Okla. Stat. tit. 43A, § 43A-10-112 — OK Code / Title 43A / Section 43A-10-112
Vulnerable Adult Intervention Task Force - Members -
Status: in_force

Terms - Duties.

Oklahoma Statutes - Title 43A. Mental Health Page 231

A. The Department of Human Services, together with the

Department of Mental Health and Substance Abuse Services, shall

develop and implement a Vulnerable Adult Intervention Task Force.

The purpose of the task force shall be to study and examine how to

best provide interdisciplinary community assistance, intervention,

and referral services for persons with mental or physical illnesses

or disabilities, dementia or other related disease or condition.

B. The task force shall consist of at least eleven (11) members

as follows:

1. One member who shall be a member of the Oklahoma House of

Representatives, to be appointed by the Speaker of the Oklahoma

House of Representatives, and one member who shall be a member of

the Oklahoma Senate, to be appointed by the President Pro Tempore of

the Oklahoma Senate;

2. Commissioner of the Department of Mental Health and

Substance Abuse Services, or designee;

3. Commissioner of the State Department of Health, or designee;

4. Director of the State Department of Rehabilitation Services,

or designee;

5. One member who shall be a representative from law

enforcement, to be appointed by the Senate President Pro Tempore;

6. One member who shall be a current or former municipal

employee who worked as a code enforcement officer, to be appointed

by the Speaker of the House of Representatives;

7. One member who shall be a public defender, or designee, to

be appointed by the Governor;

8. One member who shall be a citizen of this state and a

current or former member of an advocacy organization that represents

vulnerable adults or persons with mental illness, to be appointed by

the House Minority Leader;

9. One member who shall be a physician licensed to practice in

this state, to be appointed by the Senate Minority Leader; and

10. The Director of the Department of Human Services, or

designee.

Members of the task force shall serve for a thirty–month term.

C. Appointments to the task force shall be made by July 1,

2010. The first meeting shall be convened on or before August 1,

2010. A majority of the members present at a meeting shall

constitute a quorum to do business. Members of the task force shall

receive no compensation for their service, but shall receive travel

reimbursement by the appointing authority pursuant to the State

Travel Reimbursement Act.

D. The task force is authorized to meet as necessary in order

to perform the duties imposed on it.

E. The task force shall recommend a curriculum, which at a

minimum should include training for individuals on the symptoms,

causes and evidence-based services and interventions for illnesses

Oklahoma Statutes - Title 43A. Mental Health Page 232

and conditions contained herein. The training should also address

possible crisis situations arising from these illnesses and

conditions and steps to support an individual in a crisis situation.

F. On or before December 31, 2010, and annually thereafter, the

task force shall submit a report to the Legislature stating the

recommendations and findings of the task force including but not

limited to suggested legislative action, funding sources, state

agency action, and numbers of potential participants in recommended

programs, either as a team member who promotes services or a

recipient of services, and any recommendations for improvement of

the program.

G. The task force shall be subject to the provisions of the

Open Records Act and the Open Meeting Act. Staff assistance for the

task force shall be provided by the staff of the Oklahoma House of

Representatives and the Oklahoma State Senate.
Okla. Stat. tit. 43A, § 43A-2-105 — OK Code / Title 43A / Section 43A-2-105
Board as Mental Health and Substance Abuse Services
Status: in_force

Authority.

On and after July 1, 1967, the Board of Mental Health and

Substance Abuse Services shall be the Mental Health and Substance

Abuse Services Authority of the State of Oklahoma.
Okla. Stat. tit. 43, § 43-551-111 — OK Code / Title 43 / Section 43-551-111
Taking testimony in another state
Status: in_force

TAKING TESTIMONY IN ANOTHER STATE

A. In addition to other procedures available to a party, a

party to a child custody proceeding may offer testimony of witnesses

who are located in another state, including testimony of the parties

and the child, by deposition or other means allowable in this state

for testimony taken in another state. The court on its own motion

may order that the testimony of a person be taken in another state

and may prescribe the manner in which and the terms upon which the

testimony is to be taken.

B. A court of this state may permit an individual residing in

another state to be deposed or to testify by telephone, audiovisual,

or other electronic means before a designated court or at another

location in that state. A court of this state shall cooperate with

Oklahoma Statutes - Title 43. Marriage and Family Page 147

courts of other states in designating an appropriate location for

the deposition or testimony.

C. Documentary evidence transmitted from another state to a

court of this state by technological means that do not produce an

original writing may not be excluded from evidence on an objection

based on the means of transmission.
Okla. Stat. tit. 43, § 43-601-201 — OK Code / Title 43 / Section 43-601-201
Bases for jurisdiction over nonresident
Status: in_force

A. In a proceeding to establish or enforce a support order or

to determine parentage of a child, a tribunal of this state may

exercise personal jurisdiction over a nonresident individual or the

individual's guardian or conservator if:

1. The individual is personally served with summons within this

state;

2. The individual submits to the jurisdiction of this state by

consent in a record, by entering a general appearance, or by filing

Oklahoma Statutes - Title 43. Marriage and Family Page 178

a responsive document having the effect of waiving any contest to

personal jurisdiction;

3. The individual resided with the child in this state;

4. The individual resided in this state and provided prenatal

expenses or support for the child;

5. The child resides in this state as a result of the acts or

directives of the individual;

6. The individual engaged in sexual intercourse in this state

and the child may have been conceived by that act of intercourse;

7. The individual asserted parentage of a child in the putative

father registry maintained in this state by the Oklahoma Department

of Human Services; or

8. There is any other basis consistent with the constitutions

of this state and the United States for the exercise of personal

jurisdiction.

B. The bases of personal jurisdiction set forth in subsection A

of this section or in any other law of this state may not be used to

acquire personal jurisdiction for a tribunal of this state to modify

a child support order of another state unless the requirements of

Section 601-611 of this title are met, or, in the case of a foreign

support order, unless the requirements of Section 601-615 are met.
Okla. Stat. tit. 43A, § 43A-54.13 — OK Code / Title 43A / Section 43A-54.13
Renumbered as § 1-107 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 257
Okla. Stat. tit. 43A, § 43A-63 — OK Code / Title 43A / Section 43A-63
Renumbered as § 5-102 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-460.1 — OK Code / Title 43A / Section 43A-3-460.1
Performing alcohol and drug assessments without
Status: in_force

certification - 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 agency or

individual for performing alcohol and drug assessments without

appropriate certification by the Department of Mental Health and

Substance Abuse Services or for a violation of any order or

determination of the Department.

Oklahoma Statutes - Title 43A. Mental Health Page 100

B. In any action for an injunction brought pursuant to this

section, any findings of the Department, after hearing and due

process, shall be prima facie evidence of the facts found therein.

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. 43, § 43-551-102 — OK Code / Title 43 / Section 43-551-102
Definitions
Status: in_force

DEFINITIONS

In this act:

1. "Abandoned" means left without provision for reasonable and

necessary care or supervision;

2. "Child" means an individual who has not attained eighteen

(18) years of age;

3. "Child custody determination" means a judgment, decree, or

other order of a court providing for the legal custody, physical

Oklahoma Statutes - Title 43. Marriage and Family Page 143

custody, or visitation with respect to a child. The term includes a

permanent, temporary, initial, and modification order. The term

does not include an order relating to child support or other

monetary obligation of an individual;

4. "Child custody proceeding" means a proceeding in which legal

custody, physical custody, or visitation with respect to a child is

an issue. The term includes a proceeding for divorce, separation,

neglect, abuse, dependency, guardianship, paternity, termination of

parental rights, and protection from domestic violence, in which the

issue may appear. The term does not include a proceeding involving

juvenile delinquency, contractual emancipation, or enforcement under

Article 3 of this act;

5. "Commencement" means the filing of the first pleading in a

proceeding;

6. "Court" means an entity authorized under the law of a state

to establish, enforce, or modify a child custody determination;

7. "Home state" means the state in which a child lived with a

parent or a person acting as a parent for at least six (6)

consecutive months immediately before the commencement of a child

custody proceeding. In the case of a child less than six (6) months

of age, the term means the state in which the child lived from birth

with the parent or person acting as a parent. A period of temporary

absence of the parent or person acting as a parent is part of the

period;

8. "Initial determination" means the first child custody

determination concerning a particular child;

9. "Issuing court" means the court that makes a child custody

determination for which enforcement is sought under this act;

10. "Issuing state" means the state in which a child custody

determination is made;

11. "Modification" means a child custody determination that

changes, replaces, supersedes, or is otherwise made after a previous

determination concerning the same child, whether or not it is made

by the court that made the previous determination;

12. "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, government, including any governmental subdivision,

agency, instrumentality, or public corporation, or any other legal

or commercial entity;

13. "Person acting as a parent" means a person, other than a

parent, who:

a. has physical custody of the child or has had physical

custody for a period of six (6) consecutive months,

including any temporary absence, within one (1) year

immediately before the commencement of a child custody

proceeding, and

Oklahoma Statutes - Title 43. Marriage and Family Page 144

b. has been awarded legal custody by a court or claims a

right to legal custody under the law of this state;

14. "Physical custody" means the physical care and supervision

of a child;

15. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States;

16. "Tribe" means an Indian tribe or band, or Alaskan Native

village, which is recognized by federal law or formally acknowledged

by a state; and

17. "Warrant" means an order issued by a court authorizing law

enforcement officers to take physical custody of a child.
Okla. Stat. tit. 43A, § 43A-807 — OK Code / Title 43A / Section 43A-807
Renumbered as § 10-107 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-104 — OK Code / Title 43A / Section 43A-5-104
False attestation - Penalty
Status: in_force

Any person who intentionally falsely attests to the mental

illness, alcohol dependency, or drug dependency of any person, or

whose false attestations as to mental illness, alcohol dependency,

or drug dependency of any person is proved to be the result of

negligence or deficient professional skill, or who signs such an

evaluation or petition for pecuniary reward, or promise thereof, or

other consideration of value or operating to his or her advantage,

other than the professional fee usually paid for such service, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall be

punished by payment of a fine not to exceed One Thousand Dollars

($1,000.00), or imprisonment in the county jail not to exceed one

(1) year, or both such fine and imprisonment.
Okla. Stat. tit. 43, § 43-108 — OK Code / Title 43 / Section 43-108
Parties in equal wrong - Custody of children - Disposition
Status: in_force

of property.

That the parties appear to be in equal wrong shall not be a

basis for refusing to grant a divorce, but if a divorce is granted

in such circumstances, it shall be granted to both parties. In any

such case or where the court grants alimony without a divorce or in

any case where a divorce is refused, the court may for good cause

shown make such order as may be proper for the custody, maintenance

and education of the children, and for the control and equitable

division and disposition of the property of the parties, or of

either of them, as may be proper, equitable and just, having due

regard to the time and manner of acquiring such property, whether

the title thereto be in either or both of said parties.
Okla. Stat. tit. 43A, § 43A-20 — OK Code / Title 43A / Section 43A-20
Renumbered as § 2-210 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-17 — OK Code / Title 43 / Section 43-17
Punishment for violations
Status: in_force

Any person violating this act shall be guilty of a misdemeanor

and shall be punished by a fine of not to exceed Twenty-five Dollars

($25.00) for the first conviction, and for any second or subsequent

conviction by a fine of not less than Twenty-five Dollars ($25.00)

nor more than One Hundred Dollars ($100.00).
Okla. Stat. tit. 43A, § 43A-28 — OK Code / Title 43A / Section 43A-28
Renumbered as § 2-206 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 255
Okla. Stat. tit. 43A, § 43A-54 — OK Code / Title 43A / Section 43A-54
Renumbered as § 55.2 of this title by Laws 1977, c. 145, §
Status: in_force

12, emerg. eff. June 3, 1977.
Okla. Stat. tit. 43A, § 43A-620.1 — OK Code / Title 43A / Section 43A-620.1
Renumbered as § 3-313 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-93 — OK Code / Title 43A / Section 43A-93
Renumbered as § 4-107 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-54.10 — OK Code / Title 43A / Section 43A-54.10
Renumbered as § 5-406 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-404 — OK Code / Title 43A / Section 43A-5-404
Renumbered as § 5-418 of this title by Laws 1997, c
Status: in_force

387, § 12, eff. Nov. 1, 1997.
Okla. Stat. tit. 43A, § 43A-31 — OK Code / Title 43A / Section 43A-31
Renumbered as § 3-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-152 — OK Code / Title 43A / Section 43A-152
Renumbered as § 3-201 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-136 — OK Code / Title 43A / Section 43A-136
Renumbered as § 2-217 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-4-206 — OK Code / Title 43A / Section 43A-4-206
Proof of indebtedness - Disposition of money collected
Status: in_force

In all suits or proceedings instituted in accordance with

Sections 4-205 and 2-207 of this title, the executive director of

the facility shall furnish proof of the indebtedness of a consumer

and the amount due the state for the care and treatment of the

consumer. All collected monies shall be paid to the executive

director of the facility and deposited with the State Treasurer who

shall place the same to the credit of the Department of Mental

Health and Substance Abuse Services revolving fund.
Okla. Stat. tit. 43, § 43-214 — OK Code / Title 43 / Section 43-214
Rights of married women
Status: in_force

Woman shall retain the same legal existence and legal

personality after marriage as before marriage, and shall receive the

same protection of all her rights as a woman, which her husband does

as a man; and for any injury sustained to her reputation, person,

property, character or any natural right, her own medical expenses,

and by reason of loss of consortium, she shall have the same right

to appeal in her own name alone to the courts of law or equity for

redress and protection that her husband has to appeal in his own

name alone.
Okla. Stat. tit. 43A, § 43A-2-402 — OK Code / Title 43A / Section 43A-2-402
Nonopioid alternatives — Funding opportunities —
Status: in_force

Political subdivision assistance.

The Department of Mental Health and Substance Abuse Services,

the State Department of Health, and the Oklahoma Health Care

Authority shall:

1. Collaborate to seek funding opportunities for educational

and health care services related to nonopioid alternatives; and

2. Assist, upon request, political subdivisions that receive

opioid grant awards under the Political Subdivisions Opioid

Abatement Grants Act with the development and implementation of

educational and health care services related to nonopioid

alternatives.
Okla. Stat. tit. 43, § 43-413 — OK Code / Title 43 / Section 43-413
Payment of support through registry
Status: in_force

A. The Department of Human Services shall maintain a

Centralized Support Registry to receive, allocate and distribute

support payments. All child support, spousal support, and related

support payments shall be paid through the Registry as follows:

1. In all cases in which child support services are being

provided under the state child support plan as provided under

Section 237 of Title 56 of the Oklahoma Statutes; and

2. In all other cases in which support is being paid by income

withholding.

B. When child support enforcement services are being provided

under Section 237 of Title 56 of the Oklahoma Statutes, all monies

Oklahoma Statutes - Title 43. Marriage and Family Page 139

owed for child support shall continue to be paid through the

Registry until child support is no longer owed.

C. Any party desiring child support, spousal support, or

related support payments to be paid through the Registry may request

the court to order the payments to be made through the Registry.

Upon such request the court shall order payments to be made through

the Registry.

D. The Registry shall maintain the following information on all

cases in which support is paid through the Registry. This

information shall include, but not be limited to:

1. Names, social security numbers and dates of birth for both

parents and the children for whom support is ordered;

2. The amount of periodic support owed under the order;

3. Case identification numbers; and

4. Payment address.

E. In all cases, except those being enforced under the state

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

Oklahoma Statutes, employers shall provide the Registry with a copy

of the notice of income assignment specified in Section 1171.3 of

Title 12 and Section 240.2 of Title 56 of the Oklahoma Statutes.

Employers, parties, and obligees to an order, upon request, shall

provide additional information necessary for the Registry to

identify and properly allocate and distribute payments.

F. An obligee, pursuant to a judgment, decree, or order in

which payment of support is required by this section to be paid

through the Registry or whose support is being paid through the

Registry, shall provide information as directed by the Department of

Human Services necessary to properly allocate and distribute the

payments.

G. All payments made through the Registry shall be allocated

and distributed in accordance with Department of Human Services’

policy and federal regulations.

H. The Department of Human Services shall promulgate rules as

necessary to implement the provisions of this section.
Okla. Stat. tit. 43, § 43-551-203 — OK Code / Title 43 / Section 43-551-203
Jurisdiction to modify determination
Status: in_force

JURISDICTION TO MODIFY DETERMINATION

Except as otherwise provided in Section 16 of this act, a court

of this state may not modify a child custody determination made by a

court of another state unless a court of this state has jurisdiction

to make an initial determination under paragraph 1 or 2 of

subsection A of Section 13 of this act and:

1. The court of the other state determines it no longer has

exclusive, continuing jurisdiction under Section 14 of this act or

that a court of this state would be a more convenient forum under

Section 19 of this act; or

2. A court of this state or a court of the other state

determines that the child, the child's parents, and any person

acting as a parent do not presently reside in the other state.
Okla. Stat. tit. 43, § 43-103 — OK Code / Title 43 / Section 43-103
Venue for any action for divorce, annulment of a marriage
Status: in_force

or legal separation.

A. The venue of any action for divorce, annulment of a marriage

or legal separation may be in the following counties:

1. An action for divorce or annulment of a marriage may be

filed in the county in which the petitioner has been a resident for

the thirty (30) days immediately preceding the filing of the

petition or in the county in which the respondent is a resident;

provided, the action may be assigned for trial in any county within

the judicial district by the chief judge of the district; and

2. An action for legal separation may be brought in the county

in which either party is a resident at the time of the filing of the

petition.

B. The court may, upon application of a party, transfer an

action for divorce, annulment of marriage or legal separation at any

Oklahoma Statutes - Title 43. Marriage and Family Page 20

time after filing of the petition to any county where venue would be

proper under subsection A of this section if the requirements of

subsection C or D of this section are met.

C. The court shall grant a party’s application for change of

venue when the other party is not a resident of this state at the

time the application for change of venue is filed, or the plaintiff

has departed from this state and has been absent for more than six

(6) months preceding the date the application for change of venue is

filed, and transfer is requested to the county where the applying

party resides in this state.

D. The court shall grant a party’s application for change of

venue when the court determines that it is an inconvenient forum

under the circumstances and the court in another county is a more

appropriate forum consistent with the factors in subsection B of

Section 551-207 of the Uniform Child Custody Jurisdiction and

Enforcement Act after substitution of the word "county" for the word

"state" in such section of the act, and transfer is requested to the

county where the applying party resides in the state.
Okla. Stat. tit. 43A, § 43A-659 — OK Code / Title 43A / Section 43A-659
Renumbered as § 3-601 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-10-111 — OK Code / Title 43A / Section 43A-10-111
District court orders - Visitation
Status: in_force

A. 1. The district courts are vested with jurisdiction to

issue orders and enforce orders restricting visitation, by the

custodian or by any other person specified by the court, of a

vulnerable adult who is receiving or has been determined to need

protective services pursuant to the Protective Services for

Vulnerable Adults Act.

2. Whenever it is consistent with the welfare and safety of a

vulnerable adult, the court shall restrict the visitation of a

custodian or other person specified by the court who is alleged or

has been determined to have abused, neglected or exploited the

vulnerable adult.

3. Notice as ordered by the court shall be given to the

custodian or other person alleged or determined to have abused,

neglected or exploited a vulnerable adult.

B. If the Department of Human Services determines, as a result

of its investigation or an investigation by the Office of Client

Advocacy within the State Department of Health, that a vulnerable

adult needs voluntary or involuntary protective services as a result

of abuse, neglect or exploitation by the caretaker or by any other

person, the Department of Human Services may petition the district

Oklahoma Statutes - Title 43A. Mental Health Page 230

court to restrict the visitation of such custodian or other person

with the vulnerable adult.

C. 1. Consistent with the welfare and safety of the vulnerable

adult, the court may require supervised visitation, prohibit

visitation or otherwise limit the visitation by the custodian or

such other person with the vulnerable adult.

2. The basis for restricting visitation shall be stated in the

record by the court.

D. The owner, operator or any facility personnel of a nursing

home, residential home, assisted living facility or other long-term

care facility having reason to believe that visitation of a

vulnerable adult should be restricted may notify the Office of the

State Long-Term Care Ombudsman within the Office of the Attorney

General or the appropriate state entity. Any other person having

reason to believe that visitation of a vulnerable adult should be

restricted may notify the appropriate state entity pursuant to the

Protective Services for Vulnerable Adults Act.
Okla. Stat. tit. 43, § 43-20 — OK Code / Title 43 / Section 43-20
Computation of time
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 17

A. Marriage licenses shall be issued to all applicants who are

entitled under the laws of the State of Oklahoma to apply for a

marriage license and contract matrimony. Once issued, the marriage

license shall be valid for thirty (30) days and the marriage

ceremony shall be performed no later than thirty (30) days from the

date the license is issued. The marriage license and completed

marriage certificate shall be returned to the court clerk for

recording no later than thirty (30) days from the date the license

was issued.

B. The time within which an act is to be done, as provided for

in Title 43 of the Oklahoma Statutes, shall be computed by excluding

the first day and including the last day. If the last day is a

legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma

Statutes, it shall be excluded. The provisions of this section are

hereby declared to be a clarification of the law as it existed prior

to June 1, 2000, and shall not be considered or construed to be a

change of the law as it existed prior to June 1, 2000. Any action

or proceeding arising under Title 43 of the Oklahoma Statutes prior

to June 1, 2000, for which a determination of the period of time

prescribed by this section is in question or has been in question

due to the enactment of Section 2006 of Title 12 of the Oklahoma

Statutes shall be governed by the method for computation of time as

prescribed by this section.
Okla. Stat. tit. 43, § 43-14 — OK Code / Title 43 / Section 43-14
Penalty for performing unlawful marriage
Status: in_force

Any minister of the Gospel, or other person authorized to

solemnize the rites of matrimony within this state, who shall

knowingly solemnize the rites of matrimony between persons

prohibited by this chapter, from intermarrying shall be deemed

guilty of a Class D1 felony offense, and upon conviction thereof

shall be fined in any sum not exceeding Five Hundred Dollars

($500.00) and imprisonment as provided for in subsections B through

F of Section 20N of Title 21 of the Oklahoma Statutes.

Oklahoma Statutes - Title 43. Marriage and Family Page 16

R.L. 1910, § 3896. Amended by Laws 1997, c. 133, § 461, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 335, eff. July 1, 1999;
Okla. Stat. tit. 43A, § 43A-54.11 — OK Code / Title 43A / Section 43A-54.11
Renumbered as § 5-407 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-202 — OK Code / Title 43A / Section 43A-5-202
Confinement of persons alleged or adjudged mentally
Status: in_force

ill, alcohol-dependent or drug-dependent.

When any person alleged in any court to be mentally ill,

alcohol-dependent, or drug-dependent, or shall have been adjudged to

be mentally ill, alcohol-dependent, or drug-dependent and shall be

in the legal custody of the county sheriff as prescribed by law, if

such person has not been charged with commission of a crime, the

said county sheriff is hereby authorized to confine such person in a

place other than the county jail to be selected by said county

sheriff and to transport such person to the place selected; provided

that such confinement shall be in a place and manner so as to

prevent such confined person from in any way endangering himself or

any other person. The county is hereby directed to expend such

funds as may be necessary to provide for such confinement outside

the county jail. Specific authority is hereby granted the county

sheriff and the county commissioners to enter into a contract with a

nursing home or facility as a place of detention. Other departments

Oklahoma Statutes - Title 43A. Mental Health Page 115

and agencies of the state may not interfere with nor deter, in any

manner, this right to contract.
Okla. Stat. tit. 43A, § 43A-99 — OK Code / Title 43A / Section 43A-99
Renumbered as § 1-108 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-304 — OK Code / Title 43A / Section 43A-5-304
Voluntary admission to state facilities - Cost of care
Status: in_force

and treatment - Bond.

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules for the reception and retention of voluntary

consumers by state facilities.

B. The executive director in charge of any state facility or

licensed private hospital for care and treatment of the mentally ill

may at his or her discretion receive and retain therein as a

consumer:

1. Any person eighteen (18) years of age or over, suitable for

care and treatment, who voluntarily makes written application;

2. Any person, suitable for care and treatment at least sixteen

(16) years but not over eighteen (18) years of age, with the consent

of such person’s parent or guardian.

C. A person received at any facility pursuant to this section

shall not be detained for a period exceeding seventy-two (72) hours,

excluding weekends and holidays, from and inclusive of the date of

Oklahoma Statutes - Title 43A. Mental Health Page 131

notice in writing of his or her intention or desire to leave such

hospital or facility.

D. The applicant, or someone on behalf of the applicant, must

pay a bond for the cost of care and treatment or pay such cost each

month in advance, unless it is determined that the applicant is a

poor or indigent person as provided in this title.
Okla. Stat. tit. 43A, § 43A-613 — OK Code / Title 43A / Section 43A-613
Renumbered as § 3-301 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-18 — OK Code / Title 43 / Section 43-18
Injunction against violations
Status: in_force

In addition to the penalty provided in Section 2 hereof for a

violation of this act, a cause of action shall exist in favor of any

citizen of any county, or in favor of the State of Oklahoma on the

relation of the district attorney of any county where the offense is

committed to apply to the district court of the county for an

injunction restraining the violation of this act.
Okla. Stat. tit. 43A, § 43A-25 — OK Code / Title 43A / Section 43A-25
Renumbered as § 2-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-208 — OK Code / Title 43 / Section 43-601-208
Child support orders for two or more obligees
Status: in_force

In responding to registrations or petitions for enforcement of

two or more child support orders in effect at the same time with

regard to the same obligor and different individual obligees, at

least one of which was issued by a tribunal of another state or a

foreign country, a tribunal of this state shall enforce those orders

in the same manner as if the orders had been issued by a tribunal of

this state.
Okla. Stat. tit. 43, § 43-601-401 — OK Code / Title 43 / Section 43-601-401
Petition to establish support order
Status: in_force

A. If a support order entitled to recognition under this act

has not been issued, a responding tribunal of this state, with

personal jurisdiction over the parties, may issue a support order

if:

1. The individual seeking the order resides outside this state;

or

2. The support enforcement agency seeking the order is located

outside this state.

B. The tribunal may issue a temporary child support order if

the tribunal determines that such an order is appropriate and the

individual ordered to pay is:

1. A presumed father of the child;

2. Petitioning to have his paternity adjudicated;

3. Identified as the father of the child through genetic

testing;

4. An alleged father who has declined to submit to genetic

testing;

5. Shown by clear and convincing evidence to be the father of

the child;

6. An acknowledged father as provided by Section 1-311.3 of

Title 63 of the Oklahoma Statutes;

7. The mother of the child; or

8. An individual who has been ordered to pay child support in a

previous proceeding and the order has not been reversed or vacated.

C. Upon finding, after notice and opportunity to be heard, that

an obligor owes a duty of support, the tribunal shall issue a

support order directed to the obligor and may issue other orders

pursuant to Section 601-305 of this title.
Okla. Stat. tit. 43A, § 43A-7-108 — OK Code / Title 43A / Section 43A-7-108
Removal or enticement, assistance or encouragement to
Status: in_force

escape.

Any person who takes a consumer who has been lawfully admitted

from any facility within the Department of Mental Health and

Substance Abuse Services without the consent of the executive

director, or who entices, assists or encourages any such consumer to

escape therefrom shall be guilty of a misdemeanor and, upon

conviction, shall be fined not to exceed One Thousand Dollars

($1,000.00) or confined in jail not to exceed one (1) year, or both.
Okla. Stat. tit. 43, § 43-130 — OK Code / Title 43 / Section 43-130
Evidence
Status: in_force

Upon the trial of an action for a divorce, or for alimony the

court may admit proof of the admissions of the parties to be

received in evidence, carefully excluding such as shall appear to

have been obtained by connivance, fraud, coercion or other improper

means. Proof of cohabitation, and reputation of the marriage of the

Oklahoma Statutes - Title 43. Marriage and Family Page 114

parties, may be received as evidence of the marriage. But no

divorce shall be granted without proof.
Okla. Stat. tit. 43A, § 43A-801 — OK Code / Title 43A / Section 43A-801
Renumbered as § 10-101 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 267
Okla. Stat. tit. 43A, § 43A-802 — OK Code / Title 43A / Section 43A-802
Renumbered as § 10-102 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-206 — OK Code / Title 43 / Section 43-551-206
Simultaneous proceedings
Status: in_force

SIMULTANEOUS PROCEEDINGS

A. Except as otherwise provided in Section 16 of this act, a

court of this state may not exercise its jurisdiction under this

article if, at the time of the commencement of the proceeding, a

proceeding concerning the custody of the child has been commenced in

a court of another state having jurisdiction substantially in

conformity with this act, unless the proceeding has been terminated

or is stayed by the court of the other state because a court of this

state is a more convenient forum under Section 19 of this act.

Oklahoma Statutes - Title 43. Marriage and Family Page 151

B. Except as otherwise provided in Section 16 of this act, a

court of this state, before hearing a child custody proceeding,

shall examine the court documents and other information supplied by

the parties pursuant to Section 21 of this act. If the court

determines that a child custody proceeding has been commenced in a

court in another state having jurisdiction substantially in

accordance with this act, the court of this state shall stay its

proceeding and communicate with the court of the other state. If

the court of the state having jurisdiction substantially in

accordance with this act does not determine that the court of this

state is a more appropriate forum, the court of this state shall

dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a

court of this state shall determine whether a proceeding to enforce

the determination has been commenced in another state. If a

proceeding to enforce a child custody determination has been

commenced in another state, the court may:

1. Stay the proceeding for modification pending the entry of an

order of a court of the other state enforcing, staying, denying, or

dismissing the proceeding for enforcement;

2. Enjoin the parties from continuing with the proceeding for

enforcement; or

3. Proceed with the modification under conditions it considers

appropriate.
Okla. Stat. tit. 43A, § 43A-3-315 — OK Code / Title 43A / Section 43A-3-315
Certification as community residential mental health
Status: in_force

programs.

A. The Board of Mental Health and Substance Abuse Services

shall adopt minimum standards for program certification for

residential care homes operating as community residential mental

health programs as provided in this section. The standards shall be

adopted as rules and promulgated by the Board of Mental Health and

Oklahoma Statutes - Title 43A. Mental Health Page 68

Substance Abuse Services pursuant to the provisions of the

Administrative Procedures Act.

B. The program certification standards adopted by the Board

shall provide for a system of classification of community

residential mental health programs based upon the level of care

required by residents of the facility and establish minimum program

certification standards for each classification. The program

certification standards adopted by the Board for each classification

shall be such that residential care facilities having a valid

contract with the Department and licensed by the State Department of

Health on July 1, 1988, shall be qualified and eligible for program

certification within an appropriate classification.

C. The Department shall terminate the contract of any home that

fails to meet contract provisions regarding financial statements.

D. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of community residential mental health

facilities and programs as provided in Section 3-324 of this title.

E. Failure to comply with rules and standards promulgated by

the Board shall be grounds for revocation, suspension or nonrenewal

of certification.
Okla. Stat. tit. 43A, § 43A-6-205 — OK Code / Title 43A / Section 43A-6-205
Proposed transferees
Status: in_force

The compact administrator is hereby directed to consult with the

immediate family of any proposed transferee and, in the case of a

proposed transferee from an institution in this state to an

institution in another party state, to take no final action without

approval of the district court.
Okla. Stat. tit. 43A, § 43A-5-417 — OK Code / Title 43A / Section 43A-5-417
Precommitment examination - Matters included
Status: in_force

A precommitment examination ordered by the court shall include,

but is not limited to:

1. A physical evaluation;

2. A mental evaluation;

3. A social history;

4. A study of the individual's family and community situation;

5. A list of available forms of care and treatment which may

serve as an alternative to admission to a hospital;

6. Powers of attorney or advance health care directives, if

any; and

7. A recommendation as to the least restrictive placement

suitable to the person's needs, as identified by this section,

should the individual be ordered to undergo treatment by the court.

Programs other than hospitalization to be considered shall include,

but not be limited to, outpatient clinics, assisted outpatient

treatment where available, extended care facilities, nursing homes,

sheltered care arrangements, home care and homemaker services, and

other treatment programs or suitable arrangements.
Okla. Stat. tit. 43A, § 43A-101 — OK Code / Title 43A / Section 43A-101
Renumbered as § 3-109 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-315.2a — OK Code / Title 43A / Section 43A-3-315.2a
Substance abuse facilities - Violations of Alcohol
Status: in_force

and Drug Act - Injunction - Findings.

Oklahoma Statutes - Title 43A. Mental Health Page 69

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 substance abuse facility

believed to be in violation of the Oklahoma Alcohol and Drug Act or

any order or determination of the Department.

B. In any action for an injunction brought pursuant to this

section, any findings of the Department, after hearing and due

process, shall be prima facie evidence of the facts found therein.

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 fees to the

prevailing party.
Okla. Stat. tit. 43, § 43-601-205 — OK Code / Title 43 / Section 43-601-205
Continuing, exclusive jurisdiction - Controlling order
Status: in_force

A. A tribunal of this state that has issued a child support

order consistent with the law of this state has and shall exercise

continuing, exclusive jurisdiction to modify its child support order

if the order is the controlling order and:

1. At the time of the filing of a request for modification,

this state is the residence of the obligor, the individual obligee,

or the child for whose benefit the support order is issued; or

2. Even if this state is not the residence of the obligor, the

individual obligee, or the child for whose benefit the support order

is issued, the parties consent in a record or in open court that the

tribunal of this state may continue to exercise jurisdiction to

modify its order.

B. A tribunal of this state that has issued a child support

order consistent with the law of this state may not exercise

continuing, exclusive jurisdiction to modify the order if:

1. All of the parties who are individuals file consent in a

record with the tribunal of this state that a tribunal of another

state that has jurisdiction over at least one of the parties who is

an individual or that is located in the state of residence of the

Oklahoma Statutes - Title 43. Marriage and Family Page 180

child may modify the order and assume continuing, exclusive

jurisdiction; or

2. Its order is not the controlling order.

C. If a tribunal of another state has issued a child support

order pursuant to the Uniform Interstate Family Support Act or a law

substantially similar to the Act which modifies a child support

order of a tribunal of this state, tribunals of this state shall

recognize the continuing, exclusive jurisdiction of the tribunal of

the other state.

D. A tribunal of this state that lacks continuing, exclusive

jurisdiction to modify a child support order may serve as an

initiating tribunal to request a tribunal of another state to modify

a support order issued in that state.

E. A temporary support order issued ex parte or pending

resolution of a jurisdictional conflict does not create continuing,

exclusive jurisdiction in the issuing tribunal.
Okla. Stat. tit. 43, § 43-601-602 — OK Code / Title 43 / Section 43-601-602
Procedure to register order for enforcement
Status: in_force

A. Except as otherwise provided in Section 601-706 of this

title, a support order or income-withholding order of another state

or a foreign support order may be registered in this state by

sending the following records to the appropriate tribunal in this

state:

1. A letter of transmittal to the tribunal requesting

registration and enforcement;

2. Two copies, including one certified copy, of the order to be

registered, including any modification of the order;

3. A sworn statement by the person requesting registration or a

certified statement by the custodian of the records showing the

amount of any arrearage;

4. The name of the obligor and, if known:

a. the obligor's address and social security number,

b. the name and address of the obligor's employer and any

other source of income of the obligor, and

Oklahoma Statutes - Title 43. Marriage and Family Page 196

c. a description and the location of property of the

obligor in this state not exempt from execution; and

5. Except as otherwise provided in Section 601-312 of this

title, the name and address of the obligee and, if applicable, the

person to whom support payments are to be remitted.

B. On receipt of a request for registration, the registering

tribunal shall cause the order to be filed as an order of a tribunal

of another state or a foreign support order, together with one copy

of the documents and information, regardless of their form.

C. A petition or comparable pleading seeking a remedy that must

be affirmatively sought under other law of this state may be filed

at the same time as the request for registration or later. The

pleading must specify the grounds for the remedy sought.

D. If two or more orders are in effect, the person requesting

registration shall:

1. Furnish to the tribunal a copy of every support order

asserted to be in effect in addition to the documents specified in

this section;

2. Specify the order alleged to be the controlling order, if

any; and

3. Specify the amount of consolidated arrears, if any.

E. A request for a determination of which is the controlling

order may be filed separately or with a request for registration and

enforcement or for registration and modification. The person

requesting registration shall give notice of the request to each

party whose rights may be affected by the determination.
Okla. Stat. tit. 43, § 43-571-104 — OK Code / Title 43 / Section 43-571-104
Methods to initiate prevention measures
Status: in_force

A. A court on its own motion may order abduction prevention

measures in a child custody proceeding if the court finds that the

evidence establishes a credible risk of abduction of the child.

B. A party to a child custody determination or another

individual or entity having a right under the laws of this state or

any other state to seek a child custody determination for the child

may file a petition seeking abduction prevention measures to protect

the child under this act.

C. As authorized by Section 551-315 of Title 43 of the Oklahoma

Statutes, a district attorney may seek a warrant to take physical

custody of a child pursuant to Section 9 of this act, or to take

other appropriate prevention measures.
Okla. Stat. tit. 43A, § 43A-3-460 — OK Code / Title 43A / Section 43A-3-460
Driver license revocation - Certification of alcohol
Status: in_force

and drug assessment personnel - Application and assessment fees.

A. The Department of Mental Health and Substance Abuse Services

shall certify assessment personnel for the purpose of conducting

alcohol and drug assessment and evaluation programs related to

driver license revocation.

B. Application fees for certification of assessment personnel

shall be set by the Department 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

One Hundred Fifty Dollars ($150.00) upon triennial renewal.

C. The fee for those undergoing an assessment and evaluation

pursuant to this section shall be One Hundred Sixty Dollars

($160.00). A fee of Fifteen Dollars ($15.00) shall be remitted by

Oklahoma Statutes - Title 43A. Mental Health Page 99

the individual undergoing an assessment and evaluation directly to

the Department of Public Safety pursuant to Section 6-212 of Title

47 of the Oklahoma Statutes.

1. The Department of Public Safety shall remit ninety percent

(90%) of the fifteen-dollar fee collected pursuant to this section

to the State Treasurer to be credited to the Community-based

Substance Abuse Revolving Fund in the State Treasury and shall be

used by the Department of Mental Health and Substance Abuse

Services.

2. Ten percent (10%) of each fifteen-dollar fee collected by

the Department of Public Safety pursuant to this section shall be

deposited into the Department of Public Safety Restricted Revolving

Fund, as created in Section 2-145 of Title 47 of the Oklahoma

Statutes, to be used for administrative costs associated with the

duties imposed by this section.

D. The Board of Mental Health and Substance Abuse Services is

authorized to promulgate such rules as are necessary to implement

the provisions of Section 3-451 et seq. of this title. Failure to

comply with rules and standards promulgated by the Board shall be

grounds for revocation, suspension or nonrenewal of certification.

E. The Director of the Office of Management and Enterprise

Services shall transfer any unobligated monies generated by the fees

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

from the Department of Mental Health and Substance Abuse Services

Revolving Fund to the Community-based Substance Abuse Revolving

Fund, in amounts calculated by the Department.

F. No alcohol or drug assessment personnel shall operate or

continue to operate as such unless the alcohol or drug assessment

personnel comply with the rules promulgated by the Board and are

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

103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-109 — OK Code / Title 43A / Section 43A-3-109
Canteens - Use of profits
Status: in_force

There may be established and maintained at each of the

facilities within the Department of Mental Health and Substance

Abuse Services a canteen. Any profits from the canteen of a

facility shall be used for the benefit of the consumers of the

facility.
Okla. Stat. tit. 43, § 43-601-313 — OK Code / Title 43 / Section 43-601-313
Costs and fees
Status: in_force

A. The petitioner may not be required to pay a filing fee or

other costs.

B. If an obligee prevails, a responding tribunal of this state

may assess against an obligor filing fees, reasonable attorney's

fees, other costs, and necessary travel and other reasonable

expenses incurred by the obligee and the obligee's witnesses. The

tribunal may not assess fees, costs, or expenses against the obligee

or the support enforcement agency of either the initiating or the

responding state or foreign country, except as provided by other

law. Attorney's fees may be taxed as costs, and may be ordered paid

directly to the attorney, who may enforce the order in the

attorney's own name. Payment of support owed to the obligee has

priority over fees, costs and expenses.

C. The tribunal shall order the payment of costs and reasonable

attorney's fees if it determines that a hearing was requested

primarily for delay. In a proceeding under Article 6 of this title,

a hearing is presumed to have been requested primarily for delay if

a registered support order is confirmed or enforced without change.
Okla. Stat. tit. 43A, § 43A-3-424 — OK Code / Title 43A / Section 43A-3-424
Visitation privileges - Mail or other communication -
Status: in_force

Telephones.

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

section, a consumer in an inpatient or residential mental health or

substance abuse facility has the right to:

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

2. Reasonable access to make and receive telephone calls;

3. Communicate by uncensored and sealed mail; and

4. Writing materials and reasonable amounts of postage if

unable to procure the same.

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

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

Oklahoma Statutes - Title 43A. Mental Health Page 90

by the treatment team ultimately responsible for the consumer’s

treatment to the extent that the restriction is necessary to the

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

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

counsel, a treatment advocate, or the Department may not be denied.

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

for the restriction and the duration of the restriction shall be

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

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

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

reasons for the restriction and the duration of the restriction.
Okla. Stat. tit. 43A, § 43A-431 — OK Code / Title 43A / Section 43A-431
Renumbered as § 3-108 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-414 — OK Code / Title 43A / Section 43A-5-414
Evaluations
Status: in_force

A. If a mental health evaluation is not attached to a petition

alleging a person to be a person requiring treatment at the time the

petition is filed, the court shall order the person who is the

subject of the petition to undergo a mental health evaluation by two

licensed mental health professionals, and a mental health evaluation

to be completed and filed with the court prior to the hearing.

1. The mental health evaluation shall be conducted on an

outpatient basis unless the court has issued an order for prehearing

detention.

2. A copy of all petitions, orders, affidavits, powers of

attorney, advance health care directives, treatment advocate

designations, mental health advance directives, guardianships,

police reports and other relevant documents shall accompany the

person to the place where the mental health evaluation is to be

conducted.

3. Upon completion of the mental health evaluation, the

facility shall transmit a copy of the evaluation prepared by the

licensed mental health professionals to the court and to the

attorney of record for the person evaluated.

B. The report of the licensed mental health professionals

conducting the mental health evaluation pursuant to this section

shall include written findings as to whether:

1. The person being evaluated appears to be a person requiring

treatment as defined in this title, and is reasonably likely to

benefit from mental health or substance abuse treatment; and

2. Based on the following, inpatient treatment is the least

restrictive alternative that meets the needs of the person:

a. reasonable efforts have been made to provide for the

mental health or substance abuse treatment needs of

the person through the provision of less restrictive

alternatives and the alternatives have failed to meet

the treatment needs of the person, or

b. after a thorough consideration of less restrictive

alternatives to inpatient treatment, the condition of

the person is such that less restrictive alternatives

are unlikely to meet the treatment needs of the

person.
Okla. Stat. tit. 43A, § 43A-446 — OK Code / Title 43A / Section 43A-446
Renumbered as § 2-305 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-24 — OK Code / Title 43A / Section 43A-24
Renumbered as § 2-105 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-54.5 — OK Code / Title 43A / Section 43A-54.5
Renumbered as § 5-402 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-7-107 — OK Code / Title 43A / Section 43A-7-107
Escape or leave without permission - Notice - Discharge
Status: in_force

or convalescent leave - Apprehension.

A. When a facility within the Department of Mental Health and

Substance Abuse Services has a consumer leave without permission, or

escape, the executive director of the facility shall notify a

relative of the consumer, or, in the event the consumer has been

admitted in accordance with a court order, the judge of the court

ordering the consumer to the hospital.

B. Should a consumer, other than one admitted in accordance

with a court order, absent from the hospital without permission, not

cause trouble in the community to which he goes, the consumer may be

discharged or given convalescent leave at the discretion of the

executive director of the hospital.

C. Any other consumer, escaped or absent without permission,

who has to be returned to the hospital shall be returned by the

relatives or friends or, in the event of their failure to return the

escaped individual, it shall be the responsibility and duty of

officers of the county wherein the individual is present to

apprehend the individual and return the consumer to the appropriate

facility. It shall be the duty of any municipal law enforcement

officer to directly return such consumer if the facility is located

within the boundaries of the governmental entity employing the

officer.

D. The governmental entity employing the law enforcement

officers shall reimburse the officers for necessary travel expense

as provided by law.

Oklahoma Statutes - Title 43A. Mental Health Page 195
Okla. Stat. tit. 43A, § 43A-11-101 — OK Code / Title 43A / Section 43A-11-101
Short title
Status: in_force

This act shall be known and may be cited as the "Advance

Directives for Mental Health Treatment Act".
Okla. Stat. tit. 43A, § 43A-72 — OK Code / Title 43A / Section 43A-72
Renumbered as § 6-102 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 258
Okla. Stat. tit. 43A, § 43A-118 — OK Code / Title 43A / Section 43A-118
Renumbered as § 4-206 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-2-214 — OK Code / Title 43A / Section 43A-2-214
Training of institution personnel - Use of funds
Status: in_force

The Commissioner of Mental Health and Substance Abuse Services

is authorized to establish training schools within the Department or

within any of the institutions operated by the Department, for the

training of necessary personnel for the institutions, or may arrange

for the training of employees or prospective employees in any public

or private school or institution within this state or elsewhere

having available facilities for that purpose. Funds of the

Department and/or institutions under its control may be used to pay

salaries to employees, or to pay tuition and subsistence for

employees or prospective employees, while receiving such training.

Any employee or prospective employee who is paid a salary, or for

whom tuition and subsistence are furnished, while receiving such

training, shall be required to enter into a contract prior to

receiving such training, that unless he continues in the employ of

the Department for at least a period equivalent to the training, he

will reimburse to the Department the sum paid to or for him by the

Department during the period of his training.
Okla. Stat. tit. 43A, § 43A-34 — OK Code / Title 43A / Section 43A-34
Renumbered as § 2-106 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-150.2 — OK Code / Title 43 / Section 43-150.2
Custodial responsibility – Jurisdiction - Residency
Status: in_force

A court of this state may enter an order regarding custodial

responsibility pursuant to the Deployed Parents Custody and

Visitation Act only where the court has jurisdiction pursuant to the

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),

Sections 551-101 through 551-402 of Title 43 of the Oklahoma

Statutes. If a court of this state has rendered a temporary order

regarding custodial responsibility pursuant to the Deployed Parents

Custody and Visitation Act, the deploying parent shall be deemed to

Oklahoma Statutes - Title 43. Marriage and Family Page 128

reside in this state for the purposes of the UCCJEA during the

duration of the deployment. If a court of another state has

rendered a temporary order regarding custodial responsibility

pursuant to deployment, this court shall deem the deploying parent

to reside in the rendering state for the purposes of the UCCJEA

during the duration of the deployment. This section does not

prohibit the exercise of temporary emergency jurisdiction by a court

of this state under the UCCJEA.
Okla. Stat. tit. 43A, § 43A-5-507 — OK Code / Title 43A / Section 43A-5-507
Admission of alleged deprived child or ward of court –
Status: in_force

Initial assessment – Mental health evaluation – Petition – Parent

having physical custody.

A. No minor who is placed into emergency, temporary or

permanent custody of a state agency pursuant to Title 10A of the

Oklahoma Statutes shall be admitted to a hospital or mental health

or substance abuse treatment facility:

1. On an emergency basis except as provided by this section;

2. For inpatient treatment except upon a commitment order of

the court pursuant to the provisions of subsection D of this section

and after a finding that the minor requires such services as

provided by Section 5-512 of this title.

B. After an initial assessment and a determination that a minor

is a minor in need of treatment, the minor may be admitted to a

hospital or mental health or substance abuse treatment facility on

an emergency basis for a period not to exceed five (5) days from the

time of admission, excluding weekends and holidays. On the next

business day following admission, notice of such admission shall be

given by the person responsible for the supervision of the case, as

applicable, to the minor's attorney, Court Appointed Special

Advocate (CASA) or guardian ad litem, the court and district

attorney.

C. A minor admitted on an emergency basis pursuant to this

section shall be evaluated and the mental health evaluation

submitted to the district attorney within forty-eight (48) hours of

admission, excluding weekends and holidays. The mental health

evaluation shall be performed by a licensed mental health

professional at the facility.

D. If after an inpatient or outpatient mental health evaluation

it appears that the minor may require inpatient treatment, the

district attorney shall file a petition as provided by Section 5-509

of this title within three (3) days after receiving the mental

health evaluation requesting an order committing the minor to a

facility for inpatient treatment. After the filing of a petition

and upon issuance of a prehearing detention order, the minor may be

detained in the facility for no longer than necessary for a hearing

on the petition as provided by Section 5-510 of this title or

further order of the court.

E. Nothing in this section shall be interpreted to preclude or

prohibit a parent having physical custody of a minor who is a ward

of the court from arranging for an emergency admission of the minor.

In such cases, the parent shall immediately notify the person

responsible for the supervision of the case of the admission.
Okla. Stat. tit. 43, § 43-410 — OK Code / Title 43 / Section 43-410
Short title
Status: in_force

This act shall be known as the "Oklahoma Centralized Support

Registry Act".
Okla. Stat. tit. 43A, § 43A-57.1 — OK Code / Title 43A / Section 43A-57.1
Renumbered as § 5-201 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-112.4 — OK Code / Title 43 / Section 43-112.4
No duty to maintain stepchildren
Status: in_force

A stepparent is not required to maintain his or her spouse’s

children from a prior relationship.
Okla. Stat. tit. 43, § 43-601-302 — OK Code / Title 43 / Section 43-601-302
Action by minor parent
Status: in_force

A minor parent, or a guardian or other legal representative of a

minor parent, may maintain a proceeding on behalf of or for the

benefit of the minor's child.

Oklahoma Statutes - Title 43. Marriage and Family Page 184
Okla. Stat. tit. 43A, § 43A-5-501 — OK Code / Title 43A / Section 43A-5-501
Short title - Legislative intent
Status: in_force

A. Sections 5-501 through 5-513 of this title shall be known

and may be cited as the “Inpatient Mental Health and Substance Abuse

Treatment of Minors Act”.

B. The Oklahoma Legislature hereby declares that the public

policy of this state is to:

1. Assure adequate treatment of minors needing mental health

treatment or treatment for drug or alcohol abuse;

2. Establish behavioral standards for determination of

dangerousness of persons in need of such treatment;

3. Require the use of the least restrictive alternative in the

determination of the method of treatment;

4. Provide orderly and reliable procedures for admission or

commitment of minors alleged to be in need of inpatient mental

health treatment or treatment for drug or alcohol abuse consistent

with due process of law; and

5. Protect the rights of consumers hospitalized pursuant to

law.

Oklahoma Statutes - Title 43A. Mental Health Page 159

C. It is the intent of the Legislature that:

1. Mental health and substance abuse treatment services shall

be provided in the manner most likely to preserve, support and

strengthen the family of the minor and to assist the minor and the

family of the minor;

2. Minors needing mental health services or substance abuse

treatment shall, to the maximum extent possible, receive those

services on an outpatient basis; and

3. Inpatient evaluation and treatment services shall be

utilized only as necessary to preserve the health or safety of the

minor or for the protection of others in the case of a minor who, as

a result of a demonstrable mental illness or drug or alcohol

dependence, can be expected to intentionally or unintentionally

seriously and physically injure another person.

D. A minor may be admitted for inpatient mental health or

substance abuse treatment only pursuant to the provisions of the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
Okla. Stat. tit. 43A, § 43A-81 — OK Code / Title 43A / Section 43A-81
Renumbered as § 3-703 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-23 — OK Code / Title 43A / Section 43A-23
Renumbered as § 2-213 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-314 — OK Code / Title 43 / Section 43-551-314
Appeals
Status: in_force

APPEALS

An appeal may be taken from a final order in a proceeding under

this article in accordance with appellate procedures in other civil

cases. Unless the court enters a temporary emergency order under

Section 16 of this act, the enforcing court may not stay an order

enforcing a child custody determination pending appeal.
Okla. Stat. tit. 43, § 43-9 — OK Code / Title 43 / Section 43-9
Records - Return of original
Status: in_force

The judge or clerk of the district court issuing any marriage

license shall make a complete record of the application, license,

and certificate thereon, on an optical disc, microfilm, microfiche,

Oklahoma Statutes - Title 43. Marriage and Family Page 15

imaging, in a book kept by the judge or clerk for that purpose,

properly indexed, or by electronic means using any method approved

by the Supreme Court; and the record of the license shall be made

before it is delivered to the person procuring the same, and the

record of the certificate shall be made upon the return of the

license; provided, that all records pertaining to the issuance of

such license shall be open to public inspection during office hours;

provided further, that after recording of the original license and

completed certificate as hereinbefore required, it shall be returned

to the persons to whom the same was issued, with the issuing

officer's certificate affixed thereon showing the book and page or

case number where the same has been recorded.
Okla. Stat. tit. 43, § 43-206 — OK Code / Title 43 / Section 43-206
Mutual consent as consideration for separation agreement
Status: in_force

The mutual consent of the parties is a sufficient consideration

for such an agreement as is mentioned in the last section.
Okla. Stat. tit. 43A, § 43A-5-201 — OK Code / Title 43A / Section 43A-5-201
Rights of detained persons upon entry into facility
Status: in_force

All facilities wherein persons are detained for any purpose

under the provisions of this act shall allow such detained person

the right to contact a relative, close friend or attorney

immediately upon entry into such place of detention.
Okla. Stat. tit. 43, § 43-571-103 — OK Code / Title 43 / Section 43-571-103
Application of Uniform Child Custody Jurisdiction and
Status: in_force

Enforcement Act.

The provisions of the Uniform Child Custody Jurisdiction and

Enforcement Act as provided in Sections 551-110, 551-111, and 551-

112 of Title 43 of the Oklahoma Statutes shall apply to cooperation

and communications among courts in proceedings under this act.
Okla. Stat. tit. 43A, § 43A-187 — OK Code / Title 43A / Section 43A-187
Renumbered as § 8-107 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-410 — OK Code / Title 43A / Section 43A-5-410
Petition regarding person requiring treatment
Status: in_force

A. The following persons may file or request the district

attorney to file a petition with the district court, upon which is

hereby conferred jurisdiction, to determine whether an individual is

a person requiring treatment, and to order the least restrictive

appropriate treatment for the person:

1. A treatment advocate as defined in Section 1-109.1 of this

title;

2. The father, mother, husband, wife, grandparent, brother,

sister, guardian or child, over the age of eighteen (18) years, of

an individual alleged to be a person requiring treatment;

3. A licensed mental health professional;

4. A person in charge of any correctional institution;

5. Any peace officer within the county in which the individual

alleged to be a person requiring treatment resides or may be found;

or

6. The district attorney in whose district the person resides

or may be found.

B. The petition shall contain a statement of the facts upon

which the allegation is based and, if known, the names and addresses

of any witnesses to the alleged facts.

1. The petition shall be verified and made under penalty of

perjury.

2. A request for the prehearing detention of the individual

alleged to be a person requiring treatment may be attached to the

petition.

3. If the individual alleged to be a person requiring treatment

is being held in emergency detention, a copy of the mental health

evaluation shall be attached to the petition.

C. Petitions filed to determine if an individual should be

ordered to assisted outpatient treatment as defined by Section 1-103

of this title shall only be filed by a licensed mental health

professional employed by the Department of Mental Health and

Substance Abuse Services or employed by a community mental health

center certified by the Department pursuant to Section 3-306.1 of

this title.

D. The inpatient mental health treatment of minors shall be

pursuant to the provisions of the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act.
Okla. Stat. tit. 43A, § 43A-9-101 — OK Code / Title 43A / Section 43A-9-101
Voluntary treatment - Application - Admission -
Status: in_force

Discharge.

A. 1. An alcohol- or drug-dependent person or his or her court

appointed guardian may apply for voluntary treatment directly to an

approved treatment facility.

2. A minor may apply for voluntary treatment pursuant to the

provisions of Section 2602 of Title 63 of the Oklahoma Statutes.

3. A parent of a minor may consent to the voluntary admission

and treatment of the minor directly to an approved treatment

facility for substance abuse treatment.

B. 1. Subject to rules adopted by the Board of Mental Health

and Substance Abuse Services, the administrator in charge of an

approved treatment facility may determine who shall be admitted for

treatment.

2. When a person is refused admission to an approved treatment

facility, the administrator, subject to rules adopted by the Board,

shall refer the person to another approved treatment facility for

treatment if possible and appropriate.

C. 1. When a consumer receiving inpatient care leaves an

approved treatment facility, the consumer shall be encouraged to

consent to appropriate outpatient or intermediate treatment.

2. If it appears to the administrator in charge of the approved

treatment facility that the consumer is an alcohol- or drug-

dependent person who requires help, the facility shall arrange for

assistance in obtaining supportive services and residential

facilities if possible and appropriate.

D. If the consumer is a minor or an incompetent person, the

request for discharge from an inpatient or residential facility

shall be made by a parent, spouse, or legal guardian, or by the

minor if the minor was voluntarily admitted.
Okla. Stat. tit. 43A, § 43A-5-305 — OK Code / Title 43A / Section 43A-5-305
Application for voluntary admission
Status: in_force

Any person desiring and needing psychiatric treatment in a state

facility for the mentally ill as a voluntary consumer may present a

written application to the judge of the district court:

1. Of the county in which the person resides; or

2. Of the county in which a state hospital for the mentally ill

is located.
Okla. Stat. tit. 43A, § 43A-12-102 — OK Code / Title 43A / Section 43A-12-102
Purpose
Status: in_force

The purpose of the Suicide Prevention Act is to facilitate the

translation of suicide-related data into comprehensive public policy

that is directed toward reducing the number of attempted suicides

and suicides in Oklahoma by:

Oklahoma Statutes - Title 43A. Mental Health Page 247

1. Improving methods of identifying minors and adults who are

at risk of dying by suicide;

2. Improving awareness of and access to existing mental health

services for individuals identified as needing those services; and

3. Coordinating and developing community resources to prevent

attempted suicide and suicide among minors and adults.
Okla. Stat. tit. 43, § 43-551-306 — OK Code / Title 43 / Section 43-551-306
Enforcement of registered determination
Status: in_force

ENFORCEMENT OF REGISTERED DETERMINATION

A. A court of this state may grant any relief normally

available under the laws of this state to enforce a registered child

custody determination made by a court of another state.

B. A court of this state shall recognize and enforce, but may

not modify, except in accordance with Article 2 of this act, a

registered child custody determination of a court of another state.
Okla. Stat. tit. 43A, § 43A-2-401.2 — OK Code / Title 43A / Section 43A-2-401.2
Emergency opioid antagonists for hospitals
Status: in_force

A. As used in this section:

1. “Emergency opioid antagonist” means a drug including but not

limited to naloxone that blocks the effects of opioids and that is

Oklahoma Statutes - Title 43A. Mental Health Page 55

approved by the United States Food and Drug Administration for the

treatment of an opioid overdose; and

2. “Health benefit plan” has the same meaning as provided by

Section 6060.4 of Title 36 of the Oklahoma Statutes.

B. Subject to allocation of federal funding for the purchase of

emergency opioid antagonists, the Department of Mental Health and

Substance Abuse Services shall distribute emergency opioid

antagonists to hospitals for distribution by hospitals of emergency

opioid antagonists to patients not covered by the state Medicaid

program or by a health benefit plan as described in subsection C of

Section 2 of this act.

C. The State Department of Health shall provide necessary

technical assistance for the implementation of this section and

Section 2 of this act.
Okla. Stat. tit. 43, § 43-551-108 — OK Code / Title 43 / Section 43-551-108
Notice to persons outside state
Status: in_force

NOTICE TO PERSONS OUTSIDE STATE

A. Notice required for the exercise of jurisdiction when a

person is outside this state may be given in the manner provided in

Section 2004 of Title 12 of the Oklahoma Statutes or by the law of

the state in which the service is made. Notice must be given in a

manner reasonably calculated to give actual notice but may be by

publication if other means are not effective.

B. Proof of service may be made in the manner provided in

Section 2004 of Title 12 of the Oklahoma Statutes or by the law of

the state in which the service is made.

C. Notice is not required for the exercise of jurisdiction with

respect to a person who submits to the jurisdiction of the court.
Okla. Stat. tit. 43A, § 43A-2-307 — OK Code / Title 43A / Section 43A-2-307
Property to state in trust for mentally incompetent or
Status: in_force

poor person - Validity - Minimum amount.

Any will or conveyance by which any real or personal estate may

be directed to be sold or converted into money, and the proceeds

paid over to the state, or the Treasurer thereof, in trust for any

insane person, and any will bequeathing or deed conveying any money

to this state or the people thereof, in trust for any insane person

or poor person, is hereby declared to be legal and valid, as to such

trust, and the trust so reposed and declared shall be accepted

subject to the conditions, restrictions and limitations contained in

this act. No trust shall be accepted under this act unless the

monies so bequeathed, or the proceeds of sale of real or personal

estate so devised, bequeathed or conveyed shall amount to at least

One Hundred Dollars ($100.00).
Okla. Stat. tit. 43A, § 43A-3-427 — OK Code / Title 43A / Section 43A-3-427
Alcohol- or drug-dependent person deemed mentally ill
Status: in_force

Any alcohol- or drug-dependent person who is also deemed to be a

mentally ill person as defined in the mental health laws of this

state is subject to all provisions of the mental health laws

governing admission and disposition of mentally ill persons.
Okla. Stat. tit. 43A, § 43A-620 — OK Code / Title 43A / Section 43A-620
Renumbered as § 3-308 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 265
Okla. Stat. tit. 43A, § 43A-112 — OK Code / Title 43A / Section 43A-112
Renumbered as § 4-202 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-305 — OK Code / Title 43 / Section 43-551-305
Registration of child custody determination
Status: in_force

REGISTRATION OF CHILD CUSTODY DETERMINATION

A. A child custody determination issued by a court of another

state may be registered in this state, with or without a

simultaneous request for enforcement, by sending to the appropriate

court in this state:

1. A letter or other document requesting registration;

2. Two copies, including one certified copy, of the

determination sought to be registered, and a statement under penalty

Oklahoma Statutes - Title 43. Marriage and Family Page 156

of perjury that to the best of the knowledge and belief of the

person seeking registration the order has not been modified; and

3. Except as otherwise provided in Section 21 of this act, the

name and address of the person seeking registration and any parent

or person acting as a parent who has been awarded custody or

visitation in the child custody determination sought to be

registered.

B. On receipt of the documents required by subsection A of this

section, the registering court shall:

1. Cause the determination to be filed as a foreign judgment,

together with one copy of any accompanying documents and

information, regardless of their form; and

2. Serve notice upon the persons named pursuant to paragraph 3

subsection A of this section and provide them with an opportunity to

contest the registration in accordance with this section.

C. The notice required by paragraph 2 of subsection B of this

section must state that:

1. A registered determination is enforceable as of the date of

the registration in the same manner as a determination issued by a

court of this state;

2. A hearing to contest the validity of the registered

determination must be requested within twenty (20) days after

service of notice; and

3. Failure to contest the registration will result in

confirmation of the child custody determination and preclude further

contest of that determination with respect to any matter that could

have been asserted.

D. A person seeking to contest the validity of a registered

order must request a hearing within twenty (20) days after service

of the notice. At that hearing, the court shall confirm the

registered order unless the person contesting registration

establishes that:

1. The issuing court did not have jurisdiction under Article 2

of this act;

2. The child custody determination sought to be registered has

been vacated, stayed, or modified by a court having jurisdiction to

do so under Article 2 of this act; or

3. The person contesting registration was entitled to notice,

but notice was not given in accordance with the standards of Section

8 of this act, in the proceedings before the court that issued the

order for which registration is sought.

E. If a timely request for a hearing to contest the validity of

the registration is not made, the registration is confirmed as a

matter of law and the person requesting registration and all persons

served must be notified of the confirmation.

F. Confirmation of a registered order, whether by operation of

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

Oklahoma Statutes - Title 43. Marriage and Family Page 157

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

the time of registration.
Okla. Stat. tit. 43A, § 43A-901 — OK Code / Title 43A / Section 43A-901
Renumbered as § 3-501 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-313 — OK Code / Title 43 / Section 43-551-313
Recognition and enforcement
Status: in_force

RECOGNITION AND ENFORCEMENT

Oklahoma Statutes - Title 43. Marriage and Family Page 161

A court of this state shall accord full faith and credit to an

order issued by another state and consistent with this act which

enforces a child custody determination by a court of another state

unless the order has been vacated, stayed, or modified by a court

having jurisdiction to do so under Article 2 of this act.
Okla. Stat. tit. 43, § 43-601-702 — OK Code / Title 43 / Section 43-601-702
Application of article
Status: in_force

This article applies only to a support proceeding under the

convention. In such a proceeding, if a provision of this article is

inconsistent with Articles 1 through 6, this article controls.
Okla. Stat. tit. 43, § 43-561-202 — OK Code / Title 43 / Section 43-561-202
Custody transfers not applicable
Status: in_force

The provisions of this article shall not apply to a transfer of

custody of a child by a parent or guardian of the child to:

1. A parent of the child;

2. A stepparent of the child;

3. An adult who is related to the child by blood, marriage,

adoption, or other relationship recognized by the laws of this

state;

4. An adult who, at the time of the transfer, had a close

relationship with the child or the parent or guardian of the child

for a substantial period, and whom the parent or guardian reasonably

believes, at the time of the transfer, to be a fit custodian of the

child;

5. An Indian custodian, as defined in Section 4(6) of the

Indian Child Welfare Act of 1978, 25 U.S.C. Section 1903(6), as

amended, of the child; or

6. A member of the child’s customary family unit recognized by

the child’s indigenous group under the laws of this state.
Okla. Stat. tit. 43, § 43-133 — OK Code / Title 43 / Section 43-133
Setting aside of divorce decrees upon petition of parties
Status: in_force

When a decree of divorce has been issued by a district or

superior court, said court is hereby authorized to dissolve said

decree at any future time, in or out of the term wherein the decree

was granted, provided that both parties to the divorce action file a

petition, signed by both parties, asking that said decree be set

aside and held for naught. And further provided that both parties

seeking to have the decree set aside shall make proof to the court

that neither one has married a third party during the time since the

issuance of the decree of divorce.