notice shall be personally delivered to the person

together with a copy of the petition and copies of the mental health

evaluation and any order of the court directing prehearing

detention.

B. The notice shall contain the following information:

1. The definitions provided by Section 1-103 of this title of a

"mental illness" and a "person requiring treatment";

2. If applicable, that the court has ordered the mental health

evaluation of the person by two licensed mental health

professionals, at least one of whom is a psychiatrist who is a

diplomate of the American Board of Psychiatry and Neurology, a

licensed clinical psychologist, or a licensed Doctor of Medicine or

Doctor of Osteopathy who has received specific training for and is

experienced in performing mental health therapeutic, diagnostic, or

counseling functions, for the purpose of conducting an evaluation of

the person alleged to be a person requiring treatment stating their

findings, and the time and place of the evaluation;

3. That, upon request, the hearing on the petition may be

conducted as a jury trial and the jury shall be composed of six

persons having the qualifications required of jurors in courts of

record;

4. That the petitioner and witnesses identified in the petition

may offer testimony under oath at the hearing on the petition;

5. If applicable, that the court has appointed an attorney for

the person alleged to be a person requiring treatment who shall

represent the person until final disposition of the case and that if

the person is indigent, the court shall pay the attorney fees;

6. That, if the person is found at the hearing or at a jury

trial to be a person requiring treatment under Section 5-410 et seq.

of this title, the court will take evidence and make findings of

fact concerning the person's competency to consent or to refuse the

treatment that is ordered, including, but not limited to, the right

of the person to refuse psychotropic medications; and

7. That the person alleged to be a person requiring treatment

shall be afforded such other rights as are guaranteed by state and

federal law.

C. The person delivering the copy of the notice and petition to

the person alleged to be a person requiring treatment shall, at the

Oklahoma Statutes - Title 43A. Mental Health Page 145

time of delivery, explain the content, purpose and effect of the

notice and the legal right to judicial review by habeas corpus.

D. 1. A copy of the notice, the petition, and the attachments

to the petition shall also be delivered at least one (1) day prior

to the hearing to:

a. the individual initiating the request for protective

custody, emergency detention, involuntary commitment

or prehearing detention,

b. the attorney or court-appointed counsel of the person,

to the district attorney, and to the public defender,

if any,

c. the facility, if any, in which the person is detained

in emergency detention,

d. if any exist and if one is known, the treatment

advocate as defined pursuant to Section 1-109.1 of

this title, a person having a valid power of attorney

with health care decision-making authority, a person

having a valid guardianship with health care decision-

making authority, a person having an advance health

care directive, or a person having an attorney-in-fact

as designated in a valid mental health advance

directive, unless specifically indicated otherwise by

the instrument or court order. The documents shall

not identify the alleged person requiring treatment

directly or indirectly as a person with a substance

abuse disorder, and

e. if the designations or orders listed in subparagraph d

of this paragraph do not exist or are not known, then

a parent, spouse, guardian, brother, sister or child

who is at least eighteen (18) years of age of the

person alleged to be a person requiring treatment and

who is not the individual initiating the petition or a

request for protective custody, emergency detention,

involuntary commitment or prehearing detention. The

documents shall not identify the alleged person

requiring treatment directly or indirectly as a person

with a substance abuse disorder. Notice shall also be

delivered to any other person as may be ordered by the

court.

2. The notice required by this subsection may be served

personally or by certified mail. When notice is served personally,

the person making such service shall make affidavit of the same and

file such notice, with proof of service, with the district court.

This notice may be served in any part of the state when so ordered

by the court.

E. Notice of orders of a court directing a mental health

evaluation or prehearing detention of a person alleged to be a

Oklahoma Statutes - Title 43A. Mental Health Page 146

person requiring treatment shall be delivered in substantially the

same manner as provided by subsection A of this section. Notice of

a court order directing a mental health evaluation of the person

shall be delivered at least one (1) day before the evaluation, and

as many additional days as are requested by the person alleged to be

a person requiring treatment or the attorney of such person as are

reasonable without prejudice to the person. Any request for

additional days shall be subject to the discretion of the court,

considering the facts and circumstances of each particular case.
Okla. Stat. tit. 43, § 43-115 — OK Code / Title 43 / Section 43-115
Order for child support or modification of order -
Status: in_force

Provision for income assignment.

A. Every order providing for the support of a minor child or a

modification of such order, whether issued by a district court or an

Oklahoma Statutes - Title 43. Marriage and Family Page 74

administrative court, shall contain an immediate income assignment

provision if child support services are being provided under the

state child support plan as provided under Section 237 of Title 56

of the Oklahoma Statutes, regardless of whether support payments by

such parent are in arrears.

B. In all child support cases arising out of an action for

divorce, paternity or other proceeding in which services are not

being provided under the state child support plan, the district

court shall order the wage of the obligor subject to immediate

income assignment, regardless of whether support payments by such

parent are in arrears, unless:

1. One of the parties demonstrates and the district court finds

there is good cause not to require immediate income withholding; or

2. A written agreement is reached between the parties which

provides for an alternative arrangement.

C. The obligated party may execute a voluntary income

assignment at any time. The voluntary assignment shall be filed

with the district or administrative court and shall take effect

after service on the payor, as required by Section 1171.3 of Title

12 of the Oklahoma Statutes.
Okla. Stat. tit. 43, § 43-551-317 — OK Code / Title 43 / Section 43-551-317
Costs and expenses
Status: in_force

COSTS AND EXPENSES

Oklahoma Statutes - Title 43. Marriage and Family Page 162

If the respondent is not the prevailing party, the court may

assess against the respondent all direct expenses and costs incurred

by the district attorney and law enforcement officer under Section

37 or 38 of this act.
Okla. Stat. tit. 43, § 43-131 — OK Code / Title 43 / Section 43-131
Residency in divorce cases
Status: in_force

A married person who meets the residence requirements prescribed

by law for bringing a divorce action in this state may seek a

divorce in this state, though the other spouse resides elsewhere.
Okla. Stat. tit. 43A, § 43A-11-103 — OK Code / Title 43A / Section 43A-11-103
Definitions
Status: in_force

Whenever used in the Advance Directives for Mental Health

Treatment Act:

1. "Advance directive for mental health treatment" means a

written document voluntarily executed by a declarant in accordance

with the requirements of this act and includes:

a. a declaration, or

b. the appointment of an attorney-in-fact;

2. "Attending physician or psychologist" means the physician or

psychologist who has primary responsibility for the mental health

treatment of the declarant;

3. "Attorney-in-fact" means an individual eighteen (18) years

old or older appointed by a declarant to make mental health

treatment decisions on behalf of the declarant as provided by this

act;

4. "Capable" means the person is able to receive and evaluate

information effectively and communicate decisions regarding his or

her mental health treatment;

5. "Declaration" means a written document voluntarily executed

by a declarant stating the mental health treatment wishes of a

declarant in the event the declarant is determined to be incapable

and mental health treatment is necessary;

Oklahoma Statutes - Title 43A. Mental Health Page 236

6. "Declarant" means a capable person eighteen (18) years of

age or older who has executed an advance directive for mental health

treatment in accordance with the provisions of this act;

7. "Health care facility" includes any program, institution,

place, building or agency, or portion thereof, private or public,

whether organized for profit or not, used, operated, or designed to

provide medical diagnosis, treatment, rehabilitative or preventive

care to any person. The term "health care facility" includes, but

is not limited to, health care facilities that are commonly referred

to as hospitals, outpatient clinics, organized ambulatory health

care facilities, emergency care facilities and centers, health

maintenance organizations, and others providing similarly organized

services regardless of nomenclature;

8. "Mental health treatment" means convulsive treatment,

treatment with psychoactive medication, and admission to and

retention in a facility for a period up to twenty-eight (28) days;

9. "Physician" means an individual currently licensed to

practice medicine in this state;

10. "Psychologist" means an individual currently licensed to

practice in this state as a clinical psychologist; and

11. "Incapable" means that, in the opinion of two persons, who

shall be physicians or psychologists, a person's ability to receive

and evaluate information effectively or communicate decisions is

impaired as the result of a mental illness to such an extent that

the person currently lacks the capacity to make mental health

treatment decisions.
Okla. Stat. tit. 43A, § 43A-12 — OK Code / Title 43A / Section 43A-12
Renumbered as § 2-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-805 — OK Code / Title 43A / Section 43A-805
Renumbered as § 10-105 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-82 — OK Code / Title 43A / Section 43A-82
Renumbered as § 7-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-303 — OK Code / Title 43 / Section 43-551-303
Duty to enforce
Status: in_force

DUTY TO ENFORCE

A. A court of this state shall recognize and enforce a child

custody determination of a court of another state if the latter

court exercised jurisdiction in substantial conformity with this act

or the determination was made under factual circumstances meeting

the jurisdictional standards of this act and the determination has

not been modified in accordance with this act.

B. A court of this state may utilize any remedy available under

other laws of this state to enforce a child custody determination

made by a court of another state. The remedies provided in this

article are cumulative and do not affect the availability of other

remedies to enforce a child custody determination.
Okla. Stat. tit. 43A, § 43A-3-107 — OK Code / Title 43A / Section 43A-3-107
Transitions Recovery Center - Petty cash fund -
Status: in_force

Transfer of property, records, etc.

A. There is hereby created and designated as a facility within

the Department of Mental Health and Substance Abuse Services

Transitions Recovery Center at Vinita. The facility shall be

operated under the supervision and administration of the

Commissioner of Mental Health and Substance Abuse Services. It is

the intent of the Legislature that Transitions Recovery Center at

Vinita utilize and receive business management, support services and

medical ancillary services of the Oklahoma Forensic Center.

B. There is hereby created a petty cash fund for Transitions

Recovery Center at Vinita. The Director of the Office of Management

and Enterprise Services and the Commissioner of Mental Health and

Oklahoma Statutes - Title 43A. Mental Health Page 59

Substance Abuse Services are authorized to fix the maximum amount of

the petty cash fund. The Director of the Office of Management and

Enterprise Services shall prescribe the rules and procedures for the

administration of the petty cash fund.

C. The Department of Mental Health and Substance Abuse Services

is authorized to effect the transfer of property, records,

equipment, supplies, funds and encumbrances from the Oklahoma

Forensic Center to or from Transitions Recovery Center at Vinita.
Okla. Stat. tit. 43, § 43-561-402 — OK Code / Title 43 / Section 43-561-402
Construction with federal laws
Status: in_force

This act modifies, limits, or supersedes the Electronic

Signatures in Global and National Commerce Act, 15 U.S.C. Section

7001 et seq., as amended, but does not modify, limit, or supersede

15 U.S.C. Section 7001(c), or authorize electronic delivery of any

of the notices described in 15 U.S.C. Section 7003(b).
Okla. Stat. tit. 43, § 43-102 — OK Code / Title 43 / Section 43-102
Residence of plaintiff or defendant
Status: in_force

A. Except as otherwise provided by subsection B of this

section, the petitioner or the respondent in an action for divorce

or annulment of a marriage must have been an actual resident, in

good faith, of the state, for six (6) months immediately preceding

the filing of the petition.

B. Any person who has been a resident of any United States army

post or military reservation within the State of Oklahoma, for six

(6) months immediately preceding the filing of the petition, may

bring action for divorce or annulment of a marriage or may be sued

for divorce or annulment of a marriage.

R.L. 1910, § 4963. Amended by Laws 1939, p. 2, § 1, emerg. eff.

April 10, 1939; Laws 1957, p. 82, § 2; Laws 1961, p. 64, § 1, emerg.

eff. Aug. 7, 1961; Laws 1965, c. 284, § 1, emerg. eff. June 24,

1965. Renumbered from § 1272 of Title 12 by Laws 1989, c. 333, § 1,

eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 1, eff. Nov. 1,

2002.
Okla. Stat. tit. 43A, § 43A-2-103 — OK Code / Title 43A / Section 43A-2-103
Board of Mental Health and Substance Abuse Services -
Status: in_force

Members - Meetings - Visitation - Expenses.

Oklahoma Statutes - Title 43A. Mental Health Page 33

A. The Board of Mental Health and Substance Abuse Services

shall be composed of the following nine (9) members:

1. Five members appointed by the Governor;

2. Two members appointed by the Speaker of the House of

Representatives; and

3. Two members appointed by the President Pro Tempore of the

Senate.

B. 1. Each member shall serve at the pleasure of his or her

appointing authority and may be removed or replaced without cause.

2. Any member of the Board shall be prohibited from voting on

any issue in which the member has a direct financial interest.

3. The Commissioner of Mental Health and Substance Abuse

Services shall be an ex officio member of the Board but shall be

entitled to vote only in case of a tie vote.

C. The Board shall elect from among its members a chair and a

vice-chair. The chair may call meetings at any time.

D. All regularly scheduled meetings of the Board shall be held

at the Central Office of the Department of Mental Health and

Substance Abuse Services, Oklahoma City, Oklahoma, unless otherwise

scheduled. Five members shall constitute a quorum at any meeting,

and all action may be taken by an affirmative vote of the majority

of the members present at any such meeting.

E. The action taken by the Board on any matter, or any document

passed by the Board, shall be considered official when such action

is placed in writing and signed by the chair or vice-chair.

F. The duties of the Board shall pertain to the care,

treatment, and hospitalization of persons with mental illness, or

alcohol- or drug-dependent persons.

G. Members of the Board of Mental Health and Substance Abuse

Services shall be allowed their necessary travel expenses pursuant

to the provisions of the State Travel Reimbursement Act.

H. Members of the Board of Mental Health and Substance Abuse

Services shall be allowed to serve on the State Board of Medical

Licensure and Supervision and the State Board of Osteopathic

Examiners during members' terms on the Board of Mental Health and

Substance Abuse Services.
Okla. Stat. tit. 43, § 43-601-104 — OK Code / Title 43 / Section 43-601-104
Remedies cumulative
Status: in_force

A. Remedies provided by this act are cumulative and do not

affect the availability of remedies under other law or the

recognition of a foreign support order on the basis of comity.

B. This act does not:

1. Provide the exclusive method of establishing or enforcing a

support order under the laws of this state; or

2. Grant a tribunal of this state jurisdiction to render

judgment or issue an order relating to child custody or visitation

in a proceeding under this act.
Okla. Stat. tit. 43, § 43-601-801 — OK Code / Title 43 / Section 43-601-801
Grounds for rendition
Status: in_force

A. For purposes of this article, "governor" includes an

individual performing the functions of governor or the executive

authority of a state covered by this act.

B. The Governor of this state may:

1. Demand that the governor of another state surrender an

individual found in the other state who is charged criminally in

this state with having failed to provide for the support of an

obligee; or

2. On the demand by the governor of another state, surrender an

individual found in this state who is charged criminally in the

other state with having failed to provide for the support of an

obligee.

C. A provision for extradition of individuals not inconsistent

with this act applies to the demand even if the individual whose

surrender is demanded was not in the demanding state when the crime

was allegedly committed and has not fled therefrom.
Okla. Stat. tit. 43, § 43-134 — OK Code / Title 43 / Section 43-134
Alimony payments - Designation of support and property payments - Termination of
Status: in_force

support - Cohabitation by former spouse - Modification of support - Active military pay -payments - Termination of support - Cohabitation by former spouse -

Modification of support - Active military pay - Disposable retired

or retainer military pay.

A. In any dissolution of marriage decree which provides for

periodic alimony payments, the court shall plainly state, at the

time of entering the original decree, the dollar amount of all or a

portion of each payment which is designated as support and the

dollar amount of all or a portion of the payment which is a payment

pertaining to a division of property. The court shall specify in

the decree that the payments pertaining to a division of property

shall continue until completed. Payments pertaining to a division

of property are irrevocable and not subject to subsequent

modification by the court making the award. An order for the

Oklahoma Statutes - Title 43. Marriage and Family Page 115

payment of money pursuant to a dissolution of marriage decree,

whether designated as support or designated as pertaining to a

division of property shall not be a lien against the real property

of the person ordered to make such payments unless the court order

specifically provides for a lien on real property. An arrearage in

payments of support reduced to a judgment may be a lien against the

real property of the person ordered to make such payments.

B. The court shall also provide in the dissolution of marriage

decree that upon the death or remarriage of the recipient, the

payments for support, if not already accrued, shall terminate. The

court shall order the judgment for the payment of support to be

terminated, and the lien released upon the presentation of proper

proof of death of the recipient unless a proper claim is made for

any amount of past-due support payments by an executor,

administrator, or heir within ninety (90) days from the date of

death of the recipient. Upon proper application the court shall

order payment of support terminated and the lien discharged after

remarriage of the recipient, unless the recipient can make a proper

showing that some amount of support is still needed and that

circumstances have not rendered payment of the same inequitable,

provided the recipient commences an action for such determination,

within ninety (90) days of the date of such remarriage. Any

modification of alimony payments shall be effective upon the date of

the filing of the requested modification.

C. The voluntary cohabitation of a former spouse with a member

of the opposite sex shall be a ground to modify provisions of a

final judgment or order for alimony as support. If voluntary

cohabitation is alleged in a motion to modify the payment of

support, the court shall have jurisdiction to reduce or terminate

future support payments upon proof of substantial change of

circumstances of either party to the dissolution of marriage

relating to need for support or ability to support. As used in this

subsection, the term cohabitation means the dwelling together

continuously and habitually of a man and a woman who are in a

private conjugal relationship not solemnized as a marriage according

to law, or not necessarily meeting all the standards of a common-law

marriage. The petitioner shall make application for modification

and shall follow notification procedures used in other dissolution

of marriage decree modification actions. The court that entered the

dissolution of marriage decree shall have jurisdiction over the

modification application.

D. Except as otherwise provided in subsection C of this

section, the provisions of any dissolution of marriage decree

pertaining to the payment of alimony as support may be modified upon

proof of changed circumstances relating to the need for support or

ability to support which are substantial and continuing so as to

make the terms of the decree unreasonable to either party.

Oklahoma Statutes - Title 43. Marriage and Family Page 116

Modification by the court of any dissolution of marriage decree

pertaining to the payment of alimony as support, pursuant to the

provisions of this subsection, may extend to the terms of the

payments and to the total amount awarded; provided however, such

modification shall only have prospective application.

E. In no event shall an award of alimony, whether designated

for support or for property division, be based on the

servicemember's portion of any Special Monthly Compensation (SMC)

award from the United States Department of Veterans Affairs.

F. Pursuant to the federal Uniformed Services Former Spouses'

Protection Act, 10 U.S.C., Section 1408, a court may treat

disposable retired or retainer pay payable to a military member

either as property solely of the member or as property of the member

and the spouse of the member. If a state court determines that the

disposable retired or retainer pay of a military member is the sole

and separate property of the military member, the court shall submit

clear and concise written findings of such determination to be

included in the decree or final order. If a state court determines

that the disposable retired or retainer pay of a military member is

marital property, the court shall submit clear and concise written

findings of such determination to be included in the decree or final

order and shall award an amount consistent with the rank, pay grade,

and time of service of the member at the date of the filing of the

petition, unless the court finds a more equitable date due to the

economic separation of the parties.

G. Unless otherwise agreed to by the parties, any division of

an active duty military member's retirement or retainer pay shall

use the following language:

"The former spouse is awarded a percentage of the member's

disposable military retired pay, to be computed by multiplying fifty

percent (50%) times a fraction, the numerator of which is ____x____

months of marriage during the member's creditable military service,

divided by the member's total number of months of creditable

military service."

H. In the case of a member's retiring from reserve duty, unless

otherwise agreed by the parties, any division of a reservist's

retirement or retainer pay shall use the following language:

"The former spouse is awarded a percentage of the member's

disposable military retired pay, to be computed by multiplying fifty

percent (50%) times a fraction, the numerator of which is

__X____reserve retirement points earned during the period of the

marriage, divided by the member's total number of reserve retirement

points earned."

I. The provisions of subsection D of this section shall have

retrospective and prospective application with regards to

modifications for the purpose of obtaining support or payments

pertaining to a division of property on dissolution of marriage

Oklahoma Statutes - Title 43. Marriage and Family Page 117

decrees which become final after June 26, 1981. There shall be a

two-year statute of limitations, beginning on the date of the final

dissolution of marriage decree, for a party to apply for division of

disposable retired or retainer pay.

J. The provisions of subsections C and D of this section shall

have retrospective and prospective application with regards to

modifications of the provisions of a final judgment or order for

alimony as support, or of a dissolution of marriage decree

pertaining to the payment of alimony as support, regardless of the

date that the order, judgment, or decree was entered.

K. Notwithstanding any other provision of this section, a court

shall not consider disability compensation received by a party from

the United States Department of Veterans Affairs for service-related

injuries for any purpose. Additionally, the court shall not offset

any service-related disability income with other assets of the

military member. However, if there is an increase in service-

related disability income as a result of the veteran having

dependents, that increase may be included in divorce calculations.
Okla. Stat. tit. 43A, § 43A-3-326 — OK Code / Title 43A / Section 43A-3-326
Peer recovery support specialists
Status: in_force

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules for certification of peer recovery support

specialists who are:

1. Employed by the state;

2. Employed by a behavioral services provider contracting with

the state to provide behavioral health services;

3. Employed by a behavioral services provider certified by the

Department of Mental Health and Substance Abuse Services. Provided,

however, that certification as a peer recovery support specialist

pursuant to this subsection shall be limited to providing services

within the employer's area of certification;

4. Employed by a tribe or a tribal facility that provides

behavioral health services; or

5. Employed by an Oklahoma Department of Veterans Affairs or a

United States Department of Veterans Affairs facility.

B. Such rules shall address criteria for certification and

renewal, including minimum education requirements, examination and

supervision requirements, continuing education requirements, and

rules of professional conduct.

C. Application for certification as a peer recovery support

specialist 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 peer recovery support

specialist for a period of two (2) years subject to renewal as

provided in the rules promulgated by the Board.

D. The Board is authorized to establish an application and

renewal fee of no more than One Hundred Dollars ($100.00) to defray

the costs incurred in the certification process.

E. A peer recovery support specialist certified by the Board or

the Commissioner shall only use the title "certified peer recovery

support specialist" if employed by the state, employed by behavioral

services providers contracting with or certified by the state to

provide behavioral health services, employed by a tribe or tribal

facility that provides behavioral health services or employed by an

Oklahoma Department of Veterans Affairs or a United States

Department of Veterans Affairs facility. This section shall not be

construed to permit the certified peer recovery support specialist

Oklahoma Statutes - Title 43A. Mental Health Page 78

to practice any of the following professions or use the following

titles unless also licensed or accredited by the appropriate

authority:

1. Physician;

2. Psychologist;

3. Clinical social worker;

4. Professional counselor;

5. Marital and family therapist;

6. Behavioral practitioner; or

7. Alcohol and drug counselor.

F. No peer recovery support specialist shall operate or

continue to operate as a peer recovery support specialist unless the

peer recovery support specialist complies with the rules promulgated

by the Board and is certified as required by this section.

G. Failure to comply with rules promulgated by the Board shall

be grounds for revocation, suspension, or nonrenewal of

certification.
Okla. Stat. tit. 43A, § 43A-2-108 — OK Code / Title 43A / Section 43A-2-108
Investigation of wrongful, negligent or improper
Status: in_force

treatment - System for prompt resolution of complaints -

Confidentiality of information.

A. When the Department of Mental Health and Substance Abuse

Services has reason to believe that any individual receiving

services from a facility operated by, certified by, or under

contract with the Department has been wrongfully deprived of

liberty, or is cruelly, negligently or improperly treated, or

inadequate provision is made for the individual’s appropriate

medical care, proper supervision and safe keeping, the Department

may ascertain the facts or may require an investigation of the

facts.

B. The Board shall establish and maintain a fair, simple and

expeditious system for resolution of complaints of all individuals

receiving such services.

C. Except as otherwise specifically provided in this section

and as otherwise provided by state or federal laws, the information,

records, materials, and reports related to investigations by the

Department into allegations of consumer abuse, neglect, or

Oklahoma Statutes - Title 43A. Mental Health Page 37

mistreatment shall be confidential and contain privileged

information. Accordingly, such records, materials, and reports

shall not be open to public inspection nor their contents disclosed,

nor shall a subpoena or subpoena duces tecum purporting to compel

disclosure of such information be valid.

1. An order of the court authorizing the inspection, release,

or disclosure of information, records, materials, and reports

related to investigations by the Department shall be entered by a

court only after a review of the records and a determination, with

due regard for the confidentiality of the information and records

and the privilege of the persons identified in the records, that a

compelling reason exists, any applicable privilege has been waived,

and such inspection, release or disclosure is necessary for the

protection of a legitimate public or private interest.

2. This section shall not be construed to prohibit the

Department from summarizing the allegation or allegations made,

facts and evidence gathered, and any findings of an investigation

pursuant to this section. The summary may be provided to the

following individuals and entities, provided the individuals or

entities agree to protect the summary from disclosure:

a. the person suspected of abuse, neglect or improper

treatment,

b. the person subject to the alleged abuse, neglect or

improper treatment,

c. the person who reported the allegation,

d. the state and federal oversight, licensing or

accrediting agency,

e. the administrator of a facility certified by or under

contract with the Department at which the alleged

abuse, neglect or improper treatment occurred,

f. any persons necessary to implement appropriate

personnel action against the person suspected of

abuse, neglect or mistreatment if evidence is found to

support the allegation, and

g. the appropriate law enforcement agency, district

attorney’s office or any other entities as required by

state and federal law.
Okla. Stat. tit. 43, § 43-112 — OK Code / Title 43 / Section 43-112
Care and custody of children
Status: in_force

A. A petition or cross-petition for a divorce, legal

separation, or annulment must state whether or not the parties have

minor children of the marriage. If there are minor children of the

marriage, the court:

Oklahoma Statutes - Title 43. Marriage and Family Page 55

1. Shall make provision for guardianship, custody, medical

care, support and education of the children;

2. Unless not in the best interests of the children, may

provide for the visitation of the noncustodial parent with any of

the children of the noncustodial parent; and

3. May modify or change any order whenever circumstances render

the change proper either before or after final judgment in the

action; provided, that the amount of the periodic child support

payment shall not be modified retroactively or payment of all or a

portion of the past due amount waived, except by mutual agreement of

the obligor and obligee, or if the obligee has assigned child

support rights to the Department of Human Services or other entity,

by agreement of the Department or other entity. Unless the parties

agree to the contrary, a completed child support computation form

provided for in Section 120 of this title shall be required to be

filed with the child support order.

The social security numbers of both parents and the child shall

be included on the child support order summary form provided for in

Section 120 of this title, which shall be submitted to the Central

Case Registry as provided for in Section 112A of this title with all

child support or paternity orders.

B. In any action in which there are minor unmarried children in

awarding or modifying the custody of the child or in appointing a

general guardian for the child, the court shall be guided by the

provisions of Section 112.5 of this title and shall consider what

appears to be in the best interests of the child.

C. 1. When it is in the best interests of a minor unmarried

child, the court shall:

a. assure children of frequent and continuing contact

with both parents after the parents have separated or

dissolved their marriage, and

b. encourage parents to share the rights and

responsibilities of child rearing in order to effect

this policy.

2. There shall be neither a legal preference nor a presumption

for or against joint legal custody, joint physical custody, or sole

custody.

3. When in the best interests of the child, custody shall be

awarded in a way which assures the frequent and continuing contact

of the child with both parents. When awarding custody to either

parent, the court:

a. shall consider, among other facts, which parent is

more likely to allow the child or children frequent

and continuing contact with the noncustodial parent,

and

b. shall not prefer a parent as a custodian of the child

because of the gender of that parent.

Oklahoma Statutes - Title 43. Marriage and Family Page 56

4. In any action, there shall be neither a legal preference or

a presumption for or against private or public school or home-

schooling in awarding the custody of a child, or in appointing a

general guardian for the child.

5. Notwithstanding any custody determination made pursuant to

the Oklahoma Children’s Code, when a parent of a child is required

to be separated from a child due to military service, the court

shall not enter a final order modifying an existing custody order

until such time as the parent has completed the term of duty

requiring separation. For purposes of this paragraph:

a. in the case of a parent who is a member of the Army,

Navy, Air Force, Marine Corps or Coast Guard, the term

“military service” means a combat deployment,

contingency operation, or natural disaster requiring

the use of orders that do not permit any family member

to accompany the member,

b. in the case of a parent who is a member of the

National Guard, the term “military service” means

service under a call to active service authorized by

the President of the United States or the Secretary of

Defense for a period of more than thirty (30)

consecutive days under 32 U.S.C. 502(f) for purposes

of responding to a national emergency declared by the

President and supported by federal funds. “Military

service” shall include any period during which a

member is absent from duty on account of sickness,

wounds, leave or other lawful cause, and

c. the court may enter a temporary custody or visitation

order pursuant to the requirements of the Deployed

Parents Custody and Visitation Act.

6. In making an order for custody, the court shall require

compliance with Section 112.3 of this title.

D. 1. Except for good cause shown, a pattern of failure to

allow court-ordered visitation may be determined to be contrary to

the best interests of the child and as such may be grounds for

modification of the child custody order.

2. For any action brought pursuant to the provisions of this

section which the court determines to be contrary to the best

interests of the child, the prevailing party shall be entitled to

recover court costs, attorney fees and any other reasonable costs

and expenses incurred with the action.

E. Except as otherwise provided by Section 112.1A of this

title, any child shall be entitled to support by the parents until

the child reaches eighteen (18) years of age. If a child is

regularly enrolled in and attending high school, as set forth in

Section 11-103.6 of Title 70 of the Oklahoma Statutes, other means

of high school education, or an alternative high school education

Oklahoma Statutes - Title 43. Marriage and Family Page 57

program as a full-time student, the child shall be entitled to

support by the parents until the child graduates from high school or

until the age of twenty (20) years, whichever occurs first. Full-

time attendance shall include regularly scheduled breaks from the

school year. No hearing or further order is required to extend

support pursuant to this subsection after the child reaches the age

of eighteen (18) years.

F. In any case in which provision is made for the custody or

support of a minor child or enforcement of such order and before

hearing the matter or signing any orders, the court shall inquire

whether public assistance money or medical support has been provided

by the Department of Human Services, hereafter referred to as the

Department, for the benefit of each child. If public assistance

money, medical support, or child support services under the state

child support plan as provided in Section 237 of Title 56 of the

Oklahoma Statutes have been provided for the benefit of the child,

the Department shall be a necessary party for the adjudication of

the debt due to the State of Oklahoma, as defined in Section 238 of

Title 56 of the Oklahoma Statutes, and for the adjudication of

paternity, child support, and medical insurance coverage for the

minor children in accordance with federal regulations. When an

action is filed, the petitioner shall give the Department notice of

the action according to Section 2004 of Title 12 of the Oklahoma

Statutes. The Department shall not be required to intervene in the

action to have standing to appear and participate in the action.

When the Department is a necessary party to the action, any orders

concerning paternity, child support, medical support, or the debt

due to the State of Oklahoma shall be approved and signed by the

Department.

G. In any case in which a child support order or custody order

or both is entered, enforced or modified, the court may make a

determination of the arrearages of child support.

R.L. 1910, § 4968. Amended by Laws 1955, p. 142, § 1; Laws 1968, c.

226, § 1; Laws 1969, c. 334, § 1, emerg. eff. May 8, 1969; Laws

1973, c. 188, § 1; Laws 1974, c. 101, § 1, emerg. eff. April 30,

1974; Laws 1979, c. 93, § 1, eff. Oct. 1, 1979; Laws 1985, c. 297, §

16, operative Oct. 1, 1985; Laws 1987, c. 230, § 14, eff. Oct. 1,

1987. Renumbered from § 1277 of Title 12 by Laws 1989, c. 333, § 1,

eff. Nov. 1, 1989. Amended by Laws 1990, c. 171, § 2, operative

July 1, 1990; Laws 1990, c. 309, § 11, eff. Sept. 1, 1990; Laws

1993, c. 307, § 1, emerg. eff. June 7, 1993; Laws 1994, c. 356, §

12, eff. Sept. 1, 1994; Laws 1996, c. 131, § 10, eff. Jan. 1, 1997;
Okla. Stat. tit. 43A, § 43A-10-111.1 — OK Code / Title 43A / Section 43A-10-111.1
Vulnerable Adult Abuse, Neglect, and Exploitation
Status: in_force

Registry.

A. On or before January 1, 2024, the Office of the Attorney

General shall establish and maintain the Vulnerable Adult Abuse,

Neglect and Exploitation Registry, accessible to the public in an

electronic format and updated quarterly, to address:

1. A procedure for recording individuals on the registry who

have been found guilty by a court of law or entered a plea of guilty

or nolo contendere to a charge of abuse, neglect, or exploitation of

a vulnerable adult; and

2. Disclosure requirements for information that is accessible

on the registry.

B. The Vulnerable Adult Abuse, Neglect and Exploitation

Registry shall include, but not be limited to:

1. The full name of the individual;

2. Information necessary to identify the individual;

3. The disposition and other identifying case information

regarding convictions or confessions of abuse, neglect, or

exploitation in a court of law; and

4. The date the individual was convicted or pled guilty or nolo

contendere.
Okla. Stat. tit. 43, § 43-601-305 — OK Code / Title 43 / Section 43-601-305
Duties and powers of responding tribunal
Status: in_force

A. When a responding tribunal of this state receives a petition

or comparable pleading from an initiating tribunal or directly

pursuant to subsection B of Section 601-301 of this title, it shall

cause the petition or pleading to be filed and notify the petitioner

where and when it was filed.

B. A responding tribunal of this state, to the extent not

prohibited by other law, may do one or more of the following:

Oklahoma Statutes - Title 43. Marriage and Family Page 185

1. Establish or enforce a support order, modify a child

support order, determine the controlling child support order or

determine parentage of a child;

2. Order an obligor to comply with a support order, specifying

the amount and the manner of compliance;

3. Order income withholding;

4. Determine the amount of any arrearages, and specify a method

of payment;

5. Enforce orders by civil or criminal contempt, or both;

6. Set aside property for satisfaction of the support order;

7. Place liens and order execution on the obligor's property;

8. Order an obligor to keep the tribunal informed of the

obligor's current residential address, electronic mail address,

telephone number, employer, address of employment, and telephone

number at the place of employment;

9. Issue a bench warrant for an obligor who has failed after

proper notice to appear at a hearing ordered by the tribunal and

enter the bench warrant in any local and state computer systems for

criminal warrants;

10. Order the obligor to seek appropriate employment by

specified methods;

11. Award reasonable attorney's fees and other fees and costs;

and

12. Grant any other available remedy.

C. A responding tribunal of this state shall include in a

support order issued pursuant to the Uniform Interstate Family

Support Act, or in the documents accompanying the order, the

calculations on which the support order is based.

D. A responding tribunal of this state may not condition the

payment of a support order issued under this act upon compliance by

a party with provisions for visitation.

E. If a responding tribunal of this state issues an order under

this act, the tribunal shall send a copy of the order to the

petitioner and the respondent and to the initiating tribunal, if

any.

F. If requested to enforce a support order, arrears, or

judgment or modify a support order stated in a foreign currency, a

responding tribunal of this state shall convert the amount stated in

the foreign currency to the equivalent amount in dollars under the

applicable official or market exchange rate as publicly reported.
Okla. Stat. tit. 43A, § 43A-3-453 — OK Code / Title 43A / Section 43A-3-453
Authorized course providers - Fees - Course
Status: in_force

requirements.

A. Alcohol and drug substance abuse courses shall be offered

only by nonprofit educational institutions of higher learning,

governmental or nonprofit organizations.

B. Enrollment fees for those attending the courses shall be set

by the Department of Mental Health and Substance Abuse Services and

shall be within a range of not less than Sixty-five Dollars ($65.00)

and not more than:

1. One Hundred Fifty Dollars ($150.00) for a ten-hour course;

and

2. Three Hundred Sixty Dollars ($360.00) for a twenty-four-hour

course.

C. Ten percent (10%) of each fee collected shall be remitted by

the institution or organization offering alcohol and drug substance

abuse courses to the State Treasurer to be credited to the

Community-based Substance Abuse Revolving Fund in the State Treasury

and shall be used to provide substance abuse services to the

indigent or to provide specialized training to alcohol and drug

substance abuse course facilitators. Five percent (5%) of each fee

collected by the Department shall be used for the administrative

costs related to providing such services.

D. Enrollment in the course shall not be limited to persons

ordered to enroll, attend and successfully complete the course.

E. All alcohol and drug substance abuse courses related to

driver license revocation and course facilitators shall be approved

and certified by the Department of Mental Health and Substance Abuse

Services.

F. The Department of Mental Health and Substance Abuse Services

is authorized to promulgate rules governing:

1. Minimum curriculum requirements for such courses;

Oklahoma Statutes - Title 43A. Mental Health Page 96

2. Facilities, equipment and instructional materials for such

courses;

3. Minimum qualifications for course facilitators;

4. Grounds for reprimand and for revocation, suspension or

nonrenewal of the authority to conduct such courses and for

revocation of a facilitator's certification;

5. Attendance requirements; and

6. Guidelines for certifying to the Department of Mental Health

and Substance Abuse Services and the Department of Public Safety

successful completion of such course.

G. The Department of Mental Health and Substance Abuse Services

shall require that each ten-hour course shall be conducted in no

less than three sessions of no more than three and one-half (3 1/2)

hours each on three (3) separate days. For a twenty-four-hour

course, the Department shall require that:

1. Each such course shall consist of at least twenty-four (24)

hours;

2. Each such course shall consist of no more than two (2) hours

of education on any given day, nor more than four (4) hours in a

given week, and shall not contain more than ten percent (10%) films

on any one specialized area; and

3. No more than twenty-four students shall be allowed in a

given class.

H. Any institution or organization authorized under this act to

conduct an alcohol and drug substance abuse course shall certify to

the Department of Public Safety all persons who successfully

complete such course.

I. Any person participating in a substance abuse treatment

program recommended as a result of an assessment pursuant to Section

3-460 of this title shall be required to pay all or part of the

actual cost incurred for treatment of the person, if the court

determines the person has the ability to pay for all or part of the

cost of treatment. The court shall determine the amount of

reimbursement the person shall pay.

J. Application fees for certification of course facilitators

shall be set by the Board of Mental Health and Substance Abuse

Services to defray the costs of administering the program and shall

be:

1. Not less than One Hundred Dollars ($100.00) and not more

than Two Hundred Dollars ($200.00) upon initial application; and

2. Not less than Twenty-five Dollars ($25.00) and not more than

Fifty Dollars ($50.00) upon annual renewal.

K. The Director of the Office of Management and Enterprise

Services shall transfer unobligated monies generated from the fees

in subsection C of this section, deposited before November 1, 2005,

from the Department of Mental Health and Substance Abuse Services

Oklahoma Statutes - Title 43A. Mental Health Page 97

Revolving Fund to the Community-based Substance Abuse Revolving

Fund, in amounts calculated by the Department.

L. No alcohol or drug substance abuse course shall operate or

continue to operate unless it is operated in compliance with the

rules promulgated by the Board and is certified as required by this

section.
Okla. Stat. tit. 43A, § 43A-5-421 — OK Code / Title 43A / Section 43A-5-421
Emergency service patrols
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 158

A. Counties and municipalities may establish emergency service

patrols. A patrol consists of persons trained to give assistance in

public places to persons whom the patrol has reasonable grounds to

believe are mentally ill. Members of an emergency service patrol

shall be capable of providing first aid in emergency situations and

may transport mentally ill persons to their homes and to and from

approved treatment facilities and alternative facilities.

B. Standards for the establishment, training, and conduct of

emergency service patrols shall be adopted by the county or

municipality and approved by the Department of Mental Health and

Substance Abuse Services. These standards shall comply with the

standards of the regional emergency medical services plan.

C. All participating state and local agencies are directed to

coordinate with each other and cooperate in assisting the Department

of Mental Health and Substance Abuse Services as needed. If

specifically requested in two or more regional emergency medical

service plans, the Department may establish a law enforcement

behavioral health emergency dispatch system.

D. All emergency service patrols shall be required to keep

reliable data on services made available and provided by the

emergency service patrols.

E. Upon the request of the Department of Mental Health and

Substance Abuse Services, every state agency, board or commission

shall provide any information requested by the Department of Mental

Health and Substance Abuse Services to assess the effectiveness of

emergency service patrols.
Okla. Stat. tit. 43, § 43-551-204 — OK Code / Title 43 / Section 43-551-204
Temporary emergency jurisdiction
Status: in_force

TEMPORARY EMERGENCY JURISDICTION

A. A court of this state has temporary emergency jurisdiction

if the child is present in this state and the child has been

abandoned or it is necessary in an emergency to protect the child

because the child, or a sibling or parent of the child, is subjected

to or threatened with mistreatment or abuse.

B. If there is no previous child custody determination that is

entitled to be enforced under this act and a child custody

proceeding has not been commenced in a court of a state having

jurisdiction under Sections 13 through 15 of this act, a child

custody determination made under this section remains in effect

until an order is obtained from a court of a state having

jurisdiction under Sections 13 through 15 of this act. If a child

custody proceeding has not been or is not commenced in a court of a

state having jurisdiction under Sections 13 through 15 of this act,

a child custody determination made under this section becomes a

final determination, if it so provides and this state becomes the

home state of the child.

C. If there is a previous child custody determination that is

entitled to be enforced under this act, or a child custody

proceeding has been commenced in a court of a state having

jurisdiction under Sections 13 through 15 of this act, any order

issued by a court of this state under this section must specify in

the order a period that the court considers adequate to allow the

person seeking an order to obtain an order from the state having

jurisdiction under Sections 13 through 15 of this act. The order

Oklahoma Statutes - Title 43. Marriage and Family Page 150

issued in this state remains in effect until an order is obtained

from the other state within the period specified or the period

expires.

D. A court of this state which has been asked to make a child

custody determination under this section, upon being informed that a

child custody proceeding has been commenced in, or a child custody

determination has been made by, a court of a state having

jurisdiction under Sections 13 through 15 of this act, shall

immediately communicate with the other court. A court of this state

which is exercising jurisdiction pursuant to Sections 13 through 15

of this act, upon being informed that a child custody proceeding has

been commenced in, or a child custody determination has been made

by, a court of another state under a statute similar to this section

shall immediately communicate with the court of that state to

resolve the emergency, protect the safety of the parties and the

child, and determine a period for the duration of the temporary

order.
Okla. Stat. tit. 43, § 43-601-315 — OK Code / Title 43 / Section 43-601-315
Nonparentage as defense
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 190

A party whose parentage of a child has been previously

determined by or pursuant to law may not plead nonparentage as a

defense to a proceeding under this act.
Okla. Stat. tit. 43A, § 43A-5-103 — OK Code / Title 43A / Section 43A-5-103
Unlawful or malicious confinement in institution
Status: in_force

Any person who shall knowingly contrive or conspire to have

ordered or admitted any person to an institution for the mentally

ill or a facility for the treatment of alcohol-dependent or drug-

dependent persons, unlawfully or maliciously shall be guilty of a

misdemeanor, and upon conviction, shall be fined not to exceed One

Thousand Dollars ($1,000.00) or confined in jail not to exceed one

(1) year, or both such fine and imprisonment.
Okla. Stat. tit. 43A, § 43A-16.1 — OK Code / Title 43A / Section 43A-16.1
Renumbered as § 2-302 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-127 — OK Code / Title 43 / Section 43-127
Time when judgments in divorce actions become final -
Status: in_force

Effect of appeal.

Every decree of divorce shall recite the day and date when the

judgment was rendered. If an appeal be taken from a judgment

granting or denying a divorce, that part of the judgment does not

become final and take effect until the appeal is determined. If an

appeal be taken from any part of a judgment in a divorce action

except the granting of the divorce, the divorce shall be final and

take effect from the date the decree of divorce is rendered,

provided neither party thereto may marry another person until six

(6) months after the date the decree of divorce is rendered; that

part of the judgment appealed shall not become final and take effect

until the appeal be determined.
Okla. Stat. tit. 43A, § 43A-5-308 — OK Code / Title 43A / Section 43A-5-308
Order authorizing admission
Status: in_force

The order of the judge of the district court authorizing the

admission of an applicant as a voluntary consumer pursuant to the

provisions of the Mental Hospital Voluntary Admission Procedures Act

shall contain the following findings:

1. A physician licensed in this state personally examined the

person requesting inpatient admission for psychiatric care;

2. Such physician certified that the person has a mental

condition that requires inpatient admission;

3. The person knowingly and willingly consented to voluntary

inpatient admission;

4. The person fully understands the benefits, consequences,

conditions, and side effects of inpatient admission and treatment,

and agrees to them; and

Oklahoma Statutes - Title 43A. Mental Health Page 133

5. An arrangement for the transportation of the person to the

inpatient facility.
Okla. Stat. tit. 43A, § 43A-13 — OK Code / Title 43A / Section 43A-13
Renumbered as § 2-201 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-112.2 — OK Code / Title 43 / Section 43-112.2
Evidence of ongoing domestic abuse or child abuse -
Status: in_force

Determinations relating to convicted sex offenders - Presumption.

A. In every case involving the custody of, guardianship of or

visitation with a child, the court shall consider for determining

the custody of, guardianship of or the visitation with a child

whether any person seeking custody or who has custody of,

guardianship of or visitation with a child:

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

the Sex Offenders Registration Act or any similar act in any other

state;

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

Abuse Reporting and Prevention Act or in Section 582 of Title 57 of

the Oklahoma Statutes;

Oklahoma Statutes - Title 43. Marriage and Family Page 60

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

established by clear and convincing evidence and who can be expected

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 an individual who is or has been subject to

the registration requirements of the 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 the Oklahoma Child Abuse Reporting and Prevention Act 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 had custody, guardianship, or visitation rights

terminated due to failure to complete or participate in any court-

ordered substance abuse or mental health treatment.

B. There shall be a rebuttable presumption that it is not in

the best interests of the child to have custody or guardianship

granted to a person who:

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

requirements of the Sex Offenders Registration Act or any similar

act in any other state;

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

Abuse Reporting and Prevention Act or 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

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 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 the Oklahoma Child Abuse Reporting and Prevention Act or

in Section 582 of Title 57 of the Oklahoma Statutes;

7. Is residing with a person convicted of domestic abuse within

the past five (5) years; or

8. Has had custody, guardianship, or visitation rights

terminated due to failure to complete or participate in any court-

ordered substance abuse or mental health treatment.

C. Custody of, guardianship of, or visitation with a child

shall not be granted to any person if it is established that the

Oklahoma Statutes - Title 43. Marriage and Family Page 61

custody, guardianship or visitation will likely expose the child to

a foreseeable risk of material harm.

D. Except as otherwise provided by the Oklahoma Child

Supervised Visitation Program, court-ordered supervised visitation

shall be governed by the Oklahoma Child Supervised Visitation

Program.

E. For purposes of this section:

1. “Alcohol-dependent person” has the same meaning as such term

is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

2. “Domestic abuse” has the same meaning as such term is

defined in Section 60.1 of Title 22 of the Oklahoma Statutes;

3. “Drug-dependent person” has the same meaning as such term is

defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and

4. “Supervised visitation” means a program established pursuant

to Section 110.1a of this title.
Okla. Stat. tit. 43A, § 43A-19 — OK Code / Title 43A / Section 43A-19
Renumbered as § 2-209 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-2-104 — OK Code / Title 43A / Section 43A-2-104
Disposition of surplus equipment and land - Purchases
Status: in_force

A. The Department of Mental Health and Substance Abuse Services

may declare equipment which is surplus to the needs of the

Department to the Office of Management and Enterprise Services. The

Office of Management and Enterprise Services shall dispose of the

surpluses as provided by law.

B. The Office of Management and Enterprise Services shall be

the purchasing agency for all facilities for which appropriations

are made in the Mental Health Law, but shall not have authority to

determine the propriety of purchases of institutions over which the

Office of Management and Enterprise Services is not the controlling

entity.

C. The Department is authorized to spend funds for the

development of recreational facilities on state-owned land outside

the facility grounds.
Okla. Stat. tit. 43, § 43-1 — OK Code / Title 43 / Section 43-1
Marriage defined
Status: in_force

Marriage is a personal relation arising out of a civil contract

to which the consent of parties legally competent of contracting and

of entering into it is necessary, and the marriage relation shall

only be entered into, maintained or abrogated as provided by law.
Okla. Stat. tit. 43, § 43-601-614 — OK Code / Title 43 / Section 43-601-614
Filing of modified child support order
Status: in_force

Within thirty (30) days after issuance of a modified child

support order, the party obtaining the modification shall file a

certified copy of the order with the issuing tribunal that had

continuing, exclusive jurisdiction over the earlier order, and in

each tribunal in which the party knows the earlier order has been

Oklahoma Statutes - Title 43. Marriage and Family Page 202

registered. A party who obtains the order and fails to file a

certified copy is subject to appropriate sanctions by a tribunal in

which the issue of failure to file arises. The failure to file does

not affect the validity or enforceability of the modified order of

the new tribunal having continuing, exclusive jurisdiction.
Okla. Stat. tit. 43, § 43-601-711 — OK Code / Title 43 / Section 43-601-711
Residency of obligee – Jurisdiction - Nonrecognition
Status: in_force

of order.

A. A tribunal of this state may not modify a convention child

support order if the obligee remains a resident of the foreign

country where the support order was issued unless:

1. The obligee submits to the jurisdiction of a tribunal of

this state, either expressly or by defending on the merits of the

case without objecting to the jurisdiction at the first available

opportunity; or

Oklahoma Statutes - Title 43. Marriage and Family Page 209

2. The foreign tribunal lacks or refuses to exercise

jurisdiction to modify its support order or issue a new support

order.

B. If a tribunal of this state does not modify a convention

child support order because the order is not recognized in this

state, subsection C of Section 601-708 of Title 43 of the Oklahoma

Statutes applies.
Okla. Stat. tit. 43, § 43-3.1 — OK Code / Title 43 / Section 43-3.1
Recognition of marriage between persons of same gender
Status: in_force

prohibited.

A marriage between persons of the same gender performed in

another state shall not be recognized as valid and binding in this

state as of the date of the marriage.
Okla. Stat. tit. 43A, § 43A-4-105 — OK Code / Title 43A / Section 43A-4-105
Service of court citation, order or process - Return -
Status: in_force

Effect.

Any citation, order or process required by law to be served on a

consumer of a facility within the Department of Mental Health and

Substance Abuse Services shall be served only by the executive

director in charge or by someone designated by the executive

director. Return to the court from which the citation, order or

process was issued shall be made by the person making the service.

The service and return shall have the same force and effect as if it

had been made by the sheriff of the county.
Okla. Stat. tit. 43, § 43-601-607 — OK Code / Title 43 / Section 43-601-607
Contest of registration or enforcement
Status: in_force

A. A party contesting the validity or enforcement of a

registered support order or seeking to vacate the registration has

the burden of proving one or more of the following defenses:

1. The issuing tribunal lacked personal jurisdiction over the

contesting party;

Oklahoma Statutes - Title 43. Marriage and Family Page 199

2. The order was obtained by fraud;

3. The order has been vacated, suspended, or modified by a

later order;

4. The issuing tribunal has stayed the order pending appeal;

5. There is a defense under the law of this state to the remedy

sought;

6. Full or partial payment has been made;

7. The statute of limitation under Section 601-604 of this

title precludes enforcement of some or all of the alleged

arrearages; or

8. The alleged controlling order is not the controlling order.

B. If a party presents evidence establishing a full or partial

defense under subsection A of this section, a tribunal may stay

enforcement of a registered support order, continue the proceeding

to permit production of additional relevant evidence, and issue

other appropriate orders. An uncontested portion of the registered

support order may be enforced by all remedies available under the

law of this state.

C. If the contesting party does not establish a defense under

subsection A of this section to the validity or enforcement of a

registered support order, the registering tribunal shall issue an

order confirming the order.
Okla. Stat. tit. 43A, § 43A-3-319 — OK Code / Title 43A / Section 43A-3-319
Certification as program of assertive community
Status: in_force

treatment.

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of facilities

or organizations that desire to be certified as a program of

assertive community treatment for the provision of community-based

comprehensive treatment for persons with serious mental illness and

related disorders.

B. Applications for certification as a program of assertive

community treatment shall be made to the Department on prescribed

forms. The Board, or the Commissioner upon delegation by the Board,

may certify the program of assertive community treatment for a

period of three (3) years subject to renewal as provided in the

rules promulgated by the Board. The Department of Mental Health and

Substance Abuse Services is authorized to establish and collect

certification and renewal fees for certification of programs for

assertive community treatment as provided in Section 3-324 of this

title.

C. No program of assertive community treatment shall operate or

continue to operate unless the program complies with the rules

promulgated by the Board and is certified as required by this

section.

D. Failure to comply with regulations and standards promulgated

by the Board shall be grounds for revocation, suspension or

nonrenewal of certification.
Okla. Stat. tit. 43A, § 43A-5-206 — OK Code / Title 43A / Section 43A-5-206
Definitions
Status: in_force

As used in Sections 5-206 through 5-209 of this title:

1. "Mental health evaluation" means the examination of a

person, either in person or via telemedicine, who appears to have a

mental illness or be alcohol- or drug-dependent by two licensed

mental health professionals, at least one of whom is a psychiatrist

who is a diplomat of the American Board of Psychiatry and Neurology,

a licensed clinical psychologist, or a licensed Doctor of Medicine

or Doctor of Osteopathy who has received specific training for and

is experienced in performing mental health therapeutic, diagnostic,

or counseling functions, for the purpose of:

a. determining if a petition requesting involuntary

commitment or treatment is warranted,

b. completing a mental health evaluation pursuant to

Section 5-414 of this title, or

c. both subparagraphs a and b of this paragraph;

2. "Initial assessment (medical necessity review)" means the

examination of a person, either in person or via telemedicine, who

appears to be a mentally ill person, an alcohol-dependent person, or

a drug-dependent person and a person requiring treatment, whose

condition is such that it appears that emergency detention may be

warranted by a licensed mental health professional at a facility

approved by the Commissioner of Mental Health and Substance Abuse

Services, or a designee, as appropriate for such examination to

determine if emergency detention of the person is warranted;

3. "Emergency detention" means the detention of a person who

appears to be a person requiring treatment in a facility approved by

the Commissioner of Mental Health and Substance Abuse Services as

appropriate for such detention after the completion of an emergency

examination, either in person or via telemedicine, and a

determination that emergency detention is warranted for a period not

to exceed one hundred twenty (120) hours or five (5) days, excluding

weekends and holidays, except upon a court order authorizing

detention beyond this period or pending the hearing on a petition

requesting involuntary commitment or treatment as provided by

Section 5-206 et seq. of this title. If during the emergency

detention a person who appears to be a person requiring treatment

becomes medically unstable, the time limit on the emergency

detention period stipulated in this paragraph shall be tolled until

Oklahoma Statutes - Title 43A. Mental Health Page 118

the person who appears to be a person requiring treatment is

medically stabilized;

4. "Protective custody" means the taking into protective

custody and detention of a person pursuant to the provisions of

Section 5-208 of this title until such time as an emergency

examination is completed and a determination is made as to whether

or not emergency detention is warranted; and

5. "Prehearing detention" means the court-ordered detention of

a person who is alleged to be mentally ill, alcohol-dependent, or

drug-dependent in a facility approved by the Commissioner as

appropriate for such detention, pending a hearing on a petition

requesting involuntary commitment or treatment as provided by

Section 5-415 of this title.
Okla. Stat. tit. 43, § 43-140 — OK Code / Title 43 / Section 43-140
Problem-solving court program - Participation by obligors
Status: in_force

of state child support plan.

A. In cases in which child support services under the state

child support plan as provided in Section 237 of Title 56 of the

Oklahoma Statutes are being provided for the benefit of the child,

the administrative or district court may order the obligor to

participate in the problem-solving court program of the Department

of Human Services. The problem-solving court program is an

immediate and highly structured judicial intervention process for

the obligor and requires completion of a participation agreement by

the obligor and monitoring by the court. A problem-solving court

program differs in practice and design from the traditional

adversarial prosecution and trial systems. The problem-solving

court program uses a team approach administered by the judge in

cooperation with a child support state’s attorney and a child

support court liaison who focuses on removing the obstacles causing

the nonpayment of the obligor. The obligors in this program shall

be required to sign an agreement to participate in this program.

The court liaisons assess the needs of the obligor, develop a

community referral network, make referrals, monitor the compliance

of the obligor in the program, and provide status reports to the

court.

B. Participation in the problem-solving court program shall not

act as a stay of federally mandated automated enforcement remedies.

The child support obligation of the obligor shall not be suspended

or abated during participation in the program.
Okla. Stat. tit. 43, § 43-111.1A — OK Code / Title 43 / Section 43-111.1A
Standard visitation schedule – Advisory guidelines
Status: in_force

A. By January 1, 2005, the Administrative Director of the

Courts shall have developed a standard visitation schedule and

advisory guidelines which may be used by the district courts of this

state as deemed necessary.

B. The standard visitation schedule should include a minimum

graduated visitation schedule for children under the age of five (5)

years and a minimum graduated visitation schedule for children five

(5) years of age through seventeen (17) years of age. In addition,

the standard visitation schedule should address:

1. Midweek and weekend time-sharing;

2. Differing geographical residences of the custodian and

noncustodian of the child requesting visitation;

3. Holidays, including Friday and Monday holidays;

4. Summer vacation break;

5. Midterm school breaks;

6. Notice requirements and authorized reasons for cancellations

of visitation;

7. Transportation and transportation costs, including pick up

and return of the child;

8. Religious, school, and extracurricular activities;

9. Grandparent and relative contact;

10. The birthday of the child;

11. Sibling visitation schedules;

12. Special circumstances, including, but not limited to,

emergencies; and

13. Any other standards deemed necessary by the Administrative

Director of the Courts.

C. 1. The Administrative Director of the Courts shall develop

advisory guidelines for use by the district courts when parties to

any action concerning the custody of a child are unable to mutually

agree upon a visitation schedule.

2. The advisory guidelines should include the following

considerations at a minimum:

a. a preference for visitation schedules that are

mutually agreed upon by both parents over a court-

imposed solution,

Oklahoma Statutes - Title 43. Marriage and Family Page 51

b. a visitation schedule which should maximize the

continuity and stability of the life of the child,

c. special considerations should be given to each parent

to make the child available to attend family

functions, including funerals, weddings, family

reunions, religious holidays, important ceremonies,

and other significant events in the life of the child

or in the life of either parent which may

inadvertently conflict with the visitation schedule,

d. a visitation schedule which will not interrupt the

regular school hours of the child,

e. a visitation schedule should reasonably accommodate

the work schedule of both parents and may increase the

visitation time allowed to the noncustodial parent but

should not diminish the standardized visitation

schedule provided in Section 111.1 of Title 43 of the

Oklahoma Statutes,

f. a visitation schedule should reasonably accommodate

the distance between the parties and the expense of

exercising visitation,

g. each parent should permit and encourage liberal

electronic contact during reasonable hours and

uncensored mail privileges with the child, and

h. each parent should be entitled to an equal division of

major religious holidays celebrated by the parents,

and the parent who celebrates a religious holiday that

the other parent does not celebrate shall have the

right to be together with the child on the religious

holiday.

D. The Administrative Director of the Courts shall:

1. Make the standard visitation schedule and advisory

guidelines available to the district courts of this state; and

2. Periodically review and update the guidelines as deemed

necessary.
Okla. Stat. tit. 43, § 43-601-307 — OK Code / Title 43 / Section 43-601-307
Duties of support enforcement agency
Status: in_force

A. A support enforcement agency of this state, upon request,

shall provide services to a petitioner in a proceeding under the

Uniform Interstate Family Support Act.

B. A support enforcement agency of this state that is providing

services to the petitioner shall:

1. Take all steps necessary to enable an appropriate tribunal

of this state, another state or a foreign country to obtain

jurisdiction over the respondent;

2. Request an appropriate tribunal to set a date, time, and

place for a hearing;

3. Make a reasonable effort to obtain all relevant information,

including information as to income and property of the parties;

4. Within two (2) days, exclusive of Saturdays, Sundays, and

legal holidays, after receipt of notice in a record from an

initiating, responding, or registering tribunal, send a copy of the

notice to the petitioner;

5. Within two (2) days, exclusive of Saturdays, Sundays, and

legal holidays, after receipt of a communication in a record from

the respondent or the respondent's attorney, send a copy of the

communication to the petitioner; and

6. Notify the petitioner if jurisdiction over the respondent

cannot be obtained.

C. A support enforcement agency of this state that requests

registration of a child support order in this state for enforcement

or for modification shall make reasonable efforts:

1. To ensure that the order to be registered is the controlling

order; or

2. If two or more child support orders exist and the identity

of the controlling order has not been determined, to ensure that a

request for such a determination is made in a tribunal having

jurisdiction to do so.

D. A support enforcement agency of this state that requests

registration and enforcement of a support order, arrears, or

judgment stated in a foreign currency shall convert the amounts

stated in the foreign currency into the equivalent amounts in

dollars under the applicable official or market exchange rate as

publicly reported.

E. A support enforcement agency of this state shall issue or

request a tribunal of this state to issue a child support order and

Oklahoma Statutes - Title 43. Marriage and Family Page 187

an income-withholding order that redirect payment of current

support, arrears, and interest if requested to do so by a support

enforcement agency of another state pursuant to Section 601-319 of

this title.

F. The Uniform Interstate Family Support Act does not create or

negate a relationship of attorney and client or other fiduciary

relationship between a support enforcement agency or the attorney

for the agency and the individual being assisted by the agency.
Okla. Stat. tit. 43, § 43-601-105 — OK Code / Title 43 / Section 43-601-105
Application to support proceedings
Status: in_force

A. A tribunal of this state shall apply Articles 1 through 6 of

this title and, as applicable, Article 7 of this title, to a support

proceeding involving:

1. A foreign support order;

2. A foreign tribunal; or

3. An obligee, obligor or child residing in a foreign country.

B. A tribunal of this state that is requested to recognize and

enforce a support order on the basis of comity may apply the

procedural and substantive provisions of Articles 1 through 6 of

this title.

C. Article 7 of this title applies only to a support proceeding

under the Convention. In such a proceeding, if a provision of

Article 7 is inconsistent with Articles 1 through 6, Article 7

controls.
Okla. Stat. tit. 43A, § 43A-11-113 — OK Code / Title 43A / Section 43A-11-113
Violations - Penalties
Status: in_force

A. Any person who willfully conceals, cancels, defaces, alters,

or obliterates the advance directive for mental health treatment of

another without the declarant's consent, or who falsifies or forges

a revocation of an advance directive of another, shall be, upon

conviction, guilty of a misdemeanor.

B. A person who in any way falsifies or forges the advance

directive for mental health treatment of another person, or who

willfully conceals or withholds personal knowledge of a revocation

of an advance directive for mental health treatment, shall be, upon

conviction, guilty of a misdemeanor.

C. A person who requires or prohibits the execution of an

advance directive for mental health treatment as a condition for

being insured for, or receiving, health care services shall be, upon

conviction, guilty of a misdemeanor.

D. A person who coerces or fraudulently induces another person

to execute a declaration or revocation shall be, upon conviction,

guilty of a Class D1 felony offense and shall be punished as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes.

E. The sanctions provided in this section do not displace any

sanction applicable under any other law.
Okla. Stat. tit. 43, § 43-601-603 — OK Code / Title 43 / Section 43-601-603
Effect of registration for enforcement
Status: in_force

A. A support order or income-withholding order issued in

another state or a foreign support order is registered when the

order is filed in the registering tribunal of this state.

B. A registered support order issued in another state or

foreign country is enforceable in the same manner and is subject to

the same procedures as an order issued by a tribunal of this state.

C. Except as otherwise provided in this act, a tribunal of this

state shall recognize and enforce, but may not modify, a registered

support order if the issuing tribunal had jurisdiction.
Okla. Stat. tit. 43A, § 43A-808 — OK Code / Title 43A / Section 43A-808
Renumbered as § 10-108 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-416 — OK Code / Title 43A / Section 43A-3-416
Standards - Treatment services and rules of operation -
Status: in_force

Guidelines.

In establishing standards for treatment services and rules of

operation, the Authority and approved treatment facilities shall be

guided by the following standards:

1. If possible a consumer shall be treated on a voluntary

rather than an involuntary basis.

Oklahoma Statutes - Title 43A. Mental Health Page 88

2. A consumer shall be initially referred to outpatient

treatment or intermediate care unless he is found to require

inpatient treatment.

3. A person shall not be denied treatment solely because he has

withdrawn from treatment against medical advice on a prior occasion

or because he has relapsed after earlier treatment.

4. No person shall be refused treatment because of sex or age

unless the approved treatment facility which refuses treatment

refers the person to another approved treatment facility with which

it has a written referral agreement and which provides services

appropriate to the person’s sex or age group.

5. Restrictions on acceptance of persons by an approved

treatment facility shall be published by the facility and made

available to the public.

6. An individualized treatment plan shall be prepared and

maintained on a current basis for each consumer.

7. Family members of the consumer shall be included in the

treatment services when possible and appropriate.

8. Community-based treatment shall be encouraged and emphasized

to make treatment available to persons in their home communities.

9. Consumers shall be encouraged to agree to such further

diagnosis and treatment as will be of benefit to them.
Okla. Stat. tit. 43A, § 43A-5-503 — OK Code / Title 43A / Section 43A-5-503
Voluntary and involuntary admission for treatment
Status: in_force

A. A parent of a minor or a minor sixteen (16) years of age or

older may consent to the voluntary admission of the minor for

inpatient mental health or substance abuse treatment.

Oklahoma Statutes - Title 43A. Mental Health Page 164

B. Upon the application of a minor sixteen (16) years of age or

older or a parent of a minor, a mental health or substance abuse

facility may admit the minor for inpatient evaluation or treatment

if the person in charge of the facility, or a designee, determines

the minor to be clinically eligible for such admission, and:

1. After an initial assessment, a licensed mental health

professional determines and states in writing that there is

reasonable cause to believe that the minor may be a minor in need of

treatment and that an evaluation is necessary to properly determine

the condition and treatment needs of the minor, if any; and

2. After an outpatient or inpatient mental health evaluation, a

licensed mental health professional determines and states in writing

that in the opinion of the professional, the minor is a minor in

need of treatment and:

a. the minor appears to have a mental illness or drug or

alcohol dependence serious enough to warrant inpatient

treatment and is reasonably likely to benefit from the

treatment, and

b. based upon the following, inpatient treatment is

determined to be the least restrictive alternative

that meets the needs of the minor:

(1) reasonable efforts have been made to provide for

the treatment needs of the minor through the

provision of less restrictive alternatives and

such alternatives have failed to meet the

treatment needs of the minor, or

(2) after a thorough consideration of less

restrictive alternatives to inpatient treatment,

the condition of the minor is such that less

restrictive alternatives are unlikely to meet the

treatment needs of the minor, and

c. the minor has been provided with a clinically

appropriate explanation of the nature and purpose of

the treatment.

The consenting parent shall have the opportunity to discuss the

findings with a person involved in the treatment of the minor.

C. The determinations and written statements of a licensed

mental health professional made pursuant to this section shall, upon

the admission of the minor for inpatient evaluation or treatment, be

made a part of the medical record of the minor.

D. Inpatient treatment of a minor admitted under this section

may not continue unless continued inpatient treatment has been

authorized by appropriate hospital medical personnel, based upon

their written findings that the criteria set forth in subsection B

of this section continue to be met, after such persons have examined

the minor and interviewed the consenting parent and reviewed reports

submitted by members of the facility staff familiar with the

Oklahoma Statutes - Title 43A. Mental Health Page 165

condition of the minor. This finding is subject to the review

provisions contained in Section 5-512 of this title.

E. A mental health or substance abuse treatment facility may

request that the district attorney file a petition alleging a minor

to be a minor in need of treatment and require inpatient treatment

when the parent consenting to the admission of a minor or when the

minor age sixteen (16) years or older who had previously consented

to admission revokes such consent and the person in charge of the

facility, or a designee, determines that the condition of the minor

is such that the minor should remain in the facility. If the

district attorney refuses to file a petition, the district attorney

must immediately notify the requesting facility, in writing, of the

refusal to file.

F. A minor who is in the legal custody of the Department of

Human Services or the Office of Juvenile Affairs and who is a ward

of a court may be admitted to a hospital or other facility for

inpatient mental health or substance abuse treatment only pursuant

to the provisions of Section 5-507 of this title.

1. A public or private child care agency having legal custody

of a minor may request the district attorney to file a petition

alleging the minor to be a minor in need of treatment and to require

inpatient treatment.

2. Nothing in the Inpatient Mental Health and Substance Abuse

Treatment of Minors Act shall be interpreted to prohibit or preclude

the provision of outpatient treatment or services including, but not

limited to, outpatient evaluation, counseling, educational,

rehabilitative or other mental health and substance abuse services

to the minor, as necessary and appropriate, in the absence of a

specific court order for such services.

G. 1. An order of a court committing a minor to a facility for

inpatient mental health or substance abuse evaluation or treatment

shall not, by itself, relieve a parent of the obligation to provide

for the support of the minor nor of liability for the cost of

treatment provided to the minor.

2. Nothing in the Inpatient Mental Health and Substance Abuse

Treatment of Minors Act shall be interpreted to:

a. limit the authority of the court to order a parent to

make support payments or to make payments or

reimbursements for medical care or treatment,

including mental health care or treatment, to the

person, institution, or agency having custody of the

minor or providing the treatment, or

b. abrogate the right of the minor to any benefits

provided through public funds for which the minor is

otherwise eligible.

3. An order committing a minor to a facility for inpatient

mental health or substance abuse treatment shall not by itself serve

Oklahoma Statutes - Title 43A. Mental Health Page 166

to preclude a subsequent adjudication which finds the minor to be

delinquent, in need of supervision or deprived nor shall it cause

the vacation of any such order of adjudication previously entered.

H. If the parent who consented to the admission of a minor

under this section revokes such consent at any time, the minor shall

be discharged within forty-eight (48) hours, excluding weekends and

holidays, unless the district attorney is requested to file a

petition alleging the minor to be a minor in need of treatment and

to require inpatient treatment in accordance with the provisions of

this title. If the district attorney refuses to file a petition,

the district attorney must immediately notify the requesting

facility, in writing, of the refusal to file.

I. If a minor sixteen (16) years of age or older who consented

to treatment subsequently revokes their consent at any time, the

minor shall be discharged within forty-eight (48) hours, excluding

weekends and holidays, unless the district attorney is requested to

file a petition alleging the minor to be a minor in need of

treatment and to require inpatient treatment in accordance with the

provisions of this title or the parent of the minor subsequently

consents to the treatment of the minor. If the district attorney

refuses to file a petition, the district attorney must immediately

notify the requesting facility, in writing, of the refusal to file.
Okla. Stat. tit. 43A, § 43A-61 — OK Code / Title 43A / Section 43A-61
Renumbered as § 3-702 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-335 — OK Code / Title 43A / Section 43A-3-335
Behavioral health certification or license applicants
Status: in_force

and renewals — Required information.

A. As used in this section:

1. "Board" means any of the following:

a. the State Board of Examiners of Psychologists,

b. the State Board of Behavioral Health Licensure,

c. the Oklahoma State Board of Licensed Social Workers,

or

d. the Oklahoma Board of Licensed Alcohol and Drug

Counselors;

2. "Licensed mental health professional" means an individual

who holds any type of license pursuant to the:

a. Psychologists Licensing Act,

b. Psychology Interjurisdictional Compact,

c. Licensed Professional Counselors Act,

d. Janet Phillips Act of 2023,

e. Marital and Family Therapist Licensure Act,

f. Social Worker's Licensing Act, or

g. Licensed Alcohol and Drug Counselors Act; and

3. "Certified mental health professional" means an individual

who holds any type of certification pursuant to the Unified

Community Mental Health Services Act.

B. Every applicant for a behavioral health certification or

license issued by a designated board shall provide the following

information:

1. Demographic information, including race, ethnicity, gender,

date of birth, and languages spoken;

2. Educational background, training information, internship

information, if applicable, and location of internship or program

attended; and

3. If the applicant has any other mental health certifications

or licenses.

Oklahoma Statutes - Title 43A. Mental Health Page 80

C. Every mental health professional who is renewing a

behavioral health certification or license issued by a designated

board shall report the following information:

1. Changes to demographic information required upon initial

application for licensure or certification;

2. Workforce retention information, including, but not limited

to, anticipated changes in licensure status or retirement; and

3. Workforce practice trends, including, but not limited to:

a. practice specialization, if applicable,

b. practice location and physical address, if applicable,

c. service delivery area, by county,

d. if the licensee is currently using their license and

if its average use is between one (1) through ten

(10), eleven (11) through twenty (20), twenty-one (21)

through thirty (30), or over thirty-one (31) hours of

client-facing hours per week, and

e. the use of telehealth.

D. The boards designated in subsection A of this section shall

promulgate rules to effectuate the provisions of this section.

E. The boards designated in subsection A of this section shall

furnish de-identified annual licensure and certification data to the

Oklahoma Department of Mental Health and Substance Abuse Services.

F. The Oklahoma Department of Mental Health and Substance Abuse

Services shall compile the de-identified information collected in

this section into an annual report. The report shall not contain

any personal identifying information. The annual report shall be

posted on the agency's website and submitted to the President Pro

Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma

House of Representatives, and the chairs of the committees with

responsibility over public health in both chambers of the

Legislature.

G. Nothing in this section shall be interpreted to expand the

amount of public-facing data about Oklahoma's individual behavioral

health licensees.Oklahoma Statutes - Title 43A. Mental Health Page 3
Okla. Stat. tit. 43A, § 43A-71 — OK Code / Title 43A / Section 43A-71
Renumbered as § 6-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-26 — OK Code / Title 43A / Section 43A-26
Renumbered as § 2-107 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-101 — OK Code / Title 43A / Section 43A-5-101
Procedures for admission to state facility, psychiatric
Status: in_force

hospital or private institution.

A. Any person who has a mental illness or is alcohol- or drug-

dependent to a degree which warrants inpatient treatment or care,

and who is not in confinement in any jail or correctional facility

on a criminal charge or conviction and who has no criminal charges

pending against him or her, may be admitted to and confined in a

facility within the Department of Mental Health and Substance Abuse

Services, a state psychiatric hospital, or a licensed private

institution by compliance with any one of the following procedures:

1. Emergency admission;

2. On voluntary application; or

3. On involuntary court commitment.

B. Any person who has a mental illness or is alcohol- or drug-

dependent to a degree which warrants inpatient treatment or care and

who has criminal charges pending against him or her but is not

confined in any jail or correctional facility may be admitted to a

facility within the Department or a licensed private institution

pursuant to the provisions of subsection A of this section;

provided, the facility or hospital shall be authorized to take such

reasonable steps as necessary to assure the protection of the

public, the residents of the facility or hospital and the person

including, but not limited to, segregation and private facilities.

Provided further, treatment received pursuant to this subsection

shall not constitute a defense in any criminal proceeding except as

otherwise provided by Title 22 of the Oklahoma Statutes.

Oklahoma Statutes - Title 43A. Mental Health Page 113

C. 1. Any person confined pursuant to a criminal charge shall

only be admitted to and confined pursuant to a court order issued in

compliance with the provisions of Section 1175.6 of Title 22 of the

Oklahoma Statutes.

2. No person shall be deprived of his or her liberty on the

grounds that such person is, or is supposed to have, a mental

illness or is in need of mental health treatment, except in

accordance with the provisions of the Mental Health Law.
Okla. Stat. tit. 43, § 43-601-616 — OK Code / Title 43 / Section 43-601-616
Registration of foreign child support orders -
Status: in_force

Petition for modification.

A party or support enforcement agency seeking to modify or to

modify and enforce a foreign child support order not under the

Convention may register that order in this state under Sections 601-

601 through 601-608 if the order has not been registered. A

petition for modification may be filed at the same time as a request

for registration or at another time. The petition must specify the

grounds for modification.
Okla. Stat. tit. 43A, § 43A-5-208 — OK Code / Title 43A / Section 43A-5-208
Initial assessments - Emergency detention - Release
Status: in_force

A. 1. A consumer in protective custody as provided by Section

5-207 of this title shall be subject to an initial assessment at the

appropriate facility by a licensed mental health professional within

twelve (12) hours of being placed in protective custody for the

purpose of determining whether emergency detention of the consumer

is warranted. The initial assessment of the consumer shall include

an appropriate screening and assessment process, as determined by

the Department of Mental Health and Substance Abuse Services,

designed to identify possible alcohol or drug abuse or dependency.

2. If, upon examination, the licensed mental health

professional determines that the consumer is not a person requiring

treatment or that the condition of the consumer is such that

emergency detention is not warranted, the consumer shall either be

returned by an officer immediately to the point where the consumer

was taken into protective custody and released or taken to the home

or residence of such consumer or to an alternative facility. If the

home or residence of the consumer is a nursing home or group home,

such home shall not refuse the return of the consumer to his or her

residence.

3. If, upon examination, the licensed mental health

professional determines that the consumer is a person requiring

treatment to a degree that emergency detention is warranted, the

licensed mental health professional shall immediately prepare a

statement describing the findings of the examination and stating the

basis for the determination, and the consumer shall be detained in

emergency detention for a period not to exceed one hundred twenty

(120) hours or five (5) days, excluding weekends and holidays,

Oklahoma Statutes - Title 43A. Mental Health Page 125

except upon a court order authorizing detention pending a hearing on

a petition requesting involuntary commitment or treatment.

4. During the emergency detention period:

a. a mental health evaluation of the consumer shall be

conducted by two licensed mental health professionals

and, if the consumer appears to have a mental illness

or be alcohol- or drug-dependent and be a consumer

requiring treatment, and

b. reasonable efforts shall be made to determine whether

the consumer has a current and unrevoked advance

directive executed pursuant to the Advance Directives

for Mental Health Treatment Act.

5. If during the emergency detention the consumer becomes

medically unstable, the time limit on the emergency detention period

stipulated in paragraph 3 of this subsection shall be tolled until

the consumer is treated at a medical facility and is medically

stabilized.

B. 1. If a licensed mental health professional, designated to

have the responsibility by the executive director or person in

charge of a hospital, or the executive director or person in charge

of a facility designated by the Commissioner of Mental Health and

Substance Abuse Services as appropriate for emergency detention

believes a voluntary consumer to be a person requiring treatment to

a degree that emergency action is necessary, the hospital or

facility may detain such consumer in emergency detention for a

period not to exceed one hundred twenty (120) hours or five (5)

days, excluding weekends and holidays, only on the following

conditions:

a. the consumer has refused to consent or has withdrawn

consent to voluntary treatment,

b. the consumer has been examined by a licensed mental

health professional who has determined that the

consumer is a person requiring treatment, the

condition of the consumer is such that emergency

detention is warranted, and a statement has been

prepared as provided in subsection A of this section,

and

c. the executive director or person in charge or the

designee shall provide for a mental health evaluation

of the consumer by two licensed mental health

professionals.

2. If during the emergency detention the consumer becomes

medically unstable, the time limit on the emergency detention period

stipulated in paragraph 1 of this subsection shall be tolled until

the consumer is treated at a medical facility and is medically

stabilized.

Oklahoma Statutes - Title 43A. Mental Health Page 126

C. Whenever it appears that a consumer detained pursuant to the

provisions of this section is no longer a person requiring treatment

and will not require treatment beyond the period of detention, the

consumer shall be discharged and returned by an officer to the point

where he or she was taken into protective custody, or if the

consumer had not been in protective custody, the consumer shall be

taken to the home or residence of the consumer or to an alternative

facility. If the home or residence of the consumer is a nursing

home or group home, it shall not refuse the return of the consumer

to his or her residence.

D. Whenever it appears that a person detained as provided by

this section will require treatment beyond the period of emergency

detention and the person has refused to consent to voluntary

treatment, a licensed mental health professional conducting an

evaluation of the person or the executive director of the facility

in which the person is being detained, or the designee of the

executive director, shall immediately file a petition or request the

district attorney to file a petition with the district court as

provided by Section 5-410 of this title, and may request a court

order directing prehearing detention when such detention is

necessary for the protection of the person or others.
Okla. Stat. tit. 43A, § 43A-551 — OK Code / Title 43A / Section 43A-551
Renumbered as § 5-301 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-703 — OK Code / Title 43 / Section 43-601-703
Department of Human Services as designated agency
Status: in_force

The Department of Human Services of this state is recognized as

the agency designated by the United States central authority to

perform specific functions under the convention.
Okla. Stat. tit. 43A, § 43A-810 — OK Code / Title 43A / Section 43A-810
Renumbered as § 10-110 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-111.3 — OK Code / Title 43 / Section 43-111.3
Duty to facilitate visitation - Interference with
Status: in_force

visitation rights of noncustodial parent - Motion for enforcement.

A. Any order of the court providing for visitation shall

contain a provision stating that the custodial parent has a duty to

facilitate visitation of a minor child with the noncustodial parent.

B. When a noncustodial parent has been granted visitation

rights and those rights are denied or otherwise interfered with by

the custodial parent, in addition to the remedy provided in

subsection B of Section 111.1 of this title, the noncustodial parent

may file with the court clerk a motion for enforcement of visitation

rights. The motion shall be filed on a form provided by the court

clerk. Upon filing of the motion, the court shall immediately set a

hearing on the motion, which shall be not more than twenty-one (21)

days after the filing of the motion.

C. Notice of a hearing pursuant to subsection A of this section

shall be given to all interested parties by certified mail, return

receipt requested, or as ordered by the court.

D. If the court finds that visitation rights of the

noncustodial parent have been unreasonably denied or otherwise

interfered with by the custodial parent, the court shall enter an

order providing for one or more of the following:

1. A specific visitation schedule;

2. Compensating visitation time for the visitation denied or

otherwise interfered with, which time shall be of the same type

(e.g. holiday, weekday, weekend, summer) as the visitation denied or

otherwise interfered with, and shall be at the convenience of the

noncustodial parent;

3. Posting of a bond, either cash or with sufficient sureties,

conditioned upon compliance with the order granting visitation

rights;

4. Attendance of one or both parents at counseling or

educational sessions which focus on the impact of visitation

disputes on children;

5. Supervised visitation; or

6. Any other remedy the court considers appropriate, which may

include an order which modifies a prior order granting child

custody.

E. The prevailing party shall be granted reasonable attorney

fees, mediation costs, and court costs.

Oklahoma Statutes - Title 43. Marriage and Family Page 53

F. Final disposition of a motion filed pursuant to this section

shall take place no later than forty-five (45) days after filing of

the motion.

G. The Office of the Court Administrator shall maintain on the

OSCN system the form required by subsection A of this section to be

used for a motion to enforce visitation rights which shall be in

substantially the following form:

IN THE DISTRICT COURT OF _______________________ COUNTY

STATE OF OKLAHOMA

_______________, Petitioner/Plaintiff,

v.

_______________, Respondent/Defendant.

Case No. _______________

Assigned Judge ___________________________

MOTION FOR ENFORCEMENT OF NON-CUSTODIAL PARENT VISITATION RIGHTS

The undersigned Non-Custodial Parent in the above case moves the

Court, pursuant to the provisions of Section 111.3 of Title 43 of

the Oklahoma Statutes, to enforce visitation rights which have been

unreasonably denied or interfered with by the Custodial Parent.

The Name(s) and Age(s) of the Child(ren) to which my visitation

rights have been unreasonably denied are:

__________________________________

Date of Birth: _____________________________

__________________________________

Date of Birth: _____________________________

__________________________________

Date of Birth: _____________________________

The approximate date of my last visit with the Child(ren) was:

___________________________________________________________________.

Within the past 12 months, I have visited with the Child(ren)

approximately _________ of times of visitation times.

Within the past 12 months, I have been denied requested visitation

approximately _________ of times of denied visitation times.

On the attached page, I have stated THE SPECIFIC DETAILS as to how

and when my visitation with the Child(ren) was denied.

Signed under penalties of perjury this ________ day of

________________________, 20______.

My Signature: ________________________________________

My Full Name:

___________________________________________________________________

My Mailing Address:

___________________________________________________________________

My Telephone Numbers:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Oklahoma Statutes - Title 43. Marriage and Family Page 54

Subscribed and sworn to before me this _____ day of __________,

20__.

____________________________

Notary Public (or Clerk or Judge)

My Commission Expires:

______________________

ORDER

The people of the State of Oklahoma, to the within-named defendant:

You are hereby directed to appear and answer the foregoing claim and

to have with you all books, papers, and witnesses needed by you to

establish your defense to the claim.

This matter shall be heard at ____________________ (name or address

of building), in _______________, County of _______________, State

of Oklahoma, at the hour of _____ o'clock of the _____ day of

__________, 20__. And you are further notified that in case you do

not so appear judgment will be given against you as follows:

For the enforcement or modification of custody as requested by the

movant.

And, in addition, for costs of the action (including attorney fees

where provided by law), including costs of service of the order.

Dated this _____ day of __________, 20__.

________________________________________

Clerk of the Court (or Judge)

A copy of this order must be mailed by certified mail, return

receipt requested to the non-moving party and return of service

brought to the hearing.
Okla. Stat. tit. 43, § 43-105 — OK Code / Title 43 / Section 43-105
Petition and summons
Status: in_force

A. A proceeding for dissolution of marriage, an annulment of a

marriage, or a legal separation shall be titled "In re the Marriage

of _______ and ______".

B. The initial pleading in all proceedings under this title

shall be denominated a petition. The person filing the petition

shall be called the petitioner. A responsive pleading shall be

denominated a response. The person filing the responsive pleading

shall be called the respondent. Other pleadings shall be

denominated as provided in the Rules of Civil Procedure, except as

otherwise provided in this section.

C. The petition must be verified as true, by the affidavit of

the petitioner.

D. A summons may issue thereon, and shall be served, or

publication made, as in other civil cases.

E. Wherever it occurs in this title or in any other title of

the Oklahoma Statutes or in any forms or court documents prepared

pursuant to the provisions of the Oklahoma Statutes, the term

“divorce” shall mean and be deemed to refer to a “dissolution of

marriage” unless the context or subject matter otherwise requires.

R.L. 1910, § 4964. Amended by Laws 1973, c. 262, § 6, operative

July 1, 1973. Renumbered from § 1273 of Title 12 by Laws 1989, c.

333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 3,

eff. Nov. 1, 2002; Laws 2003, c. 302, § 1, emerg. eff. May 28, 2003.
Okla. Stat. tit. 43A, § 43A-3-453.1 — OK Code / Title 43A / Section 43A-3-453.1
Operating facility without certification -
Status: in_force

Injunction.

A. The Attorney General, the Department of Mental Health and

Substance Abuse Services, or the district attorney of the

appropriate district court may bring an action in a court of

competent jurisdiction for an injunction against any individual for

operating an alcohol and drug substance course without the

appropriate certification by the Department of Mental Health and

Substance Abuse Services or for a violation of any order or

determination of the Department.

B. Any findings of the Department, after hearing and due

process, in any action for an injunction brought pursuant to this

section, shall be prima facie evidence of the facts.

C. The district court for the county where the facility is

located has jurisdiction to determine the action, to grant the

necessary injunctive relief and to award attorney’s fees to the

prevailing party.
Okla. Stat. tit. 43A, § 43A-3-601 — OK Code / Title 43A / Section 43A-3-601
Opioid substitution treatment programs – Definitions –
Status: in_force

Rules and standards - Violations.

A. Any Class II controlled dangerous substance, when used in

this state by an opioid substitution treatment program for persons

with a history of opioid addiction to or physiologic dependence on

controlled dangerous substances, shall only be used:

1. In treating persons with a history of addiction;

2. In treating persons with a one-year history of opioid

addiction to or physiologic dependence on controlled dangerous

substances, as defined by the Code of Federal Regulations, and

documentation of attempting another type of treatment; or

Oklahoma Statutes - Title 43A. Mental Health Page 102

3. If clinically appropriate, the program physician may waive

the requirement of a one-year history of opioid addiction for

consumers within six (6) months of release from a penal institution,

for consumers with a pregnancy verified by the program physician, or

for consumers having previously received treatment for opioid

addiction and within two (2) years of discharge from that treatment

episode.

B. Any conviction for a violation of the provisions of this

section or any rules promulgated pursuant to the provisions of this

section shall be a Class D1 felony offense and shall be punished as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes.

C. For the purposes of this section, “opioid substitution

treatment program” means a person, private physician, or

organization that administers or dispenses an opioid drug to a

narcotic addict for the purposes of detoxification or maintenance

treatment or provides, when necessary and appropriate, comprehensive

medical and rehabilitation services. A private physician who

administers buprenorphine with a waiver from the Drug Enforcement

Administration shall not be considered an opioid substitution

treatment program.

D. An opioid substitution treatment program shall be certified

by the Board of Mental Health and Substance Abuse Services, or the

Commissioner of Mental Health and Substance Abuse Services upon

delegation by the Board, and registered with the federal Drug

Enforcement Administration for the use of an opioid drug to treat

narcotic addiction.

E. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for the certification of all

programs, private facilities, and organizations which provide opioid

substitution treatment directed to those physiologically dependent

on or addicted to opioids. These facilities and organizations shall

be known as “Opioid Substitution Treatment Programs”. Only

certified facilities may receive and assist opioid-dependent and

addicted persons by providing Class II controlled substances in

opioid substitution treatment and rehabilitation.

F. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards regulating the treatment and

services provided by opioid substitution treatment programs.

Failure to comply with rules and standards promulgated by the Board

shall be grounds for revocation, suspension or nonrenewal of

certification.

G. An opioid substitution treatment program shall comply with

all federal requirements for opioid treatment programs provided by

42 C.F.R., Subpart C including but not limited to the requirement to

provide drug abuse testing services provided by 42 C.F.R., Section

Oklahoma Statutes - Title 43A. Mental Health Page 103

8.12(f)(6). Drug abuse testing shall be directly observed by an

employee or contractor of the opioid substitution treatment program.

H. Opioid substitution treatment programs shall notify the

Department of Mental Health and Substance Abuse Services of plans to

close or relocate within a minimum of thirty (30) days prior to

closure or relocation.

I. Failure to comply with rules and standards promulgated by

the Board of Mental Health and Substance Abuse Services pursuant to

this section or failure to comply with the requirements of 42

C.F.R., Subpart C shall be grounds for reprimand, suspension,

revocation or nonrenewal of certification.
Okla. Stat. tit. 43A, § 43A-173 — OK Code / Title 43A / Section 43A-173
Renumbered as § 7-105 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-10-101 — OK Code / Title 43A / Section 43A-10-101
Short title
Status: in_force

Sections 10-101 through 10-110 of this title may be cited as the

"Protective Services for Vulnerable Adults Act".

Oklahoma Statutes - Title 43A. Mental Health Page 199
Okla. Stat. tit. 43, § 43-139.1 — OK Code / Title 43 / Section 43-139.1
Revocation, suspension, nonissuance, or nonrenewal of license or placement of obligor
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 3license or placement of obligor on probation as remedy for

noncompliance with support order.

A. As used in this section and Section 6-201.1 of Title 47 of

the Oklahoma Statutes:

1. "Licensing board" means any bureau, department, division,

board, agency or commission of this state or of a municipality in

this state that issues a license;

2. "Noncompliance with an order for support" means that the

obligor has failed to make child support payments required by a

child support order in an amount equal to the child support payable

for at least ninety (90) days or has failed to make full payments

pursuant to a court-ordered payment plan for at least ninety (90)

days or has failed to obtain or maintain health insurance coverage

as required by an order for support for at least ninety (90) days or

has failed, after receiving appropriate notice to comply with

subpoenas or orders relating to paternity or child support

proceedings or has failed to comply with an order to submit to

genetic testing to determine paternity;

3. "Order for support" means any judgment or order for the

support of dependent children or an order to submit to genetic

testing to determine paternity issued by any court of this state or

other state or any judgment or order issued in accordance with an

administrative procedure established by state law that affords

substantial due process and is subject to judicial review;

Oklahoma Statutes - Title 43. Marriage and Family Page 122

4. "License" means any recreational license or permit

including, but not limited to, a hunting and fishing license or

other authorization issued pursuant to the Oklahoma Wildlife

Conservation Code, or certificates of title for vessels and motors

and other licenses or registrations issued pursuant to the Oklahoma

Vessel and Motor Registration Act;

5. "Obligor" means the person who is required to make payments

or comply with other provisions of an order for support;

6. "Oklahoma Child Support Services (OCSS)" means the state

agency designated to administer a statewide plan for child support

pursuant to Section 237 of Title 56 of the Oklahoma Statutes;

7. "Person entitled" means:

a. a person to whom a support debt or support obligation

is owed,

b. the OCSS or a public agency of another state that has

the right to receive current or accrued support

payments or that is providing support enforcement

services, or

c. a person designated in a support order or as otherwise

specified by the court; and

8. "Payment plan" includes, but is not limited to, a plan

approved by the court that provides sufficient security to ensure

compliance with a support order and/or that incorporates voluntary

or involuntary income assignment or a similar plan for periodic

payment on an arrearage and, if applicable, current and future

support.

B. 1. Except as otherwise provided by this subsection, the

district courts of this state are hereby authorized to order the

revocation, suspension, nonissuance or nonrenewal of a license or

the placement of the obligor on probation who is in noncompliance

with an order for support.

2. The remedy under this section is in addition to any other

enforcement remedy available to the court.

C. 1. At any hearing involving the support of a child, if the

district court finds evidence presented at the hearing that an

obligor is in noncompliance with an order for support and the

obligor is licensed by any licensing board, the court, in addition

to any other enforcement action available, may suspend or revoke the

license of the obligor who is in noncompliance with the order of

support or place the obligor on probation pursuant to paragraph 2 of

this subsection.

2. a. To be placed on probation, the obligor shall agree to

a payment plan to:

(1) make all future child support payments as

required by the current order during the period

of probation, and

(2) pay the full amount of the arrearage:

Oklahoma Statutes - Title 43. Marriage and Family Page 123

(a) by lump sum by a date certain, if the court

determines the obligor has the ability, or

(b) by making monthly payments in addition to

the monthly child support amount pursuant to

Section 137 of this title.

b. The payments required to be made pursuant to this

section shall continue until the child support

arrearage and interest which was the subject of the

license revocation action have been paid in full.

3. If the court orders probation, the appropriate licensing

board shall not be notified and no action is required of that board.

4. Probation shall be conditioned upon full compliance with the

order. If the court grants probation, the probationary period shall

not exceed three (3) years.

5. If the obligor is placed on probation, the obligee or OCSS

may request a hearing at any time to review the status of the

obligor's compliance with the payment plan and to request immediate

suspension or revocation of the obligor's license. The obligor

shall be served with notice of the hearing by regular mail to the

obligor's address of record pursuant to Section 112A of this title.

6. If, by the completion of time allotted for the probationary

period, the obligor has failed to fully comply with the terms of

probation, the licenses of the obligor shall be automatically

suspended or revoked without further hearing. If the licenses of

the obligor are suspended or revoked, the obligor may thereafter

apply for reinstatement in compliance with subsection D or E of this

section.

D. When all support due is paid in full and the obligor has

complied with all other provisions of the order for support, the

obligor, the obligee or OCSS may file a motion with the court for

reinstatement of the obligor's licenses or termination of probation

and the motion shall be set for hearing. If the court finds the

obligor has paid all support due in full and has complied with all

other provisions of the order for support, the court shall reinstate

the obligor's licenses or terminate the probation.

E. 1. An obligor whose licenses have been suspended or revoked

may file a motion with the court for reinstatement of the licenses

of the obligor prior to payment in full of all support due and the

motion shall be set for hearing.

2. The court may reinstate the licenses of the obligor if the

obligor has:

a. paid the current child support and the monthly

arrearage payments each month for the current month

and two (2) months immediately preceding, or paid an

amount equivalent to three (3) months of child support

and arrearage payments which satisfies the current

child support and monthly arrearage payments for the

Oklahoma Statutes - Title 43. Marriage and Family Page 124

current month and two (2) months immediately

preceding,

b. disclosed all information regarding health insurance

availability and obtained and maintained health

insurance coverage required by an order for support,

c. complied with all subpoenas and orders relating to

paternity or child support proceedings,

d. complied with all orders to submit to genetic testing

to determine paternity, and

e. disclosed all employment and address information.

3. If the court terminates the order of suspension, revocation,

nonissuance or nonrenewal, it shall place the obligor on probation,

conditioned upon compliance with any payment plan and the provisions

of the order for support.

4. If the obligor fails to comply with the terms of probation,

the court may refuse to reinstate the licenses of the obligor unless

the obligor makes additional payments in an amount determined by the

court to be sufficient to ensure future compliance, and the obligor

complies with the other terms set by the court.

F. The obligor shall serve on the custodian or the state a copy

of the motion for reinstatement of the licenses of the obligor and

notice of hearing pursuant to Section 2005 of Title 12 of the

Oklahoma Statutes, or if there is an address of record, by regular

mail to the address of record on file with the central case registry

pursuant to Section 112A of this title. When child support services

are being provided pursuant to Section 237 of Title 56 of the

Oklahoma Statutes, the obligor shall serve a copy of the motion for

reinstatement of the licenses of the obligor on OCSS.

G. If the court orders termination of the order of suspension

or revocation, the obligor shall send a copy of the order

reinstating the licenses of the obligor to the licensing board, the

custodian and OCSS when child support services are being provided

pursuant to Section 237 of Title 56 of the Oklahoma Statutes.

H. Entry of this order does not limit the ability of the court

to issue a new order requiring the licensing board to revoke or

suspend the license of the same obligor in the event of another

delinquency or failure to comply.

I. Upon receipt of a court order to suspend or revoke the

license of an obligor, the licensing board shall comply with the

order by:

1. Determining if the licensing board has issued a license to

the individual whose name appears on the order for support;

2. Notifying the obligor of the suspension or revocation;

3. Demanding surrender of the license, if required;

4. Entering the suspension or revocation of the license on the

appropriate records; and

Oklahoma Statutes - Title 43. Marriage and Family Page 125

5. Reporting the suspension or revocation of the license as

appropriate.

J. Upon receipt of a court order to not issue or not renew the

license of an obligor, the licensing board shall implement by:

1. Determining if the licensing board has received an

application for issuance or renewal of a license from the individual

whose name appears on the order of support;

2. Notifying the obligor of the nonissuance or nonrenewal; and

3. Entering the nonissuance or nonrenewal of the license as

appropriate.

K. An order, issued by the court, directing the licensing board

to suspend, revoke, not issue or not renew the license of the

obligor shall be processed and implemented by the licensing board

without any additional review or hearing and shall continue until

the court or appellate court advises the licensing board by order

that the suspension, revocation, nonissuance or nonrenewal is

terminated.

L. The licensing board has no jurisdiction to modify, remand,

reverse, vacate, or stay the order of the court for the suspension,

revocation, nonissuance or nonrenewal of a license.

M. In the event of suspension, revocation, nonissuance or

nonrenewal of a license, any funds paid by the obligor to the

licensing board for costs related to issuance, renewal, or

maintenance of a license shall not be refunded to the obligor.

N. A licensing board may charge the obligor a fee to cover the

administrative costs incurred by the licensing board to administer

the provisions of this section. Fees collected pursuant to this

section by a licensing board which has an agency revolving fund

shall be deposited in the agency revolving fund for the use by the

licensing board to pay the costs of administering this section.

Otherwise, the administrative costs shall be deposited in the

General Revenue Fund of the state.

O. Each licensing board shall promulgate rules necessary for

the implementation and administration of this section.

P. The licensing board is exempt from liability to the obligor

for activities conducted in compliance with Section 139 et seq. of

this title.

Q. A final order entered pursuant to this section may be

appealed to the Supreme Court of Oklahoma pursuant to Section 990A

of Title 12 of the Oklahoma Statutes.
Okla. Stat. tit. 43, § 43-601-202 — OK Code / Title 43 / Section 43-601-202
Duration of jurisdiction
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a

proceeding under this act or other law of this state relating to a

support order continues as long as a tribunal of this state has

continuing, exclusive jurisdiction to modify its order or continuing

jurisdiction to enforce its order as provided by Sections 601-205,

601-206, and 601-211 of this title.
Okla. Stat. tit. 43A, § 43A-3-417.1 — OK Code / Title 43A / Section 43A-3-417.1
Transitional living centers and halfway houses –
Status: in_force

Nondiscriminatory zoning laws.

Any transitional living center or halfway house, as defined in

Section 3-403 of this title, shall be subject to the

nondiscriminatory zoning laws of the state, county or municipality

in which located, and the location of such facility is specifically

prohibited within one thousand (1,000) feet of any public or private

elementary or secondary school. Provided, that if any public or

private elementary or secondary school shall be established within

the prohibited distance from any such facility after such facility

has been in use as a transitional living center or halfway house,

this shall not be a bar to the continued use of the facility as

designated so long as it remains in continuous use as designated.

The distance indicated in this section shall be measured from the

nearest property line of the school to the nearest property line of

the transitional living center or halfway house. The provisions of

this section shall not apply to any transitional living center or

halfway house established prior to the effective date of this act.
Okla. Stat. tit. 43A, § 43A-5-413 — OK Code / Title 43A / Section 43A-5-413
Prehearing detention
Status: in_force

A. When a request for an order of prehearing detention is

attached to a petition alleging a person to have a mental illness

and to be a person requiring treatment, the district court shall

determine whether there is probable cause to detain the person who

is the subject of the petition prior to a hearing on the petition.

1. If the court issues an order for detention, it shall

immediately set a date, time, and place for a hearing on the

petition, and shall issue notice to each individual required to

receive notice pursuant to Section 5-412 of this title.

2. The period of prehearing detention shall not exceed seventy-

two (72) hours, excluding the weekends and holidays, except upon a

court order authorizing detention beyond a seventy-two-hour period

or pending the hearing on a petition requesting involuntary

commitment or treatment. Prehearing detention may be extended to

coincide with any order of continuance entered by the court.

B. If the court finds that probable cause to detain the person

alleged to have a mental illness and to be a person requiring

treatment does not exist, the court shall dismiss the request and,

if the person is being held in protective custody or emergency

detention, order the person released and returned to the point where

such person was taken into protective custody.

C. If the court finds that probable cause to detain the person

alleged to have a mental illness and to be a person requiring

treatment does exist:

1. An order may be entered authorizing any peace officer to

take that person into custody and to detain such person in a

suitable facility prior to the hearing on the petition; or

2. If the person is being held in emergency detention, the

court may issue an order authorizing the facility to detain the

person prior to a hearing on the petition.

Oklahoma Statutes - Title 43A. Mental Health Page 147

A certified copy of an order of prehearing detention shall

constitute authority for a facility to detain or to continue to

detain the person who is the subject of the order.
Okla. Stat. tit. 43, § 43-118A — OK Code / Title 43 / Section 43-118A
Definitions
Status: in_force

As used in Section 118 et seq. of this title:

1. "Adjusted Gross Income" (AGI) means the net determination of

the income of a parent, calculated by modifying the gross income of

the parent as follows:

a. adding to the gross income of the parent any Social

Security benefit paid to the child on the account of

the parent,

b. deducting from gross income the amount of any support

alimony arising in a prior case to the extent that

payment is actually made,

c. deducting from gross income any deductions as set

forth for other prior-born or after-born children for

whom the parent is legally responsible and is actually

supporting, pursuant to Section 118C of this title,

and

d. deducting the amount of reasonable expenses of the

parties attributable to debt service for preexisting,

jointly acquired debt of the parents;

2. "Base child support obligation" means the amount of support

displayed on the Schedule of Basic Child Support Obligations which

corresponds to the combined AGI of both parents and the number of

children for whom support is being determined. This amount is

rebuttably presumed to be the appropriate amount of basic child

support to be provided by both parents in the case immediately under

Oklahoma Statutes - Title 43. Marriage and Family Page 79

consideration, prior to consideration of any adjustments for medical

and child care costs, and any other additional expenses;

3. "Current monthly child support obligation" means the base

child support obligation and the proportional share of any health

care coverage, cash medical support and annualized child care costs;

4. "Custodial person" means a parent or third-party caretaker

who has physical custody of a child more than one hundred eighty-two

(182) days per year;

5. "Incarceration" means an obligor is in custody on a full-

time basis in a local, state or federal correctional facility.

Incarceration shall not include probation, parole, work release or

any other detention alternative program that allows the obligor to

be gainfully employed;

6. "Noncustodial parent" means a parent who has physical

custody of a child one hundred eighty-two (182) days per year or

less;

7. "Obligor" means the person who is required to make payments

under an order for support;

8. "Obligee" or "person entitled" means:

a. a person to whom a support debt or support obligation

is owed,

b. the Department of Human Services or a public agency of

another state that has the right to receive current or

accrued support payments or that is providing support

enforcement services, or

c. a person designated in a support order or as otherwise

specified by the court;

9. "Other contributions" means recurring monthly medical

expenses and visitation transportation costs that are not included

in the current monthly child support obligation;

10. "Overnight" means the child is in the physical custody and

control of a parent for an overnight period of at least twelve (12)

hours, and that parent has made a reasonable expenditure of

resources for the care of the child;

11. "Parent" means an individual who has a parent-child

relationship under the Uniform Parentage Act;

12. "Parenting time adjustment" means an adjustment to the base

child support amount based upon parenting time; and

13. "Payor" means any person or entity paying monies, income,

or earnings to an obligor. In the case of a self-employed person,

the "payor" and "obligor" may be the same person.
Okla. Stat. tit. 43A, § 43A-1-110.1 — OK Code / Title 43A / Section 43A-1-110.1
Mental Health Transport 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 “Mental Health Transport Revolving Fund”. The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Department from appropriations or other monies directed to the fund.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department to

carry out the provisions of Section 1-110 of Title 43A of the

Oklahoma Statutes. 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.
Okla. Stat. tit. 43A, § 43A-2-311 — OK Code / Title 43A / Section 43A-2-311
Community-based Substance Abuse 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 Community-based Substance Abuse Revolving Fund.

The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Department of Mental Health and Substance Abuse Services from low-

point beer permits pursuant to Section 163.7 of Title 37 of the

Oklahoma Statutes, enrollment fees for alcohol and drug substance

abuse courses pursuant to the provisions of Section 3-453 of this

title, and fees from certification of assessment agencies and

assessment personnel pursuant to the provisions of Section 3-460 of

this title. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the

Department of Mental Health and Substance Abuse Services for the

purpose of providing training and administrative services pursuant

to the provisions of Sections 3-453 and 3-460 of this title,

contracting with private facilities, organizations and tribal

programs to provide treatment, counseling, rehabilitation, and other

related services directed toward alcohol- and drug-dependent

persons, and contracting with statewide substance abuse

organizations to provide training and to establish and maintain a

collaborative network of providers to maintain and improve the

continuum of care between agencies that provide substance abuse

prevention, treatment, and advocacy programs using best practices

and innovative programs that focus on substance abuse services and

co-occurring disorders. 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.
Okla. Stat. tit. 43A, § 43A-5-512 — OK Code / Title 43A / Section 43A-5-512
Commitment to treatment facility – Evidence required –
Status: in_force

Least restrictive alternative - Review of commitment.

A. At the hearing the court shall determine whether by clear

and convincing evidence:

1. The minor has a demonstrable mental illness or is drug or

alcohol dependent and as a result of that mental illness or drug or

alcohol dependence can be expected within the near future to inflict

or attempt to inflict serious bodily harm to himself or herself, or

another person if services are not provided, and has engaged in one

or more recent overt acts or made significant recent threats which

substantially support that expectation; and

2. The minor is a minor in need of treatment proposed in the

individualized treatment plan and is likely to benefit from such

treatment.

B. After a hearing, the court shall order the minor to receive

the least restrictive care and treatment appropriate for the

treatment needs of the minor until such time as the care and

treatment are no longer necessary.

C. The court shall not commit a minor to a facility for

inpatient treatment unless the court determines:

1. The minor has a demonstrable mental illness or is drug or

alcohol dependent and as a result of that mental illness or drug or

alcohol dependence can be expected within the near future to inflict

or attempt to inflict serious bodily harm to himself or herself, or

another person if services are not provided, and has engaged in one

or more recent overt acts or made significant recent threats which

substantially support that expectation; or

2. That all reasonable efforts have been made to provide for

the treatment needs of the minor through the provision of less

restrictive alternatives to inpatient treatment and that such

alternatives have failed to meet the treatment needs of the minor;

or

3. After a thorough consideration of less restrictive

alternatives to inpatient treatment, that the condition of the minor

is such that less restrictive alternatives are unlikely to meet the

treatment needs of the minor; and

4. There are no comparably effective services available to the

minor that are less physically intrusive or restrictive.

D. Whenever, after a hearing, the court finds that the minor:

1. Is not a minor in need of treatment the court shall dismiss

the case; or

Oklahoma Statutes - Title 43A. Mental Health Page 177

2. Is a minor in need of treatment but does not require

inpatient treatment, the court may order treatment or services

through a less restrictive alternative to inpatient mental health or

substance abuse treatment, which may include ordering the minor to

take medication as prescribed by a physician and, upon a finding

that it is in the best interests of the minor, the court may order

the parents or other adult persons living in the home of the minor

to comply with reasonable conditions relating to the treatment of

the minor.

E. Whenever, after a hearing, the court finds that the minor is

a minor in need of treatment and requires inpatient treatment in a

mental health or substance abuse treatment facility, the court shall

order the commitment of the minor to a mental health or substance

abuse treatment facility until the minor is no longer a “minor in

need of treatment” as determined by medical staff, subject to the

review provisions contained in this section, and:

1. When the minor is in the custody of a parent or legal

guardian, order the parent or legal guardian to make arrangements

for the admission of the minor to a public or private mental health

or substance abuse treatment facility appropriate for the inpatient

care and treatment of minors which is willing to admit the minor for

treatment; and

2. When the minor is in the custody of the Department of Human

Services or the Office of Juvenile Affairs, order the Department or

Office, as applicable, to make arrangements for the placement of the

minor in a public or private mental health or substance abuseOklahoma Statutes - Title 43A. Mental Health Page 6treatment facility appropriate for the inpatient

care and treatment of minors which is willing to admit the minor for

treatment; and

2. When the minor is in the custody of the Department of Human

Services or the Office of Juvenile Affairs, order the Department or

Office, as applicable, to make arrangements for the placement of the

minor in a public or private mental health or substance abuse

treatment facility appropriate for the inpatient treatment needs of

the minor.

F. Whenever the court commits a minor to a mental health or

substance abuse treatment facility for inpatient treatment pursuant

to this section, the court shall set the matter for review and shall

review the matter not more than thirty (30) days from the date of

commitment and shall continue to review the matter at intervals of

not more than thirty (30) days until the minor is discharged from

inpatient treatment. Not less than three (3) days prior to the

review hearing, the mental health or substance abuse treatment

facility shall submit a report regarding the minor’s progress and

treatment and make a recommendation as to whether the minor needs

inpatient care and the reasons therefor.
Okla. Stat. tit. 43, § 43-129 — OK Code / Title 43 / Section 43-129
Alimony without divorce
Status: in_force

The wife or husband may obtain alimony from the other without a

divorce, in an action brought for that purpose in the district

court, for any of the causes for which a divorce may be granted.

Either may make the same defense to such action as he might to an

action for divorce, and may, for sufficient cause, obtain a divorce

from the other in such action.
Okla. Stat. tit. 43A, § 43A-3-701a — OK Code / Title 43A / Section 43A-3-701a
Renumbered as Section 627 of Title 57 of the Oklahoma Statutes by Laws 2007, c. 337,
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 4Statutes by Laws 2007, c. 337, § 2, emerg. eff. June 4, 2007.
Okla. Stat. tit. 43, § 43-601-206 — OK Code / Title 43 / Section 43-601-206
Request for enforcement of order by tribunal of other
Status: in_force

state

A. A tribunal of this state that has issued a child support

order consistent with the law of this state may serve as an

initiating tribunal to request a tribunal of another state to

enforce:

1. The order if the order is the controlling order and has not

been modified by a tribunal of another state that assumed

jurisdiction pursuant to the Uniform Interstate Family Support Act;

or

2. A money judgment for arrears of support and interest on the

order accrued before a determination that an order of a tribunal of

another state is the controlling order.

B. A tribunal of this state having continuing jurisdiction over

a support order may act as a responding tribunal to enforce the

order.
Okla. Stat. tit. 43, § 43-561-101 — OK Code / Title 43 / Section 43-561-101
Short title — Uniform Unregulated Child Custody
Status: in_force

Transfer Act.

This act shall be known and may be cited as the “Uniform

Unregulated Child Custody Transfer Act”.
Okla. Stat. tit. 43A, § 43A-4-104 — OK Code / Title 43A / Section 43A-4-104
Surgical operations - Notice - Emergency
Status: in_force

Before proceeding with any major operation which in the judgment

of the executive director of the facility is advisable or necessary,

the executive director shall notify or cause to be notified the

spouse, parent or guardian or one of the next of kin residing in

Oklahoma, if the information is shown by the records on file with

the executive director. A copy of the notice shall be filed in the

Oklahoma Statutes - Title 43A. Mental Health Page 107

records of the consumer, except in cases of grave emergency where

the medical staff feels that surgical or other intervention is

necessary to prevent serious consequences or death, authority is

hereby given to proceed with such measure.
Okla. Stat. tit. 43A, § 43A-2-224 — OK Code / Title 43A / Section 43A-2-224
Collection of information for administrative purposes -
Status: in_force

Confidentiality.

A. The Department of Mental Health and Substance Abuse Services

shall have the authority to collect information sufficient to meet

the administration’s needs related to oversight, management,

evaluation, performance improvement and auditing of mental health,

and substance abuse services and combating and preventing mental

illness and substance abuse.

B. The individual forms, computer tapes and other forms of data

collected by and furnished to the Department shall be confidential

and shall not be public records as defined in the Oklahoma Open

Records Act.

Except as otherwise provided by state and federal

confidentiality laws, identifying information shall not be disclosed

and shall not be used for any public purpose other than the creation

and maintenance of anonymous datasets for statistical reporting and

data analysis.
Okla. Stat. tit. 43A, § 43A-3-415 — OK Code / Title 43A / Section 43A-3-415
Certified Services for the Alcohol and Drug Dependent –
Status: in_force

Exemptions – Fees to defray costs – Financial information of

applicants.

A. 1. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification for private

facilities and organizations which provide treatment, counseling,

recovery and rehabilitation services directed toward alcohol- and

drug-dependent persons. These facilities and organizations shall be

known as "Certified Services for the Alcohol- and Drug-Dependent".

Only certified facilities may receive and assist alcohol- and drug-

dependent persons by providing treatment, recovery support and

rehabilitation.

2. Any person violating the requirement that only certified

facilities may receive and assist alcohol- and drug-dependent

persons by providing treatment to alcohol- and drug-dependent

persons, upon conviction, shall be guilty of a misdemeanor. Except

as otherwise provided in this section, no substance abuse treatment

program shall operate or continue to operate unless the facility

complies with the rules promulgated by the Board and is certified as

required by this section.

B. Applications for certification as a certified service for

the alcohol- and drug-dependent person pursuant to the provisions of

Oklahoma Statutes - Title 43A. Mental Health Page 86

this section shall be made to the Department of Mental Health and

Substance Abuse Services on prescribed forms.

C. The Board, or the Commissioner of Mental Health and

Substance Abuse Services upon delegation by the Board, may certify

the facility for a period of not more than thirty-six (36) months

subject to renewal as provided.

D. The Board, or the Commissioner of Mental Health and

Substance Abuse Services upon delegation by the Board, may postpone,

deny renewal of, revoke, or suspend the certification of the

facility for failure to comply with rules and standards promulgated

by the Board.

E. The following are exempt from the provisions of the Oklahoma

Alcohol and Drug Abuse Services Act:

1. Individual persons in private practice as licensed

physicians, licensed psychologists, licensed social workers,

registered nurses, licensed professional counselors, licensed

marriage and family therapists, licensed behavioral practitioners,

individual members of the clergy, licensed alcohol or drug abuse

counselors and certified alcohol or drug abuse counselors. The

exemption shall apply only to individual professional persons in

their private practice and not to any treatment facility operated by

the person;

2. Properly licensed hospitals, psychiatric and medical

surgical facilities;

3. Programs or facilities operated by a state agency;

4. Programs conducted and facilities operated by Alcoholics

Anonymous;

5. Programs conducted and facilities operated by the Salvation

Army;

6. Faith-based, nonresidential recovery programs;

7. Residential recovery-based programs with a resident capacity

of less than twelve;

8. Residential recovery and recovery support programs that are

not collocated with certified treatment programs. However, the

Department of Mental Health and Substance Abuse Services shall offer

voluntary certification for those resident recovery and recovery

support programs that are not collocated with certified treatment

programs that desire Department certification; or

9. Services provided by a health center as defined in the

Public Health Service Act, 42 U.S.C., Section 254b, except for

services listed in Levels 2.1 through 4 of the Levels of Care

described in the American Society of Addiction Medicine Criteria.

F. Certified services for the alcohol- or drug-dependent person

shall comply with standards adopted by the Board. Such standards

shall require that treatment and therapeutic methods shall be in

compliance with:

Oklahoma Statutes - Title 43A. Mental Health Page 87

1. The Joint Commission on Accreditation of Healthcare

Organizations;

2. The Commission on Accreditation of Rehabilitation

Facilities;

3. The Council on Accreditation (COA); or

4. Approved medical and professional standards as determined by

the Board.

G. Any facility or organization certified to provide certified

services shall cooperate with inspection personnel of the state and

shall promptly file all reports required by the Board.

H. All claims by and accomplishments publicized by any

applicant for certification or any certified alcohol- or drug-

dependent organization, including but not limited to consumer count

and success rates, shall be documented and verifiable by the Board.

I. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of private facilities and organizations which

provide treatment, counseling and rehabilitation services directed

toward alcohol- and drug-dependent persons, as provided in Section

3-324 of this title.

J. Any materials or information received by the Department from

an applicant regarding the applicant's financial status shall not be

construed to be open records pursuant to the Oklahoma Open Records

Act.
Okla. Stat. tit. 43, § 43-601-103 — OK Code / Title 43 / Section 43-601-103
Tribunals and support enforcement agency
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 177

A. The district court and the Department of Human Services are

the tribunals of this state.

B. The Department of Human Services, Child Support Services, is

the support enforcement agency of this state.
Okla. Stat. tit. 43A, § 43A-622 — OK Code / Title 43A / Section 43A-622
Renumbered as § 4-102 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-160 — OK Code / Title 43A / Section 43A-160
Renumbered as § 2-214 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-204 — OK Code / Title 43A / Section 43A-5-204
Appropriate treatment and medication - Nonconsenting
Status: in_force

individuals - Immunity - Seclusion or restraint - Hearings while

under influence of psychotropic medication - Inmates committed to

special care unit.

A. Appropriate treatment and medication, including psychotropic

medication, may be administered to a consenting individual:

1. During the detention periods authorized by the Mental Health

Law;

Oklahoma Statutes - Title 43A. Mental Health Page 116

2. During the time set forth in the Mental Health Law for the

precommitment screening examination; or

3. While in the custody of the Department of Corrections.

B. Treatment and medication may be administered to a

nonconsenting individual upon the written order of the physician

who:

1. Has personally examined the consumer;

2. Finds the medication or treatment is necessary to protect

the consumer, the facility or others from serious bodily harm; and

3. Notes in the medication record of the consumer, with an

explanation of the facts leading up to the decision to administer

treatment and medication including psychotropic medication.

C. Any physician who orders medication in good faith and any

employee of the facility who administers medication in good faith

pursuant to the written order of a physician, under the provision of

this section, shall be immune from civil suits for damages that

occur from the administration of medication.

D. Seclusion or restraint may be administered to a

nonconsenting individual upon the written order of a physician who:

1. Personally examined the consumer; and

2. Finds that seclusion or restraint is necessary to protect

the consumer, the facility, or other persons. The physician shall

note in the chart of the consumer an explanation of the decision to

administer seclusion or restraint, including administration of

psychotropic medication. This shall not prohibit emergency

seclusion or restraint, including mechanical restraint, pending

notification of a physician.

E. If the consumer is under the influence of psychotropic

medication during any court hearing held pursuant to Section 5-415

of this title, the court, and the jury, if any, shall be advised by

the district attorney at the beginning of the hearing that:

1. The consumer is under the influence of psychotropic

medication;

2. The purpose of the medication; and

3. The effect which such medication may have on the actions,

demeanor and participation of the consumer at the hearing.

F. If an inmate in the custody of the Department of Corrections

has been properly assigned and committed to a unit described in

Section 400 of Title 57 of the Oklahoma Statutes, the provisions of

this section shall apply.Seclusion or restraint - Hearings while under influence of psychotropic medication - Inmates
Okla. Stat. tit. 43, § 43-118H — OK Code / Title 43 / Section 43-118H
Deviation from guidelines child support amount
Status: in_force

A. No deviation in the amount of the child support obligation

shall be made which seriously impairs the ability of the obligee in

the case under consideration to maintain minimally adequate housing,

food, and clothing for the children being supported by the order or

to provide other basic necessities, as determined by the court.

Oklahoma Statutes - Title 43. Marriage and Family Page 94

B. 1. The district or administrative court may deviate from

the amount of child support indicated by the child support

guidelines if the deviation is in the best interests of the child,

and:

2. a. the amount of support so indicated is unjust or

inappropriate under the circumstances,

b. the parties are represented by counsel and have agreed

to a different disposition, or

c. one party is represented by counsel and the deviation

benefits the unrepresented party.

C. If the district or administrative court deviates from the

amount of child support indicated by the child support guidelines,

the court shall make specific findings of fact supporting such

action. The findings of fact shall include:

1. The reasons the court deviated from the presumptive amount

of child support that would have been paid pursuant to the

guidelines,

2. The amount of child support that would have been required

under the guidelines if the presumptive amount had not been

rebutted, and

3. A finding by the court that states how, in its

determination:

a. the best interests of the child who is subject to the

support award determination are served by deviation

from the presumptive guideline amount, and

b. application of the guidelines would be unjust or

inappropriate in the particular case before the

tribunal.

D. In instances of extreme economic hardship, deviation from

the guidelines may be considered when the court finds the deviation

is supported by the evidence and is not detrimental to the best

interests of the child before the court.

E. If a parent is residing with a child with extraordinary

medical needs not covered by insurance or other special needs, the

court must consider all resources available for meeting such needs,

including those available from public agencies and other responsible

adults.

F. In cases where the child is in the legal custody of the

Department of Human Services, the child protection or foster care

agency of another state or territory, or any other child-caring

entity, public or private, the court may consider a deviation from

the presumptive child support order if the deviation will assist in

accomplishing a permanency plan or foster care plan for the child

that has a goal of returning the child to the parent, and the

parents need to establish an adequate household or to otherwise

adequately prepare herself or himself for the return of the child

clearly justifies a deviation for this purpose.

Oklahoma Statutes - Title 43. Marriage and Family Page 95

G. Extraordinary educational expenses.

1. Extraordinary educational expenses may be added to the

presumptive child support as a deviation. Extraordinary educational

expenses include, but are not limited to, tuition, room and board,

books, fees, and other reasonable and necessary expenses associated

with special needs education for a child with a disability under the

Individuals with Disabilities Educational Act that are appropriate

to the financial abilities of the parent.

2. In determining the amount of deviation for extraordinary

educational expenses, scholarships, grants, stipends, and other

cost-reducing programs received by or on behalf of the child shall

be considered.

H. Special expenses.

1. Special expenses incurred for child rearing which can be

quantified may be added to the child support obligation as a

deviation from the Current Monthly Child Support Obligation. Such

expenses include, but are not limited to, private school tuition,

camp, music or art lessons, travel, school-sponsored extra-

curricular activities, such as band, clubs, and athletics, and other

activities intended to enhance the athletic, social or cultural

development of a child, but that are not otherwise required to be

used in calculating the child support order as are health insurance

premiums and work-related child care costs.

2. Some factors the court may consider in determining whether

to deviate for such extraordinary expenses include: a history of

expenditure for such activities, the financial ability of the

parents to provide such activities, and that the child has exhibited

an extraordinary aptitude for the activity.

3. In determining the amount of deviation for extraordinary

educational expenses, scholarships, grants, stipends, and other

cost-reducing programs received by or on behalf of the child shall

be considered.
Okla. Stat. tit. 43A, § 43A-3-429 — OK Code / Title 43A / Section 43A-3-429
Emergency service patrols
Status: in_force

A. Counties and municipalities may establish emergency service

patrols. A patrol consists of persons trained to give assistance in

public places to persons whom the patrol has reasonable grounds to

believe are intoxicated. Members of an emergency service patrol

shall be capable of providing first aid in emergency situations and

may transport intoxicated persons to their homes and to and from

approved treatment facilities and alternative facilities.

Oklahoma Statutes - Title 43A. Mental Health Page 94

B. Standards for the establishment, training and conduct of

emergency service patrols shall be adopted by the county or

municipality and approved by the alcohol services and drug abuse

planning body for that region. These standards shall comply with

the standards of the regional emergency medical services plan.
Okla. Stat. tit. 43, § 43-104 — OK Code / Title 43 / Section 43-104
Personal jurisdiction in certain divorce actions
Status: in_force

A court may exercise personal jurisdiction over a person,

whether or not a resident of this state, who lived within this state

in a marital or parental relationship, or both, as to all

obligations for alimony and child support where the other party to

the marital relationship continues to reside in this state. When

the person who is subject to the jurisdiction of the court has

departed from the state, he may be served outside of the state by

any method that is authorized by the statutes of this state.
Okla. Stat. tit. 43, § 43-601-505 — OK Code / Title 43 / Section 43-601-505
Willful noncompliance
Status: in_force

An employer that willfully fails to comply with an income-

withholding order issued in another state and received for

enforcement is subject to the same penalties that may be imposed for

noncompliance with an order issued by a tribunal of this state.
Okla. Stat. tit. 43A, § 43A-5-209 — OK Code / Title 43A / Section 43A-5-209
Additional period of detention - Petition - Order -
Status: in_force

Notification of interested parties of detention.

A. A person may be detained in emergency detention more than

one hundred twenty (120) hours or five (5) days, excluding weekends

and holidays, only if the facility in which the person being

detained is presented with a copy of an order of the district court

authorizing further detention. Such order may be entered by the

court only after a petition has been filed seeking involuntary

commitment or treatment pursuant to the provisions of Section 5-410

of this title.

B. If a copy of an order for further detention is not delivered

to the facility by the end of the period of emergency detention, the

person alleged to be a mentally ill person, an alcohol-dependent

person, or a drug-dependent person and a person requiring treatment

shall be discharged from the facility in which detained unless said

person has applied for voluntary treatment.

Oklahoma Statutes - Title 43A. Mental Health Page 127

C. The person being held in protective custody or emergency

detention shall be asked to designate any person whom such person

wishes informed regarding the detention. If the person being held

in protective custody is incapable of making such designation, the

peace officer holding the person in protective custody shall notify

within twenty-four (24) hours of taking the person into protective

custody, other than the person initiating the request for protective

custody, the attorney, parent, spouse, guardian, brother, sister, or

child who is at least eighteen (18) years of age of the person.

Failure of the sheriff to find such person shall within a reasonable

time be reported to the administrator of the facility. Such fact

shall be made a part of the records of the facility for the person

being detained.Oklahoma Statutes - Title 43A. Mental Health Page 5
Okla. Stat. tit. 43A, § 43A-2-101 — OK Code / Title 43A / Section 43A-2-101
Department of Mental Health and Substance Abuse
Status: in_force

Services - Board of Mental Health and Substance Abuse Services.

A. 1. There is hereby established in this state a Department

of Mental Health and Substance Abuse Services.

2. This Department's governing board shall be the Board of

Mental Health and Substance Abuse Services, and its chief executive

officer shall be the Commissioner of Mental Health and Substance

Abuse Services. The Commissioner shall be appointed by the Governor

with the advice and consent of the Senate and shall serve at the

pleasure of the Governor and may be removed or replaced without

cause. Compensation for the Commissioner shall be determined by the

Governor. The Commissioner may be removed from office by a two-

thirds (2/3) vote of the members elected to and constituting each

chamber of the Legislature.

3. The Department of Mental Health and Substance Abuse Services

shall exercise all functions of the state in relation to the

administration and operation of all state facilities for the care

and treatment of the mentally ill and drug- or alcohol-dependent

persons.

B. All references in the Oklahoma Statutes to the Department of

Mental Health or the Board of Mental Health shall be construed to

refer to the Department of Mental Health and Substance Abuse

Services or the Board of Mental Health and Substance Abuse Services,

respectively.
Okla. Stat. tit. 43A, § 43A-134 — OK Code / Title 43A / Section 43A-134
Renumbered as § 2-219 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-118I — OK Code / Title 43 / Section 43-118I
Modification of child support orders
Status: in_force

A. 1. Child support orders may be modified upon a material

change in circumstances which includes, but is not limited to, an

increase or decrease in the needs of the child, an increase or

decrease in the income of the parents, incarceration of a parent for

a time period of more than one hundred eighty (180) consecutive

days, changes in actual annualized child care expenses, changes in

the cost of medical or dental insurance or when one of the children

in the child support order reaches the age of majority or otherwise

ceases to be entitled to support pursuant to the support order. The

court shall apply the principles of equity in modifying any child

support order due to changes in the circumstances of either party as

it relates to the best interests of the children.

Oklahoma Statutes - Title 43. Marriage and Family Page 96

2. Modification of the Child Support Guideline Schedule shall

not alone be a material change in circumstances for child support

orders.

3. An order of modification shall be effective on the first day

of the month following the date the motion to modify was filed,

unless the parties agree to another date or the court makes a

specific finding of fact that the material change of circumstance

did not occur until a later date.

B. 1. A child support order shall not be modified

retroactively regardless of whether support was ordered in a

temporary order, a decree of divorce, an order establishing

paternity, modification of an order of support, or other action to

establish or to enforce support.

2. All final orders shall state whether past-due support and

interest have accrued pursuant to any temporary order and the amount

due, if any; however, failure to state a past-due amount shall not

bar collection of that amount after entry of the final support

order.

C. The amount of a child support order shall not be construed

to be an amount per child unless specified by the district or

administrative court in the order. A child reaching the age of

majority or otherwise ceasing to be entitled to support pursuant to

the support order shall constitute a material change in

circumstances but shall not automatically serve to modify the order.

When the last child of the parents ceases to be entitled to support,

the child support obligation is automatically terminated as to

prospective child support only.

D. 1. When a child support order is entered or modified, the

parents may agree, or the district or administrative court may

require a periodic exchange of information for an informal review

and adjustment process.

2. When an existing child support order does not contain a

provision which requires an informal review and adjustment process,

either parent may request the other parent to provide the

information necessary for the informal review and adjustment

process. Information shall be provided to the requesting parent

within forty-five (45) days of the request.

3. Requested information may include verification of income,

proof and cost of medical insurance of the children, and current and

projected child care costs. If shared parenting time has been

awarded by the court, documentation of past and prospective

overnight visits shall be exchanged.

4. Exchange of requested information may occur once a year or

less often, by regular mail.

5. a. If the parents agree to a modification of a child

support order, their agreement shall be in writing

using standard modification forms and the child

Oklahoma Statutes - Title 43. Marriage and Family Page 97

support computation form provided for in Section 120

of this title.

b. The standard modification forms and the standard child

support computation form shall be submitted to the

district or administrative court. Either court shall

review the modification forms to confirm that the

child support obligation complies with the child

support guidelines or, if agreed to by the parties,

the court may approve a deviation from the child

support guidelines as provided in subsection B of

Section 118H of this title. If the court approves the

modification forms, they shall be filed with the

court.

E. After November 1, 2021, there shall be a rebuttable

presumption that an obligor who is incarcerated for a period of one

hundred eighty (180) or more consecutive days is unable to pay child

support.

1. The obligor's child support obligation shall be abated

without court action effective the first day of the month following

the date of entry into the correctional facility or jail and shall

not accrue for the duration of the incarceration unless the

presumption is rebutted by a showing of means to pay as provided in

Section 118B of this title.

2. Upon release from incarceration, the monthly child support

obligation shall revert to the pre-incarceration order amount

beginning the first day of the month following a lapse of ninety

(90) calendar days after release from incarceration.

3. The abatement of a monthly support obligation under this

subsection shall not affect any past-due support that has accrued

prior to the abatement of the obligation.

4. If any of the crimes for which the obligor is incarcerated

are a result of indirect contempt of court for failure to pay child

support, the crime of omission to provide child support or for any

offense for which the obligee's dependent child or the obligee was a

victim, the abatement shall not be presumed and the child support

obligation shall continue to accrue.
Okla. Stat. tit. 43, § 43-112.3 — OK Code / Title 43 / Section 43-112.3
Notice of proposed relocation or change of residence
Status: in_force

A. As used in this section:

1. “Change of residence address” means a change in the primary

residence of an adult;

2. “Child” means a child under the age of eighteen (18) who has

not been judicially emancipated;

3. “Person entitled to custody of or visitation with a child”

means a person so entitled by virtue of a court order or by an

express agreement that is subject to court enforcement;

4. “Principal residence of a child” means:

a. the location designated by a court to be the primary

residence of the child,

b. in the absence of a court order, the location at which

the parties have expressly agreed that the child will

primarily reside, or

c. in the absence of a court order or an express

agreement, the location, if any, at which the child,

Oklahoma Statutes - Title 43. Marriage and Family Page 62

preceding the time involved, lived with the child’s

parents, a parent, or a person acting as parent for at

least six (6) consecutive months and, in the case of a

child less than six (6) months old, the location at

which the child lived from birth with any of the

persons mentioned. Periods of temporary absence of

any of the named persons are counted as part of the

six-month or other period; and

5. “Relocation” means a change in the principal residence of a

child over seventy-five (75) miles from the child's principal

residence for a period of sixty (60) days or more, but does not

include a temporary absence from the principal residence.

B. 1. Except as otherwise provided by this section, a person

who has the right to establish the principal residence of the child

shall notify every other person entitled to visitation with the

child of a proposed relocation of the child’s principal residence as

required by this section.

2. Except as otherwise provided by this section, an adult

entitled to visitation with a child shall notify every other person

entitled to custody of or visitation with the child of an intended

change in the primary residence address of the adult as required by

this section.

C. 1. Except as provided by this section, notice of a proposed

relocation of the principal residence of a child or notice of an

intended change of the primary residence address of an adult must be

given:

a. by mail to the last-known address of the person to be

notified, and

b. no later than:

(1) the sixtieth day before the date of the intended

move or proposed relocation, or

(2) the tenth day after the date that the person

knows the information required to be furnished

pursuant to this subsection, if the person did

not know and could not reasonably have known the

information in sufficient time to comply with the

sixty-day notice, and it is not reasonably

possible to extend the time for relocation of the

child.

2. Except as provided by this section, the following

information, if available, must be included with the notice of

intended relocation of the child or change of primary residence of

an adult:

a. the intended new residence, including the specific

address, if known,

b. the mailing address, if not the same,

c. the home telephone number, if known,

Oklahoma Statutes - Title 43. Marriage and Family Page 63

d. the date of the intended move or proposed relocation,

e. a brief statement of the specific reasons for the

proposed relocation of a child, if applicable,

f. a proposal for a revised schedule of visitation with

the child, if any, and

g. a warning to the nonrelocating parent that an

objection to the relocation must be made within thirty

(30) days or the relocation will be permitted.

3. A person required to give notice of a proposed relocation or

change of residence address under this subsection has a continuing

duty to provide a change in or addition to the information required

by this subsection as that information becomes known.

D. After the effective date of this act, an order issued by a

court directed to a person entitled to custody of or visitation with

a child shall include the following or substantially similar terms:

“You, as a party in this action, are ordered to notify every

other party to this action in writing of a proposed relocation of

the child, change of your primary residence address, and the

following information:

1. The intended new residence, including the specific address,

if known;

2. The mailing address, if not the same;

3. The home telephone number, if known;

4. The date of the intended move or proposed relocation;

5. A brief statement of the specific reasons for the proposed

relocation of a child, if applicable; and

6. A proposal for a revised schedule of visitation with the

child, if any.

You are further ordered to give written notice of the proposed

relocation or change of residence address on or before the sixtieth

day before a proposed change. If you do not know and could not have

reasonably known of the change in sufficient time to provide a

sixty-day notice, you are ordered to give written notice of the

change on or before the tenth day after the date that you know of

the change.

Your obligation to furnish this information to every other party

continues as long as you, or any other person, by virtue of this

order, are entitled to custody of or visitation with a child covered

by this order.

Your failure to obey the order of this court to provide every

other party with notice of information regarding the proposed

relocation or change of residence address may result in further

litigation to enforce the order, including contempt of court.

In addition, your failure to notify of a relocation of the child

may be taken into account in a modification of custody of,

visitation with, possession of or access to the child. Reasonable

Oklahoma Statutes - Title 43. Marriage and Family Page 64

costs and attorney fees also may be assessed against you if you fail

to give the required notice.

If you, as the nonrelocating parent, do not file a proceeding

seeking a temporary or permanent order to prevent the relocation

within thirty (30) days after receipt of notice of the intent of the

other party to relocate the residence of the child, relocation is

authorized.”

E. 1. On a finding by the court that the health, safety, or

liberty of a person or a child would be unreasonably put at risk by

the disclosure of the required identifying information in

conjunction with a proposed relocation of the child or change of

residence of an adult, the court may order that:

a. the specific residence address and telephone number of

the child or of the adult and other identifying

information shall not be disclosed in the pleadings,

other documents filed in the proceeding, or the final

order, except for an in camera disclosure,

b. the notice requirements provided by this article be

waived to the extent necessary to protect

confidentiality and the health, safety or liberty of a

person or child, and

c. any other remedial action that the court considers

necessary to facilitate the legitimate needs of the

parties and the best interest of the child.

2. If appropriate, the court may conduct an ex parte hearing

pursuant to this subsection.

F. 1. The court may consider a failure to provide notice of a

proposed relocation of a child as provided by this section as:

a. a factor in making its determination regarding the

relocation of a child,

b. a factor in determining whether custody or visitation

should be modified,

c. a basis for ordering the return of the child if the

relocation has taken place without notice, and

d. sufficient cause to order the person seeking to

relocate the child to pay reasonable expenses and

attorney fees incurred by the person objecting to the

relocation.

2. In addition to the sanctions provided by this subsection,

the court may make a finding of contempt if a party violates the

notice requirement required by this section and may impose the

sanctions authorized for contempt of a court order.

G. 1. The person entitled to custody of a child may relocate

the principal residence of a child after providing notice as

provided by this section unless a parent entitled to notice files a

proceeding seeking a temporary or permanent order to prevent the

relocation within thirty (30) days after receipt of the notice.

Oklahoma Statutes - Title 43. Marriage and Family Page 65

2. A parent entitled by court order or written agreement to

visitation with a child may file a proceeding objecting to a

proposed relocation of the principal residence of a child and seek a

temporary or permanent order to prevent the relocation.

3. If relocation of the child is proposed, a nonparent entitled

by court order or written agreement to visitation with a child may

file a proceeding to obtain a revised schedule of visitation, but

may not object to the proposed relocation or seek a temporary or

permanent order to prevent the relocation.

4. A proceeding filed pursuant to this subsection must be filed

within thirty (30) days of receipt of notice of a proposed

relocation.

H. 1. The court may grant a temporary order restraining the

relocation of a child, or ordering return of the child if a

relocation has previously taken place, if the court finds:

a. the required notice of a proposed relocation of a

child as provided by this section was not provided in

a timely manner and the parties have not presented an

agreed-upon revised schedule for visitation with the

child for the court’s approval,

b. the child already has been relocated without notice,

agreement of the parties, or court approval, or

c. from an examination of the evidence presented at the

temporary hearing there is a likelihood that on final

hearing the court will not approve the relocation of

the primary residence of the child.

2. The court may grant a temporary order permitting the

relocation of the child pending final hearing if the court:

a. finds that the required notice of a proposed

relocation of a child as provided by this section was

provided in a timely manner and issues an order for a

revised schedule for temporary visitation with the

child, and

b. finds from an examination of the evidence presented at

the temporary hearing there is a likelihood that on

final hearing the court will approve the relocation of

the primary residence of the child.

I. A proposed relocation of a child may be a factor in

considering a change of custody.

J. 1. In reaching its decision regarding a proposed

relocation, the court shall consider the following factors:

a. the nature, quality, extent of involvement, and

duration of the child’s relationship with the person

proposing to relocate and with the nonrelocating

person, siblings, and other significant persons in the

child’s life,

Oklahoma Statutes - Title 43. Marriage and Family Page 66

b. the age, developmental stage, needs of the child, and

the likely impact the relocation will have on the

child’s physical, educational, and emotional

development, taking into consideration any special

needs of the child,

c. the feasibility of preserving the relationship between

the nonrelocating person and the child through

suitable visitation arrangements, considering the

logistics and financial circumstances of the parties,

d. the child’s preference, taking into consideration the

age and maturity of the child,

e. whether there is an established pattern of conduct of

the person seeking the relocation, either to promote

or thwart the relationship of the child and the

nonrelocating person,

f. whether the relocation of the child will enhance the

general quality of life for both the custodial party

seeking the relocation and the child, including but

not limited to financial or emotional benefit or

educational opportunity,

g. the reasons of each person for seeking or opposing the

relocation, and

h. any other factor affecting the best interest of the

child.

2. The court may not:

a. give undue weight to the temporary relocation as a

factor in reaching its final decision, if the court

has issued a temporary order authorizing a party

seeking to relocate a child to move before final

judgment is issued, or

b. consider whether the person seeking relocation of the

child has declared that he or she will not relocate if

relocation of the child is denied.

K. The relocating person has the burden of proof that the

proposed relocation is made in good faith. If that burden of proof

is met, the burden shifts to the nonrelocating person to show that

the proposed relocation is not in the best interest of the child.

L. 1. After notice and a reasonable opportunity to respond,

the court may impose a sanction on a person proposing a relocation

of the child or objecting to a proposed relocation of a child if it

determines that the proposal was made or the objection was filed:

a. to harass a person or to cause unnecessary delay or

needless increase in the cost of litigation,

b. without being warranted by existing law or was based

on frivolous argument, or

c. based on allegations and other factual contentions

which had no evidentiary support or, if specifically

Oklahoma Statutes - Title 43. Marriage and Family Page 67

so identified, could not have been reasonably believed

to be likely to have evidentiary support after further

investigation.

2. A sanction imposed under this subsection shall be limited to

what is sufficient to deter repetition of such conduct or comparable

conduct by others similarly situated. The sanction may include

directives of a nonmonetary nature, an order to pay a penalty into

court, or, if imposed on motion and warranted for effective

deterrence, an order directing payment to the other party of some or

all of the reasonable attorney fees and other expenses incurred as a

direct result of the violation.

M. If the issue of relocation is presented at the initial

hearing to determine custody of and visitation with a child, the

court shall apply the factors set forth in this section in making

its initial determination.

N. 1. The provisions of this section apply to an order

regarding custody of or visitation with a child issued:

a. after the effective date of this act, and

b. before the effective date of this act, if the existing

custody order or enforceable agreement does not

expressly govern the relocation of the child or there

is a change in the primary residence address of an

adult affected by the order.

2. To the extent that a provision of this section conflicts

with an existing custody order or enforceable agreement, this

section does not apply to the terms of that order or agreement that

govern relocation of the child or a change in the primary residence

address of an adult.
Okla. Stat. tit. 43A, § 43A-10-109a — OK Code / Title 43A / Section 43A-10-109a
Uniform policies for Department employees providing
Status: in_force

services for vulnerable adults.

A. The Commission for Human Services shall establish uniform

policies detailing the responsibilities and duties of employees of

the Department of Human Services when providing or arranging

services for vulnerable adults whether the services are to be paid

for by the vulnerable adult or from other private or public funds.

B. The policies shall include, but not be limited to:

1. The handling of the personal resources, such as bank

accounts, cash, checks, notes, mortgages, trust deeds, sales

contracts, stocks, bonds, certificates or other liquid assets of a

vulnerable adult without prior approval of the supervisor;

2. Specific procedures for obtaining and handling repairs,

personal services and other necessary actions to provide health

care, food, shelter to or on behalf of a vulnerable adult;

3. Prohibiting an employee from any type of solicitation or

charging, requesting or accepting any fee, gift, reward, or payment

of any kind from individuals or staff for any services rendered as a

volunteer, intern, or employee relating to vulnerable adults;

4. Prohibiting an employee from using contact with clients or

any member or the client's support system for personal gain or

personal relationships;

5. Prohibiting an employee, upon termination of any assignment,

from making personal contact with former clients or any member of

the client's support system and from using former contact with

clients for personal gain;

6. Prohibiting an employee from buying items from clients;

Oklahoma Statutes - Title 43A. Mental Health Page 226

7. Ensuring that no employee whose responsibilities relate in

any manner to services provided to or on behalf of a vulnerable

adult is subject to a conflict of interest which would impair the

ability of the employee to carry out his or her employment duties in

an impartial manner;

8. Sufficient oversight by administrative heads of local

offices of the Department as to the provision for and arrangement of

services to vulnerable adults; and

9. Such other requirements as deemed necessary by the

Commission.Oklahoma Statutes - Title 43A. Mental Health Page 7
Okla. Stat. tit. 43, § 43-118.1 — OK Code / Title 43 / Section 43-118.1
Review of child support orders - Disclosure of financial
Status: in_force

status.

A. In all cases in which child support services are being

provided under the state child support plan as provided in Section

Oklahoma Statutes - Title 43. Marriage and Family Page 76

237 of Title 56 of the Oklahoma Statutes, the Department shall

conduct reviews of child support orders pursuant to rules

promulgated by the Department. If the Department conducts a review

and determines that the child support obligation is not in

accordance with child support guidelines, the Department shall file

a notice of review and intent to modify the child support order, and

it shall be served upon the parties in accordance with law. The

notice shall be set for hearing before a district or administrative

court. The district or administrative court shall review the child

support obligation to determine its compliance with the child

support guidelines and order modification if appropriate. An order

of modification shall be effective upon the date the notice of

review and intent to modify the child support order was filed.

B. In any proceeding to establish or modify a support order,

each party shall completely disclose his or her financial status.
Okla. Stat. tit. 43A, § 43A-14-105 — OK Code / Title 43A / Section 43A-14-105
Restraining order or other injunctive relief
Status: in_force

The district court in which a claim authorized in this act is

filed may, upon proper application, issue a restraining order or

other injunctive relief to prohibit any further violation of this

act, regardless of the existence of any other remedy at law and in

addition thereto.
Okla. Stat. tit. 43, § 43-601-303 — OK Code / Title 43 / Section 43-601-303
Application of law of this state
Status: in_force

Except as otherwise provided in this act, a responding tribunal

of this state shall:

1. Apply the procedural and substantive law generally

applicable to similar proceedings originating in this state and may

exercise all powers and provide all remedies available in those

proceedings; and

2. Determine the duty of support and the amount payable in

accordance with the law and support guidelines of this state.