Okla. Stat. tit. 43, § 43-601-207 — OK Code / Title 43 / Section 43-601-207
Determination of controlling order
Status: in_force

A. If a proceeding is brought pursuant to the Uniform

Interstate Family Support Act and only one tribunal has issued a

child support order, the order of that tribunal controls and must be

so recognized.

Oklahoma Statutes - Title 43. Marriage and Family Page 181

B. If a proceeding is brought pursuant to the Uniform

Interstate Family Support Act, and two or more child support orders

have been issued by tribunals of this state or another state or a

foreign country with regard to the same obligor and same child, a

tribunal of this state having personal jurisdiction over both the

obligor and individual obligee shall apply the following rules and

by order shall determine which order controls and must be

recognized:

1. If only one of the tribunals would have continuing,

exclusive jurisdiction pursuant to the Uniform Interstate Family

Support Act, the order of that tribunal control;

2. If more than one of the tribunals would have continuing,

exclusive jurisdiction under this act:

a. an order issued by a tribunal in the current home

state of the child controls, or

b. if an order has not been issued in the current home

state of the child, the order most recently issued

controls; and

3. If none of the tribunals would have continuing, exclusive

jurisdiction pursuant to the Uniform Interstate Family Support Act,

the tribunal of this state shall issue a child support order, which

controls.

C. If two or more child support orders have been issued for the

same obligor and same child, upon request of a party who is an

individual or that is a support enforcement agency, a tribunal of

this state having personal jurisdiction over both the obligor and

the obligee who is an individual shall determine which order

controls under subsection B of this section. The request may be

filed with a registration for enforcement or registration for

modification pursuant to Article 6 of this title, or may be filed as

a separate proceeding.

D. A request to determine which is the controlling order must

be accompanied by a copy of every child support order in effect and

the applicable record of payments. The requesting party shall give

notice of the request to each party whose rights may be affected by

the determination.

E. The tribunal that issued the controlling order under

subsection A, B, or C of this section has continuing jurisdiction to

the extent provided in Section 601-205 or 601-206 of this title.

F. A tribunal of this state that determines by order which is

the controlling order under paragraph 1 or 2 of subsection B or

subsection C of this section, or that issues a new controlling order

under paragraph 3 of subsection B of this section, shall state in

that order:

1. The basis upon which the tribunal made its determination;

2. The amount of prospective support, if any; and

Oklahoma Statutes - Title 43. Marriage and Family Page 182

3. The total amount of consolidated arrears and accrued

interest, if any, under all of the orders after all payments made

are credited as provided by Section 601-209 of this title.

G. Within thirty (30) days after issuance of an order

determining which is the controlling order, the party obtaining the

order shall file a certified copy of it in each tribunal that issued

or registered an earlier order of child support. A party or support

enforcement agency obtaining the order that 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 controlling order.

H. An order that has been determined to be the controlling

order, or a judgment for consolidated arrears of support and

interest, if any, made pursuant to this section must be recognized

in proceedings under this act.
Okla. Stat. tit. 43A, § 43A-5-213 — OK Code / Title 43A / Section 43A-5-213
Law Enforcement Behavioral Health Emergency Dispatch
Status: in_force

Task Force.

A. There is hereby created, to continue until July 1, 2012, the

Law Enforcement Behavioral Health Emergency Dispatch Task Force.

B. The Task Force shall consist of eleven (11) members as

follows:

1. The Commissioner, or designee, of the Department of Mental

Health and Substance Abuse Services;

2. The State Commissioner of Health, or designee, of the State

Department of Health;

3. An individual representing a statewide sheriffs’

organization to be appointed by the Speaker of the Oklahoma House of

Representatives;

4. An individual representing a statewide chiefs of police

organization to be appointed by the President Pro Tempore of the

State Senate;

5. An individual representing a statewide hospital organization

to be appointed by the Speaker of the Oklahoma House of

Representatives;

6. An individual representing a statewide behavioral health

advocacy organization to be appointed by the President Pro Tempore

of the Senate;

Oklahoma Statutes - Title 43A. Mental Health Page 128

7. An individual representing a statewide organization that

serves consumers of mental health services to be appointed by the

Speaker of the Oklahoma House of Representatives;

8. An individual representing a statewide association of county

governments to be appointed by the Speaker of the House of

Representatives;

9. An individual representing a statewide association of city

governments to be appointed by the President Pro Tempore of the

Senate;

10. One member of the Oklahoma House of Representatives as

appointed by the Speaker of the Oklahoma House of Representatives;

and

11. One member of the Senate as appointed by the President Pro

Tempore of the State Senate.

C. 1. The Task Force:

a. shall study and evaluate the development of a law

enforcement behavioral health emergency dispatch

system that will assist and encourage law enforcement

agencies and hospitals and emergency medical service

providers providing services pursuant to Section 1-101

et seq. of Title 43A of the Oklahoma Statutes, to

provide an organized system of transportation for

persons in need of mental health or substance abuse

inpatient treatment,

b. shall study the practicality of adopting current

systems in place such as the Trauma Transfer and

Referral Center system, established pursuant to the

Oklahoma Trauma Systems Improvement and Development

Act or the adoption of a similar system or model to

ensure that persons are directed to the appropriate

hospital based on a regional plan and the current

capability and capacity of hospitals,

c. may divide into subcommittees in furtherance of its

purpose, and

d. may obtain information and assistance as necessary to

complete its duties from any state agency.

2. a. The Task Force shall be staffed by the Department of

Mental Health and Substance Abuse Services.

b. All departments, officers, agencies and employees of

the state shall cooperate with the Task Force in

carrying out its duties and responsibilities

including, but not limited to, providing any

information, records, reports or other assistance as

may be requested by the Task Force.

3. It shall be the duty of the Task Force to formulate

recommendations related to the development and implementation of a

Oklahoma Statutes - Title 43A. Mental Health Page 129

law enforcement behavioral health emergency dispatch system,

including recommendations for any resulting legislation.

D. The members of the Task Force shall determine meeting dates.

Members shall not be compensated for their service but shall be

reimbursed by their appointing authorities for necessary expenses

incurred in the performance of their duties. Members shall receive

no compensation for their service on the Task Force, but shall

receive travel reimbursement as follows:

1. Legislative members shall be reimbursed for their necessary

travel expenses incurred in the performance of their duties in

accordance with the provisions of Section 456 of Title 74 of the

Oklahoma Statutes;

2. Nonlegislative members who are state officers or employees

shall be reimbursed by their respective agencies for their necessary

travel expenses incurred in the performance of their duties in

accordance with the provisions of the State Travel Reimbursement

Act; and

3. Members who are not legislators or officers or employees of

the state shall be reimbursed by their appointing authorities in

accordance with the provisions of the State Travel Reimbursement

Act.
Okla. Stat. tit. 43, § 43-551-309 — OK Code / Title 43 / Section 43-551-309
Service of petition and order
Status: in_force

SERVICE OF PETITION AND ORDER

Except as otherwise provided in Section 33 of this act, the

petition and order shall be served upon the respondent and any

Oklahoma Statutes - Title 43. Marriage and Family Page 159

person who has physical custody of the child in the manner provided

in Section 2004 of Title 12 of the Oklahoma Statutes.
Okla. Stat. tit. 43, § 43-551-106 — OK Code / Title 43 / Section 43-551-106
Effect of child custody determination
Status: in_force

EFFECT OF CHILD CUSTODY DETERMINATION

A child custody determination made by a court of this state that

had jurisdiction under this act binds all persons who have been

served in accordance with the laws of this state or notified in

accordance with Section 8 of this act or who have submitted to the

jurisdiction of the court, and who have been given an opportunity to

be heard. As to those persons the determination is conclusive as to

all decided issues of law and fact except to the extent the

determination is modified.
Okla. Stat. tit. 43A, § 43A-13-101 — OK Code / Title 43A / Section 43A-13-101
Mental health first aid pilot program
Status: in_force

A. Contingent upon funding, the Department of Mental Health and

Substance Abuse Services shall develop and implement a mental health

first aid pilot program. The purpose of the mental health first aid

pilot program shall be to train non-mental-health professionals in

how to support an individual in a mental health crisis situation

until professional help can be obtained.

B. The Department shall adopt a curriculum which, at a minimum,

shall include training for individuals on the symptoms, causes and

evidence-based treatments for common mental health problems,

Oklahoma Statutes - Title 43A. Mental Health Page 248

including, but not limited to, depression, anxiety disorders,

psychosis, and substance abuse disorders. The curriculum shall also

address possible crisis situations arising from these mental health

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

C. The Department shall issue a certificate in mental health

first aid to individuals who complete the course of training. The

Department shall establish criteria for certification.

D. The Department is authorized to enter into a contract to

implement the provisions of this section.

E. On or before December 31, 2009, and annually thereafter, the

Department shall submit a report to the Legislature stating the

number of participants in the program, the number of individuals who

received a certificate in the program, and any recommendations for

improvement of the program.

F. The Board of Mental Health and Substance Abuse Services

shall promulgate rules as necessary to implement the provisions of

this section.
Okla. Stat. tit. 43, § 43-601-704 — OK Code / Title 43 / Section 43-601-704
Duties of Department of Human Services
Status: in_force

A. In a support proceeding under this article, the Oklahoma

Department of Human Services of this state shall:

1. Transmit and receive applications; and

Oklahoma Statutes - Title 43. Marriage and Family Page 204

2. Initiate or facilitate the institution of a proceeding

regarding an application in a tribunal of this state.

B. The following support proceedings are available to an

obligee under the Convention:

1. Recognition or recognition and enforcement of a foreign

support order;

2. Enforcement of a support order issued or recognized in this

state;

3. Establishment of a support order if there is no existing

order, including, if necessary, determination of parentage of a

child;

4. Establishment of a support order if recognition of a foreign

support order is refused under paragraphs 2, 4 or 9 of subsection B

of Section 601-708 of this title;

5. Modification of a support order of a tribunal of this state;

and

6. Modification of a support order of a tribunal of another

state or a foreign country.

C. The following support proceedings are available under the

convention to an obligor against which there is an existing support

order:

1. Recognition of an order suspending or limiting enforcement

of an existing support order of a tribunal of this state;

2. Modification of a support order of a tribunal of this state;

and

3. Modification of a support order of a tribunal of another

state or a foreign country.

D. A tribunal of this state may not require security, bond or

deposit, however described, to guarantee the payment of costs and

expenses in proceedings under the convention.
Okla. Stat. tit. 43A, § 43A-411 — OK Code / Title 43A / Section 43A-411
Renumbered as § 1415.1 of Title 10 by Laws 1983, c. 128,
Status: in_force

§ 7, operative July 1, 1983.
Okla. Stat. tit. 43A, § 43A-5-504 — OK Code / Title 43A / Section 43A-5-504
Jurisdiction – Venue - Powers of court
Status: in_force

A. Upon the filing of a petition alleging that a minor is a

minor in need of treatment and requires inpatient mental health or

substance abuse treatment, or upon the assumption of custody of an

alleged deprived child pursuant to the provisions of Section 1-4-201

of Title 10A of the Oklahoma Statutes, or when a minor is the ward

of the court, the judge of the district court having juvenile docket

responsibility shall have jurisdiction of any minor who is or is

alleged to be a minor in need of treatment and of the parent or

legal custodian of the minor, regardless of where the parent or

legal custodian is found. When jurisdiction has been obtained over

a minor who is or is alleged to be in need of treatment, such

jurisdiction may be retained until the minor is discharged from

treatment ordered by the court. For the convenience of the parties

and in the interest of justice, a proceeding under the Inpatient

Mental Health and Substance Abuse Treatment of Minors Act may be

transferred to the district court in any other county.

Oklahoma Statutes - Title 43A. Mental Health Page 167

1. The venue for legal proceedings pursuant to the Inpatient

Mental Health and Substance Abuse Treatment of Minors Act shall be:

a. the county where the minor resides,

b. when the minor is in the custody of a public or

private child care agency, the county in which the

minor resides at the time legal proceedings are

initiated, or

c. the county of original jurisdiction.

2. The district court in which a petition is filed or the

district court in which custody has been assumed pursuant to the

provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes

may retain jurisdiction of a minor in need of treatment in such

proceeding even if the minor is subject to the jurisdiction of

another district court within the state. Any orders made by the

court in which the petition is filed shall control over prior orders

in regard to the minor.

3. The district court in which a petition is filed which

alleges that a minor is a minor in need of treatment may issue any

temporary order or grant any interlocutory relief authorized by the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act

even if another district court within the state has jurisdiction of

the minor or has jurisdiction to determine the custody or support of

the minor.

4. If the district court in which a petition is filed pursuant

to either paragraph 2 or 3 of this subsection sustains the petition,

the district court shall have the jurisdiction to make a final

determination on the petition or to transfer the proceedings to a

court having prior jurisdiction over the minor. Where the other

proceeding is pending in the same judicial district in which the

petition is filed, the chief judge of the judicial district shall

determine which judge shall try the issues when the judges to whom

the cases have been assigned are unable to agree on the procedure

that should be followed.

B. Unless otherwise specifically provided by the Inpatient

Mental Health and Substance Abuse Treatment of Minors Act and Title

43A of the Oklahoma Statutes, the rules of civil procedure shall

apply to all legal proceedings pursuant to the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act.
Okla. Stat. tit. 43A, § 43A-54.6 — OK Code / Title 43A / Section 43A-54.6
Renumbered as § 5-403 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-423 — OK Code / Title 43 / Section 43-423
Court order for participation in registry program
Status: in_force

The court may order parents to participate in the child

visitation registry program either before or after divorce or

custody proceedings have become final. The court may order parents

to participate in the program on its own motion or upon the motion

of either parent.
Okla. Stat. tit. 43A, § 43A-2-305 — OK Code / Title 43A / Section 43A-2-305
Authorization to purchase
Status: in_force

Facilities within the Department of Mental Health and Substance

Abuse Services are hereby authorized to purchase ambulances,

handicapped-equipped transportation vehicles, buses and fire

fighting equipment, including fire trucks, from funds available for

the operating expenses of the institutions.
Okla. Stat. tit. 43, § 43-126 — OK Code / Title 43 / Section 43-126
Remarriage within six months as ground for annulment
Status: in_force

A marriage wherein one of the parties had not been divorced for

six (6) months shall hereafter in this state be ground for

annullment of marriage by either party.

Oklahoma Statutes - Title 43. Marriage and Family Page 113
Okla. Stat. tit. 43, § 43-11 — OK Code / Title 43 / Section 43-11
Copy of record - Admission as evidence
Status: in_force

Copies of any record required to be made and kept by the judge

of the district court under the provisions of this chapter,

certified to by the judge of said court, under his official

signature and seal, shall be received as evidence in all courts of

this state.
Okla. Stat. tit. 43A, § 43A-14-102 — OK Code / Title 43A / Section 43A-14-102
Purpose — Legislative intent
Status: in_force

A. The purpose of the Oklahoma Elder Exploitation and Abuse Act

is to promote the general welfare of all citizens by establishing a

civil action for incapacitated persons and vulnerable adults which

provides for the protection of their rights and affords them a right

of civil action against those who neglect, exploit, or abuse them.

B. The purpose of the Oklahoma Elder Exploitation and Abuse Act

is to allow incapacitated persons and vulnerable adults, through

their legal representatives, to pursue claims against persons who

neglect, exploit, or abuse the incapacitated person or vulnerable

adult if he or she lacks the capacity to pursue such claims on his

or her own behalf.

C. The Oklahoma Elder Exploitation and Abuse Act does not

preclude an individual's mandatory responsibility to report to Adult

Protective Services or law enforcement if there is reasonable cause

Oklahoma Statutes - Title 43A. Mental Health Page 249

to believe a vulnerable adult is being abused, neglected, or

exploited.

D. It is the intent of the Oklahoma Legislature:

1. That the district court shall exercise the authority

conferred by the Oklahoma Elder Exploitation and Abuse Act to

encourage the development of maximum self-reliance and independence

of incapacitated persons and vulnerable adults and make appointive

and other orders only to the extent necessitated by the mental and

adaptive limitations of other conditions of the incapacitated or

partially incapacitated person warranting the action; and

2. That in performing their duties and exercising their powers,

legal representatives bringing claims under this act for

incapacitated persons and vulnerable adults shall:

a. assure, to the extent reasonably possible, that the

rights of the persons for whom they are appointed are

protected, and

b. encourage, to the extent reasonably possible,

incapacitated persons and vulnerable adults to

participate to the maximum extent of their abilities

in all decisions which affect them concerning the

claims afforded them under this act.
Okla. Stat. tit. 43A, § 43A-5-511 — OK Code / Title 43A / Section 43A-5-511
Hearings - Right to trial by jury
Status: in_force

A. Hearings pursuant to the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act shall be private unless

specifically ordered by the judge to be conducted in public, but

persons having a direct interest in the case shall be admitted.

Stenographic notes or other transcript of the hearings shall be kept

as in other cases, but they shall not be open to inspection except

by order of the court or as otherwise provided by Title 10A of the

Oklahoma Statutes for court records relating to children.

B. The minor may remain silent as a matter of right in hearings

pursuant to the Inpatient Mental Health and Substance Abuse

Treatment of Minors Act and shall be so advised. No statement,

admission or confession made by the minor alleged to be a minor in

need of treatment shall be used against the minor for any purpose

except for proceedings pursuant to the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act.

C. A decision determining a minor to be a minor in need of

treatment shall be made by the judge; provided, however, the judge

on his or her own motion may call a jury to try any such case. Such

decision must be based on sworn testimony and the minor must have

the opportunity for cross-examination unless the facts are

stipulated. Where the facts are stipulated, the judge must

ascertain from the minor if the minor agrees with the stipulation

and understands the consequences of stipulating the facts.

D. The court may receive as evidence and act upon the

evaluation or report of the licensed mental health professional who

evaluated the minor.

E. If authorized by the court, any proceeding held pursuant to

the Inpatient Mental Health and Substance Abuse Treatment of Minors

Act may be conducted via teleconference communication; provided,

that when a parent or child appears for a proceeding via

teleconference, the attorney representing that parent or child shall

personally appear at the hearing. For purposes of this paragraph,

"teleconference communication" means participation in the hearing by

interactive telecommunication, including telephonic communication,

by the absent party, those parties present in court, the attorneys,

and others deemed to be necessary participants to the proceeding

including, but not limited to, foster parents and facility staff

where a child may be receiving care or treatment.

Oklahoma Statutes - Title 43A. Mental Health Page 176
Okla. Stat. tit. 43A, § 43A-10-115 — OK Code / Title 43A / Section 43A-10-115
Multidisciplinary elderly and vulnerable adult abuse
Status: in_force

team to investigate and prosecute crimes.

A. In coordination with the District Attorneys Council, each

district attorney may develop a multidisciplinary team for the

investigation and prosecution of crimes committed against the

elderly or vulnerable adults in each county of the district attorney

or in a contiguous group of counties. The lead agency for the team

shall be chosen by the members of the team. The team shall

intervene in reports involving sexual abuse, abuse, neglect, or

Oklahoma Statutes - Title 43A. Mental Health Page 233

exploitation of an elderly person or vulnerable adult as defined in

Section 10-103 of this title.

B. The multidisciplinary elderly and vulnerable adult abuse

team members shall include, but not be limited to:

1. Mental health professionals licensed pursuant to the laws of

this state or licensed professional counselors;

2. Police officers or other law enforcement agents whose duties

include, or who have experience or training in, elderly and

vulnerable adult abuse and neglect investigation;

3. Medical personnel with experience in elderly and vulnerable

adult abuse and neglect identification;

4. Adult Protective Services and long-term care workers within

the Department of Human Services;

5. Office of Client Advocacy workers within the State

Department of Health;

6. Multidisciplinary elderly and vulnerable adult abuse team

coordinators; and

7. The district attorney or assistant district attorney.

C. 1. Subject to the availability of funds and resources, the

functions of the team shall include, but not be limited to:

a. whenever feasible, joint investigations by law

enforcement and Adult Protective Services, Office of

Client Advocacy, or long-term care staff to

effectively respond to reports of abuse against

elderly or vulnerable adult victims,

b. the development of a written protocol for

investigation of sexual abuse, abuse, neglect, or

exploitation cases of elderly or vulnerable adults and

for the interview of victims to ensure coordination

and cooperation between all agencies involved. Such

protocol shall include confidentiality statements and

interagency agreements signed by member agencies that

specify the cooperative effort of the member agencies

to the team,

c. communication and collaboration among the

professionals responsible for the reporting,

investigation, prosecution, and treatment of elderly

and vulnerable adult abuse and neglect cases,

d. elimination of duplicative efforts in the

investigation and the prosecution of abuse and neglect

cases committed against elderly or vulnerable adult

victims,

e. identification of gaps in service or untapped

resources within the community to improve the delivery

of services to the victim and family,

f. development of expertise through training. Each team

member and those conducting investigations and

Oklahoma Statutes - Title 43A. Mental Health Page 234

interviews of elderly or vulnerable adult abuse

victims shall be trained in the multidisciplinary team

approach, conduction of legally sound developmentally

and age-appropriate interviews, effective

investigation techniques and joint investigations as

provided through the State Department of Health, the

District Attorneys Council, the Department of Human

Services, or other resources. At least one team

member or those conducting investigations and

interviews of elder or vulnerable adult abuse victims

shall complete dementia-specific training on

Alzheimer's disease and related dementia that includes

one or more of the following:

(1) communication skills,

(2) problem-solving with challenging behaviors, or

(3) explanation of Alzheimer's disease and other

dementia,

g. formalization of a case review process and provision

of data as requested, and

h. standardization of investigative procedures for the

handling of elderly and vulnerable adult abuse and

neglect cases.

2. Any investigation or interview related to sexual abuse,

abuse, or neglect of elderly or vulnerable adults shall be conducted

by appropriate personnel using the protocols and procedures

specified in this section.

3. If trained personnel are not available in a timely manner

and if a law enforcement officer or the Department of Human Services

determines that there is reasonable cause to believe a delay in

investigation or interview of a victim could place the victim's

health or welfare in danger of harm or threatened harm, the

investigation may proceed without full participation of all

personnel, but only for as long as the danger to the victim exists.

The Department of Human Services shall make a reasonable effort to

find and provide a trained investigator or interviewer.

D. A multidisciplinary elderly or vulnerable adult abuse team

shall have full access to any service or treatment plan and any

personal data known to the Department of Human Services that is

directly related to the implementation of the requirements of this

section.

E. Each member of the team shall protect the confidentiality of

the elderly or vulnerable adult and any information made available

to the team member. The multidisciplinary team and any information

received by the team shall be exempt from the Oklahoma Open Meeting

Act and the Oklahoma Open Records Act.

Oklahoma Statutes - Title 43A. Mental Health Page 235
Okla. Stat. tit. 43A, § 43A-5-307 — OK Code / Title 43A / Section 43A-5-307
Questioning of applicant by judge of the district court
Status: in_force

- Order.

When the applicant appears in person before the judge of the

district court and presents the application and the certificate of

the examining doctor of medicine or osteopathic physician, the judge

of the district court shall fully question the applicant. If the

judge of the district court is satisfied that the applicant fully

understands the nature of the application and the consequences which

the law will impose in the event applicant is admitted to the

hospital as a consumer and that the application is voluntarily made,

the judge of the district court shall forthwith make an order

authorizing the executive director of the appropriate State Hospital

for the mentally ill to admit the applicant as a consumer.
Okla. Stat. tit. 43A, § 43A-98 — OK Code / Title 43A / Section 43A-98
Renumbered as § 2-108 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-421 — OK Code / Title 43 / Section 43-421
Authorization of public or private agencies to provide
Status: in_force

registry - Maximum fee.

Oklahoma Statutes - Title 43. Marriage and Family Page 140

The associate district judge in each county within this state

may authorize one or more public or private agencies to provide a

child visitation registry program. Eligible governmental agencies

shall include, but not be limited to, county sheriffs' offices,

State Department of Health child guidance centers, social service

agencies, and police departments. A participating agency may charge

a fee not to exceed Two Dollars ($2.00) per parent, per visit.
Okla. Stat. tit. 43A, § 43A-51 — OK Code / Title 43A / Section 43A-51
Renumbered as § 5-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 256
Okla. Stat. tit. 43A, § 43A-186 — OK Code / Title 43A / Section 43A-186
Renumbered as § 8-106 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-428 — OK Code / Title 43A / Section 43A-3-428
Intoxicated person in public place - Assistance -
Status: in_force

Protective custody - Detention.

A. An intoxicated person in a public place who appears to be in

need of help, if the person consents to the offered help, may be

assisted to:

1. His or her home;

2. An alternative facility pursuant to the provisions of this

section; or

3. An approved treatment or evaluation facility by a peace

officer or an emergency service patrol.

B. 1. A person who appears to be intoxicated, and as a result

of such intoxication is unconscious in a public place or reasonably

appears to be in danger of harming himself or herself or others, may

be taken into protective custody by a peace officer or an emergency

Oklahoma Statutes - Title 43A. Mental Health Page 92

service patrol and immediately brought to an approved treatment

facility for medical or nonmedical detoxification.

2. The peace officer or the emergency service patrol, in

detaining the person and taking the person to an approved treatment

facility, is taking the person into protective custody and shall

make every reasonable effort to protect the person’s health and

safety.

3. In taking the person into protective custody, the detaining

officer may take reasonable steps for self-protection. No record

shall be made which indicates that the person has been arrested or

charged with a crime.

C. 1. If the Department of Mental Health and Substance Abuse

Services, or the governing body of any municipality, has approved a

program alternative to statutory or municipal requirements of

prosecution and imprisonment of such person, until the capacity to

accommodate intoxicated persons has been exceeded in the facility

wherein such alternative program is located, the arresting officer

and other public officials involved in an arrest pursuant to this

section shall utilize such alternative treatment program upon the

voluntary approval of the intoxicated person and the receiving

facility rather than proceed under the statutory or municipal laws

pertaining to prosecution and imprisonment of intoxicated persons.

2. A facility in which the program is located may make

application to the Department of Mental Health and Substance Abuse

Services for approval, but no such program or facility wherein such

program is located shall claim or advertise to be a certified

treatment facility unless duly certified as such by the Department

of Mental Health and Substance Abuse Services.

3. All facilities acquiring the approval of an alternative

program shall establish their own capacity for the number of persons

to be accommodated in the program.

4. It shall be the duty of the State Department of Health to

investigate all complaints concerning general sanitation made in the

form of a sworn affidavit against such municipally approved

alternative facilities.

5. In the event the complaints are found to be true, the State

Commissioner of Health shall have the power to order improvements or

closure.

D. A person who is brought to an alternative facility or an

approved treatment facility may be admitted as a consumer by the

administrator in charge of the facility or referred to another

treatment facility.

E. 1. A person may not be detained at the approved treatment

facility when the person either is no longer unconscious, or no

longer appears likely to be of harm to self or others.

2. If the person remains unconscious or likely to harm himself

or herself or others, the person may be detained for no more than

Oklahoma Statutes - Title 43A. Mental Health Page 93

twelve (12) hours, excluding weekends and legal holidays, after

admission unless a petition for an order directing the commitment of

the person to an approved treatment facility has been filed

according to the Mental Health Law provisions and procedures for

commitment. The person may consent to remain in the facility as

long as the administrator or physician in charge believes

appropriate.

F. If a person is admitted to an approved treatment facility

under this section, the person may notify relatives of the admission

or another person may, with the consent of the admittee, notify

relatives of the admission.

G. 1. A person in possession of a controlled dangerous

substance, as defined in Section 2-101 of Title 63 of the Oklahoma

Statutes, or in possession of drug paraphernalia, as defined in

Section 2-405 of Title 63 of the Oklahoma Statutes, who appears to

be in need of help, and if the person consents to the offered help,

in lieu of arrest, may be taken to:

a. an approved drug treatment center,

b. an approved center for substance abuse evaluation, or

c. some other facility, as defined in paragraph 1 of

subsection C of this section, by a law enforcement

officer.

2. Any creation of a program as provided in this subsection

shall be subject to the authority of the appropriate county,

municipal or tribal governing body and any of its subsidiaries. The

Department of Mental Health and Substance Abuse Services has the

authority to approve or disapprove individual treatment centers as

described in this subsection.

3. The creation of any program as provided in this subsection

must be created with the advice and consent of the county’s district

attorney and must be approved annually by the county’s district

attorney.
Okla. Stat. tit. 43, § 43-551-308 — OK Code / Title 43 / Section 43-551-308
Expedited enforcement of child custody determination
Status: in_force

EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION

A. A petition under this article must be verified. Certified

copies of all orders sought to be enforced and of any order

confirming registration must be attached to the petition. A copy of

a certified copy of an order may be attached instead of the

original.

B. A petition for enforcement of a child custody determination

must state:

1. Whether the court that issued the determination identified

the jurisdictional basis it relied upon in exercising jurisdiction

and, if so, what the basis was;

2. Whether the determination for which enforcement is sought

has been vacated, stayed, or modified by a court whose decision must

be enforced under this act and, if so, identify the court, the case

number, and the nature of the proceeding;

3. Whether any proceeding has been commenced that could affect

the current proceeding, including proceedings relating to domestic

violence, protective orders, termination of parental rights, and

adoptions and, if so, identify the court, the case number, and the

nature of the proceeding;

Oklahoma Statutes - Title 43. Marriage and Family Page 158

4. The present physical address of the child and the

respondent, if known;

5. Whether relief in addition to the immediate physical custody

of the child and attorney's fees is sought, including a request for

assistance from law enforcement officials and, if so, the relief

sought; and

6. If the child custody determination has been registered and

confirmed under Section 27 of this act, the date and place of

registration.

C. Upon the filing of a petition, the court shall issue an

order directing the respondent to appear in person with or without

the child at a hearing and may enter any order necessary to ensure

the safety of the parties and the child. The hearing must be held

on the judicial day after service of the order unless that date is

impossible. In that event, the court shall hold the hearing on the

first judicial day possible. The court may extend the date of

hearing at the request of the petitioner.

D. An order issued under subsection C of this section must

state the time and place of the hearing and advise the respondent

that at the hearing the court will order that the petitioner may

take immediate physical custody of the child and the payment of

fees, costs, and expenses under Section 34 of this act, and may

schedule a hearing to determine whether further relief is

appropriate, unless the respondent appears and establishes that:

1. The child custody determination has not been registered and

confirmed under Section 27 of this act and that:

a. the issuing court did not have jurisdiction under

Article 2 of this act,

b. the child custody determination for which enforcement

is sought has been vacated, stayed, or modified by a

court having jurisdiction to do so under Article 2 of

this act, or

c. the respondent 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 enforcement is sought;

or

2. The child custody determination for which enforcement is

sought was registered and confirmed under Section 27 of this act,

but has been vacated, stayed, or modified by a court of a state

having jurisdiction to do so under Article 2 of this act.
Okla. Stat. tit. 43A, § 43A-31.4 — OK Code / Title 43A / Section 43A-31.4
Renumbered as § 3-105 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-2-312.2 — OK Code / Title 43A / Section 43A-2-312.2
Savings and averted costs from implementation of the
Status: in_force

Oklahoma Smart Justice Reform Act.

No later than July 31 of each year, the Legislative Office of

Fiscal Transparency shall calculate the annual savings and averted

costs from the prior fiscal year that accrued to the state due to

the reduction of the number and length of incarcerations attributed

to the implementation of the Oklahoma Smart Justice Reform Act. In

making the calculation required by this section, the Legislative

Office of Fiscal Transparency shall use actual data or best

available estimates where actual data is not available. The

calculation shall be final and shall not be adjusted for any

subsequent changes in the underlying data.

Added by State Question No. 781, Initiative Petition No. 405, § 3,

adopted at General Election held on Nov. 8, 2016, eff. July 1, 2017.
Okla. Stat. tit. 43A, § 43A-54.8 — OK Code / Title 43A / Section 43A-54.8
Renumbered as § 5-204 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-602 — OK Code / Title 43A / Section 43A-3-602
Course of treatment in opioid substitution treatment
Status: in_force

program – Maximum daily dose.

A. A course of treatment in an opioid substitution treatment

program may include, but shall not be limited to, short-term

detoxification, interim maintenance treatment or comprehensive

maintenance treatment depending on the availability of such services

and the needs of the individual.

B. The Department of Mental Health and Substance Abuse Services

shall approve any drug and the formulation or formulations to be

used in an opioid substitution treatment program and the Board shall

promulgate rules establishing guidelines for the maximum daily dose,

not to exceed limits set by the Code of Federal Regulations.

Pregnancy tests for women shall be conducted upon admission to an

opioid substitution treatment program and at least annually

thereafter, unless otherwise indicated.
Okla. Stat. tit. 43A, § 43A-11-112 — OK Code / Title 43A / Section 43A-11-112
Immunity from civil or criminal liability
Status: in_force

A. In the absence of knowledge of the revocation of an advance

directive for mental health treatment, a person is not subject to

civil or criminal liability or discipline for unprofessional conduct

for carrying out the advance directive for mental health treatment

pursuant to the requirements of the Advance Directives for Mental

Health Treatment Act.

B. A physician or psychologist whose actions under the Advance

Directives for Mental Health Treatment Act are in accord with

reasonable medical standards or standards of mental health

treatment, is not subject to criminal or civil liability or

discipline for unprofessional conduct with respect to those actions.

C. An individual designated as an attorney-in-fact pursuant to

the provisions of this act, to make mental health treatment

decisions for a declarant and whose decisions regarding the

declarant are made in good faith pursuant to the Advance Directives

for Mental Health Treatment Act, is not subject to criminal or civil

Oklahoma Statutes - Title 43A. Mental Health Page 246

liability, or discipline for unprofessional conduct with respect to

those decisions.
Okla. Stat. tit. 43A, § 43A-620.2 — OK Code / Title 43A / Section 43A-620.2
Renumbered as § 3-312 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-311 — OK Code / Title 43 / Section 43-551-311
Warrant to take physical custody of child
Status: in_force

WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD

A. Upon the filing of a petition seeking enforcement of a child

custody determination, the petitioner may file a verified

application for the issuance of a warrant to take physical custody

Oklahoma Statutes - Title 43. Marriage and Family Page 160

of the child if the child is imminently likely to suffer serious

physical harm or be removed from this state.

B. If the court, upon the testimony of the petitioner or other

witness, finds that the child is imminently likely to suffer serious

physical harm or be removed from this state it may issue a warrant

to take physical custody of the child. The petition must be heard

on the next judicial day after the warrant is executed unless that

date is impossible. In that event, the court shall hold the hearing

on the first judicial day possible. The application for the warrant

must include the statements required by subsection B of Section 30

of this act.

C. A warrant to take physical custody of a child must:

1. Recite the facts upon which a conclusion of imminent serious

physical harm or removal from the jurisdiction is based;

2. Direct law enforcement officers to take physical custody of

the child immediately; and

3. Provide for the placement of the child pending final relief.

D. The respondent must be served with the petition, warrant,

and order immediately after the child is taken into physical

custody.

E. A warrant to take physical custody of a child is enforceable

throughout this state. If the court finds on the basis of the

testimony of the petitioner or other witness that a less intrusive

remedy is not effective, it may authorize law enforcement officers

to enter private property to take physical custody of the child. If

required by exigent circumstances of the case, the court may

authorize law enforcement officers to make a forcible entry at any

hour.

F. The court may impose conditions upon placement of a child to

ensure the appearance of the child and the child's custodian.
Okla. Stat. tit. 43, § 43-150.4 — OK Code / Title 43 / Section 43-150.4
Deployment orders - Copy to nondeploying parent
Status: in_force

A. A deploying parent shall provide a copy of the deployment

orders to the other parent within ten (10) days of receipt. When

the deployment date is less than ten (10) days after receipt of the

orders, a copy shall immediately be provided to the other parent.

B. If a valid court order requires that the address or contact

information of the nondeploying parent be kept confidential, the

notification shall be made to the court only. The court shall

notify the nondeploying parent, or counsel for the nondeploying

parent, if the deploying parent is prohibited from directly

contacting the nondeploying parent.
Okla. Stat. tit. 43A, § 43A-73 — OK Code / Title 43A / Section 43A-73
Renumbered as § 7-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-571-106 — OK Code / Title 43 / Section 43-571-106
Petition - Requirements
Status: in_force

A petition under this act shall be verified and include a copy

of any existing child custody determination, if available. The

petition shall specify the risk factors for abduction, including the

relevant factors described in Section 7 of this act. Subject to

subsection E of Section 551-209 of Title 43 of the Oklahoma

Statutes, if reasonably ascertainable, the petition shall contain:

1. The name, date of birth, and gender of the child;

2. The customary address and current physical location of the

child;

3. The identity, customary address, and current physical

location of the respondent;

4. A statement of whether a prior action to prevent abduction

or domestic violence has been filed by a party or other individual

or entity having custody of the child, and the date, location, and

disposition of the action;

5. A statement of whether a party to the proceeding has been

arrested for a crime related to domestic violence, stalking, or

child abuse or neglect, and the date, location, and disposition of

the case; and

6. Any other information required to be submitted to the court

for a child custody determination pursuant to Section 551-209 of

Title 43 of the Oklahoma Statutes.
Okla. Stat. tit. 43A, § 43A-62 — OK Code / Title 43A / Section 43A-62
Renumbered as § 4-109 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-4 — OK Code / Title 43 / Section 43-4
License required
Status: in_force

No person shall enter into or contract the marriage relation,

nor shall any person perform or solemnize the ceremony of any

marriage in this state without a license being first issued by the

Oklahoma Statutes - Title 43. Marriage and Family Page 10

judge or clerk of the district court, of some county in this state,

authorizing the marriage between the persons named in such license.
Okla. Stat. tit. 43A, § 43A-5-406 — OK Code / Title 43A / Section 43A-5-406
Renumbered as § 5-419 of this title by Laws 1997, c
Status: in_force

387, § 12, eff. Nov. 1, 1997.

Oklahoma Statutes - Title 43A. Mental Health Page 141
Okla. Stat. tit. 43A, § 43A-183 — OK Code / Title 43A / Section 43A-183
Renumbered as § 8-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 261
Okla. Stat. tit. 43A, § 43A-133 — OK Code / Title 43A / Section 43A-133
Renumbered as § 7-108 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 260
Okla. Stat. tit. 43, § 43-10 — OK Code / Title 43 / Section 43-10
Evidence before issue of license
Status: in_force

If the judge or clerk of the district court before whom

application for a marriage license is made shall be in doubt of the

legal capacity of the parties for whose marriage a license is

sought, to enter into the marriage relation, such judge or clerk

shall require additional evidence to that contained in the

application, and may swear and examine witnesses or require

affidavits in proof of the legality of such marriage, and unless

satisfied of the legality thereof, he shall not issue a license

therefor.
Okla. Stat. tit. 43, § 43-139 — OK Code / Title 43 / Section 43-139
Legal right to child support
Status: in_force

The Legislature finds and declares that child support is a basic

legal right of the state's parents and children, that mothers and

fathers have a legal obligation to provide financial support for

their children and that child support payments can have a

Oklahoma Statutes - Title 43. Marriage and Family Page 121

substantial impact on child poverty and state welfare expenditures.

It is therefore the Legislature's intent to encourage payment of

child support to decrease overall costs to the state's taxpayers

while increasing the amount of financial support collected for the

state's children by authorizing the district courts of this state

and the Department of Human Services to order the revocation,

suspension, nonissuance or nonrenewal of any recreational license or

permit, or permit including, but not limited to, a hunting and

fishing license or other authorization issued pursuant to the

Oklahoma Wildlife Conservation Code, Section 1-101 et seq. of Title

29 of the Oklahoma Statutes, and certificates of title for vessels

and motors and other licenses of registration issued pursuant to the

Oklahoma Vessel and Motor Registration Act, Section 4001 et seq. of

Title 63 of the Oklahoma Statutes, or to order probation for a

parent who is in noncompliance with an order for support for at

least ninety (90) days or failing, after receiving appropriate

notice to comply with subpoenas or warrants relating to paternity or

child support proceedings.
Okla. Stat. tit. 43A, § 43A-6-103 — OK Code / Title 43A / Section 43A-6-103
Residents of state in institutions of other states -
Status: in_force

Admission to Oklahoma institution.

Any resident of this state who has been admitted to an

institution for mentally ill in another state, the District of

Columbia, or a territory, in accordance with the laws of that place,

may be admitted to an institution in Oklahoma within the Department

of Mental Health and Substance Abuse Services without further

proceedings in this state.
Okla. Stat. tit. 43, § 43-601-503 — OK Code / Title 43 / Section 43-601-503
Two or more income-withholding orders
Status: in_force

If an obligor's employer receives two or more income-withholding

orders with respect to the earnings of the same obligor, the

employer satisfies the terms of the orders if the employer complies

with the law of the state of the obligor's principal place of

employment to establish the priorities for withholding and

allocating income withheld for two or more child support obligees.
Okla. Stat. tit. 43A, § 43A-3-453.2 — OK Code / Title 43A / Section 43A-3-453.2
Course facilitator certification - Requirements -
Status: in_force

Time limit.

A. Each facilitator for an alcohol and drug substance abuse

course shall be certified by the Department of Mental Health and

Substance Abuse Services and shall:

1. Possess a bachelor’s degree in behavioral or health care

sciences education, psychology, social work or chemical dependency;

Oklahoma Statutes - Title 43A. Mental Health Page 98

2. Possess at least two (2) years of verifiable full-time-

equivalent experience in the addiction treatment field;

3. Provide documentation verifying observation of one complete

alcohol and drug substance abuse course conducted by a certified

facilitator, which shall be completed and verified to the Department

prior to attending facilitator training;

4. Provide proof of attendance at a facilitator training

session and pass the Department certification examination for the

ten-hour alcohol and drug substance abuse course facilitator; and

5. Provide verification of having conducted a complete alcohol

and drug substance abuse course under the supervision of a certified

alcohol and drug substance abuse course facilitator or a Department

representative.

B. A facilitator for a twenty-four-hour alcohol and drug

substance abuse course shall meet all the requirements contained in

paragraphs 1 through 3 of subsection A of this section and shall:

1. Attend the twenty-four-hour alcohol and drug substance abuse

course facilitator training session and pass the Department

certification examination for the twenty-four-hour alcohol and drug

substance abuse course facilitator; and

2. Conduct a complete twenty-four-hour alcohol and drug

substance abuse course under the supervision of a certified alcohol

and drug substance abuse course facilitator or a Department

representative.

C. Alcohol and drug substance abuse course facilitator

candidates shall be allowed one year to complete all training

requirements. Failure to meet all requirements within one year

shall result in denial of certification. To be reconsidered, the

candidate shall be required to reapply to the Department.
Okla. Stat. tit. 43, § 43-109.2 — OK Code / Title 43 / Section 43-109.2
Paternity determination
Status: in_force

A. Except as otherwise provided by Section 7700-607 of Title 10

of the Oklahoma Statutes, in any action concerning the custody of a

minor unmarried child or the determination of child support, the

court may determine if the parties to the action are the parents of

the children. In a paternity action, prior to genetic testing to

establish paternity pursuant to the Uniform Parentage Act, the court

may award custody to the presumed father if it would be in the best

interests of the child. As used in this subsection, "presumed

father" means a man who, by operation of law under Section 7700-204

of Title 10 of the Oklahoma Statutes, is recognized as the father of

a child until that status is rebutted or confirmed in a judicial

proceeding.

B. If the parties to the action are the parents of the

children, the court may determine which party should have custody of

said children, may award child support to the parent to whom it

awards custody, and may make an appropriate order for payment of

costs and attorney fees.
Okla. Stat. tit. 43, § 43-422 — OK Code / Title 43 / Section 43-422
Participant logs
Status: in_force

A. The child visitation registry program shall include a log

for each case participating in the program which must be signed by

each parent at the time of arrival and departure. The agency must

have an employee assigned to verify identification of each parent or

guardian, initial each signature, and record the time of each

person's arrival and departure.

B. Copies of a participant's log shall be available for

purchase by the participant at the agency's reproduction cost.

Copies of the records may be certified by stamp. Each agency shall

maintain participants' records for a minimum of three (3) years.

C. Entries in child visitation registry records shall be

rebuttable presumptive proof of compliance or noncompliance with

court-ordered visitation.
Okla. Stat. tit. 43A, § 43A-185 — OK Code / Title 43A / Section 43A-185
Renumbered as § 8-105 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-184 — OK Code / Title 43A / Section 43A-184
Renumbered as § 8-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-306 — OK Code / Title 43A / Section 43A-5-306
Certificate of physician
Status: in_force

The application described in Section 5-305 of this title shall

be accompanied by a certificate in duplicate signed by a licensed

doctor of medicine or osteopathic physician who is duly licensed to

practice his such profession by the Oklahoma State Board of Medical

Licensure and Supervision or the Oklahoma Board of Osteopathic

Examiners, who is not related by blood or marriage to the person

being examined, and who has no interest in the estate of the person

being examined. This certificate shall include the following:

1. A statement that a physician licensed in this state has

personally examined the person;

2. A statement that such physician is not related by blood or

marriage to the person being examined and has no interest in the

estate of the person being examined;

3. A determination that the person has a mental illness that

requires inpatient admission;

4. A statement that the person may not be held at the facility

for longer than one hundred twenty (120) hours or five (5) days,

Oklahoma Statutes - Title 43A. Mental Health Page 132

excluding weekends and holidays, past the time when such person has

revoked consent to stay for treatment;

5. Information on the benefits and side effects of the

treatment the person will receive in an inpatient setting;

6. Certification that the person has made a knowing and willing

consent to voluntary inpatient treatment; and

7. The physician’s signature made under penalty of perjury.
Okla. Stat. tit. 43A, § 43A-31.2 — OK Code / Title 43A / Section 43A-31.2
Renumbered as § 3-103 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-557 — OK Code / Title 43A / Section 43A-557
Renumbered as § 5-310 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-559 — OK Code / Title 43A / Section 43A-559
Renumbered as § 5-311 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-105 — OK Code / Title 43 / Section 43-551-105
International application of act
Status: in_force

INTERNATIONAL APPLICATION OF ACT

A. A court of this state shall treat a foreign country as if it

were a state of the United States for purposes of applying Articles

1 and 2 of this act.

B. Except as otherwise provided in subsection C of this

section, a child custody determination made in a foreign country

under factual circumstances in substantial conformity with the

jurisdictional standards of this act must be recognized and enforced

under Article 3 of this act.

Oklahoma Statutes - Title 43. Marriage and Family Page 145

C. A court of this state need not apply this act if the child

custody law of a foreign country violates fundamental principles of

human rights.
Okla. Stat. tit. 43A, § 43A-2-202.1 — OK Code / Title 43A / Section 43A-2-202.1
Commissioner - Powers and duties
Status: in_force

A. The Commissioner of Mental Health and Substance Abuse

Services shall have charge of the administration of the Department

of Mental Health and Substance Abuse Services as directed by the

Board of Mental Health and Substance Abuse Services and shall be

charged with the duty of carrying out the provisions of the Mental

Health Law. The duties of the Commissioner shall include, but not

be limited to, the following:

1. Supervising the activities of the Department;

2. Prescribing rules and regulations, as approved by the Board

of Mental Health and Substance Abuse Services, for the efficient,

uniform, and professional operation of the Department, consistent

with the mission of the Department, including the official forms

used or described in this title;

3. Prescribing policies and procedures for the operation of the

Department;

4. Employing necessary personnel to perform the duties of the

Department, prescribing titles and duties, and fixing compensation,

including the employment of attorneys to provide legal assistance to

the Department;

5. Accepting, using, disbursing, and administering grants,

allotments, gifts, devises, bequests, appropriations, and other

monies and property offered or given to the Department, or any

component or agency thereof, by an agency of the federal government

or any corporation or individual for the use of the Department;

6. Making contracts and agreements with other departments of

this state to carry out the provisions of this section;

7. Acting as the official agency of this state in all matters

relating to mental health or substance abuse which require or

authorize cooperation of this state with the federal government or

any agency thereof; coordinating the activities of the Department

with those of the federal government or any department or agency

thereof, and with other states, on matters pertaining to mental

health and substance abuse, and entering into agreements for such

purpose;

8. Aiding, assisting, and cooperating with other state

agencies, government entities, institutions of higher learning,

public schools, and others interested in public education regarding

the issues of mental health and substance abuse in the establishment

of sound mental health and substance abuse programs in this state;

and

Oklahoma Statutes - Title 43A. Mental Health Page 43

9. Designating the type of consumer that will be cared for at

each facility and designating hospital or community mental health

center districts for the purpose of determining to which facilities

within the Department or community mental health centers persons

committed from each county shall initially be sent. These

designations may be changed from time to time.

B. The Commissioner or designee may delay inpatient admissions

when such admissions would cause facilities to exceed their

authorized capacity.

C. Consumers may be transferred from one facility to another

within the Department on the authority of the Commissioner as

provided for in the Mental Health Law.

D. The Commissioner shall have any other power necessary to

implement the provisions of the Mental Health Law.
Okla. Stat. tit. 43A, § 43A-3-311 — OK Code / Title 43A / Section 43A-3-311
Authorization and expenditures of funds
Status: in_force

The funds appropriated to the Department of Mental Health and

Substance Abuse Services for the support of private nonprofit

organizations and state-operated centers shall be administered

pursuant to the provisions of the Unified Community Mental Health

Services Act. Funds for the support of private nonprofit

organizations shall be authorized by the Department of Mental Health

and Substance Abuse Services only on the basis of performance

contracts or fee-for-service contracts. Said funds may be reduced

or withheld by the Commissioner in amounts necessary to require

compliance with the provisions of the Unified Community Mental

Health Services Act. Expenditures of said funds by public and

private nonprofit organizations shall be subject to audit by the

Department of Mental Health and Substance Abuse Services, which

shall utilize audit procedures sufficient to ascertain the proper

use of state monies by each recipient.
Okla. Stat. tit. 43, § 43-601-204 — OK Code / Title 43 / Section 43-601-204
Simultaneous proceedings in another state or foreign
Status: in_force

country

Oklahoma Statutes - Title 43. Marriage and Family Page 179

A. A tribunal of this state may exercise jurisdiction to

establish a support order if the petition or comparable pleading is

filed after a pleading is filed in another state or a foreign

country only if:

1. The petition or comparable pleading in this state is filed

before the expiration of the time allowed in the other state or the

foreign country for filing a responsive pleading challenging the

exercise of jurisdiction by the other state or the foreign country;

2. The contesting party timely challenges the exercise of

jurisdiction in the other state or the foreign country; and

3. If relevant, this state is the home state of the child.

B. A tribunal of this state may not exercise jurisdiction to

establish a support order if the petition or comparable pleading is

filed before a petition or comparable pleading is filed in another

state or foreign country if:

1. The petition or comparable pleading in the other state or a

foreign country is filed before the expiration of the time allowed

in this state for filing a responsive pleading challenging the

exercise of jurisdiction by this state;

2. The contesting party timely challenges the exercise of

jurisdiction in this state; and

3. If relevant, the other state or a foreign country is the

home state of the child.
Okla. Stat. tit. 43, § 43-551-307 — OK Code / Title 43 / Section 43-551-307
Simultaneous proceedings
Status: in_force

SIMULTANEOUS PROCEEDINGS

If a proceeding for enforcement under this article is commenced

in a court of this state and the court determines that a proceeding

to modify the determination is pending in a court of another state

having jurisdiction to modify the determination under Article 2 of

this act, the enforcing court shall immediately communicate with the

modifying court. The proceeding for enforcement continues unless

the enforcing court, after consultation with the modifying court,

stays or dismisses the proceeding.
Okla. Stat. tit. 43A, § 43A-31.3 — OK Code / Title 43A / Section 43A-31.3
Renumbered as § 3-104 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-418 — OK Code / Title 43A / Section 43A-5-418
Precommitment screening examination - Copy of order to
Status: in_force

be provided examinee - Explanation of examination.

Oklahoma Statutes - Title 43A. Mental Health Page 156

In addition to the notice requirements contained in the Mental

Health Law, each person ordered to undergo a precommitment screening

examination shall receive:

1. A copy of the order requiring the person to undergo the

examination; and

2. A written statement explaining what the examination will

cover.

If the individual is unable to read or understand the written

materials, every effort will be made to explain them in a language

such person understands, and a copy of the examination findings

shall be provided to the court, to the person's attorney of record,

if known, and the person's treatment advocate as defined pursuant to

Section 1-109.1 of this title, if any, upon completion.
Okla. Stat. tit. 43, § 43-209.1 — OK Code / Title 43 / Section 43-209.1
Joint and several liability of husband and wife
Status: in_force

Husband and wife shall be jointly and severally liable for debts

incurred on account of necessaries furnished to either spouse unless

otherwise provided by law or court order.
Okla. Stat. tit. 43A, § 43A-31.7 — OK Code / Title 43A / Section 43A-31.7
Renumbered as § 3-106 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-50 — OK Code / Title 43A / Section 43A-50
Renumbered as § 1-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-301.1 — OK Code / Title 43A / Section 43A-5-301.1
Person defined
Status: in_force

As used in the Mental Hospital Voluntary Admission Procedures

Act, "person" shall include:

1. An individual eighteen (18) years of age or older; or

2. A court-appointed Guardian Ad Litem or an individual given

the power of attorney to make medical decisions for the individual.
Okla. Stat. tit. 43A, § 43A-31.1 — OK Code / Title 43A / Section 43A-31.1
Renumbered as § 3-102 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-677 — OK Code / Title 43A / Section 43A-677
Renumbered as § 9-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-108 — OK Code / Title 43A / Section 43A-3-108
Alcohol and drug treatment and rehabilitation of
Status: in_force

adolescents.

The Commissioner of Mental Health and Substance Abuse Services

is hereby authorized and directed to establish an appropriate room

or ward for alcohol and other drug treatment services for

adolescents, with special emphasis on the rehabilitation of a

consumer during treatment, and to provide an adequate program for

reestablishment into society upon release.
Okla. Stat. tit. 43, § 43-601-306 — OK Code / Title 43 / Section 43-601-306
Inappropriate tribunal
Status: in_force

If a petition or comparable pleading is received by an

inappropriate tribunal of this state, the tribunal shall forward the

Oklahoma Statutes - Title 43. Marriage and Family Page 186

pleading and accompanying documents to an appropriate tribunal in

this state or another state and notify the petitioner where and when

the pleading was sent.
Okla. Stat. tit. 43A, § 43A-3-318 — OK Code / Title 43A / Section 43A-3-318
Certification of behavioral health case managers - Use
Status: in_force

of title.

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of behavioral

health case managers who are:

1. Employed by the state;

2. Employed by behavioral services providers contracting with

the state to provide behavioral health services;

3. Employed by a tribe or tribal facility that provides

behavioral health services; or

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

United States Department of Veterans Affairs facility.

B. Such rules and standards 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 behavioral health case

manager 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 behavioral health case

manager 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. Behavioral health case managers certified by the Board or

the Commissioner shall only use the title "certified behavioral

health case manager" if employed by the state, employed by

behavioral services providers contracting with 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 behavioral health case manager to practice any

of the following professions or use the following titles unless also

Oklahoma Statutes - Title 43A. Mental Health Page 71

licensed or accredited by the appropriate authority: physician,

psychologist, clinical social worker, professional counselor,

marital and family therapist, behavioral practitioner, or alcohol

and drug counselor.

F. Failure to comply with rules and standards promulgated by

the Board shall be grounds for revocation, suspension or nonrenewal

of certification.

G. No behavioral health case manager shall operate or continue

to operate as a behavioral health case manager unless the case

manager complies with the rules promulgated by the Board and is

certified as required by this section.
Okla. Stat. tit. 43A, § 43A-53 — OK Code / Title 43A / Section 43A-53
Renumbered as § 5-304 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-571-109 — OK Code / Title 43 / Section 43-571-109
Ex parte warrant for physical custody
Status: in_force

A. If a petition under this act contains allegations, and the

court finds that there is a credible risk that the child is

imminently likely to be wrongfully removed, the court may issue an

ex parte warrant to take physical custody of the child.

B. The respondent on a petition under subsection A of this

section shall be afforded an opportunity to be heard at the earliest

possible time after the ex parte warrant is executed, but not later

than the next judicial day unless a hearing on that date is

impossible. In such event, the court shall hold the hearing on the

first judicial day possible.

C. An ex parte warrant under subsection A of this section to

take physical custody of a child shall:

1. Recite the facts upon which a determination of a credible

risk of imminent wrongful removal of the child is based;

2. Direct law enforcement officers to take physical custody of

the child immediately;

3. State the date and time for the hearing on the petition; and

4. Provide for the safe interim placement of the child pending

further order of the court.

D. If feasible, before issuing a warrant and before determining

the placement of the child after the warrant is executed, the court

may order a search of the relevant databases of the National Crime

Information Center system and similar state databases to determine

if either the petitioner or respondent has a history of domestic

violence, stalking, or child abuse or neglect.

E. The petition and warrant shall be served on the respondent

when or immediately after the child is taken into physical custody.

F. A warrant to take physical custody of a child, issued by

this state or another state, is enforceable throughout this state.

If the court finds that a less intrusive remedy will not be

effective, it may authorize law enforcement officers to enter

private property to take physical custody of the child. If required

by exigent circumstances, the court may authorize law enforcement

officers to make a forcible entry at any hour.

G. If the court finds, after a hearing, that a petitioner

sought an ex parte warrant under subsection A of this section for

Oklahoma Statutes - Title 43. Marriage and Family Page 173

the purpose of harassment or in bad faith, the court may award the

respondent reasonable attorney fees, costs, and expenses.

H. This act does not affect the availability of relief allowed

under the laws of this state other than this act.
Okla. Stat. tit. 43A, § 43A-5-508 — OK Code / Title 43A / Section 43A-5-508
Mental health evaluation – Contents and signature -
Status: in_force

Records.

A. The mental health evaluation of a licensed mental health

professional prepared pursuant to Section 5-506 or 5-507 of this

title shall include written findings as to whether:

1. The minor appears to be a minor in need of treatment and is

reasonably likely to benefit from treatment;

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

restrictive alternative that meets the needs of the minor:

a. reasonable efforts have been made to provide for the

treatment needs of the minor through the provision of

less restrictive alternatives and such alternatives

have failed to meet the treatment needs of the minor,

or

b. after a thorough consideration of less restrictive

alternatives to inpatient treatment, the condition of

the minor is such that less restrictive alternatives

are unlikely to meet the treatment needs of the minor;

and

3. The minor has been provided with a clinically appropriate

explanation of the nature and purpose of the treatment.

B. Any mental health evaluation of a minor alleged to be a

minor in need of treatment that recommends that the minor be found

to be eligible for inpatient mental health or substance abuse

treatment shall be signed by the licensed mental health professional

examining the minor.

C. The parents, all public agencies, and all providers or

programs which have treated or are treating the minor shall

cooperate with the person conducting a mental health evaluation for

the purpose of providing the mental health evaluation to a district

attorney or to a district court and shall promptly deliver, as

otherwise provided by law, all records related to the treatment or

education of the minor.
Okla. Stat. tit. 43, § 43-210 — OK Code / Title 43 / Section 43-210
Liability on abandonment or separation by agreement
Status: in_force

A husband abandoned by his wife is not liable for her support

until she offers to return, unless she was justified by his

misconduct, in abandoning him; nor is he liable for her support when

she is living separate from him, by agreement, unless such support

is stipulated in the agreement.
Okla. Stat. tit. 43A, § 43A-131 — OK Code / Title 43A / Section 43A-131
Renumbered as § 5-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-32 — OK Code / Title 43A / Section 43A-32
Renumbered as § 2-102 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-1-106 — OK Code / Title 43A / Section 43A-1-106
Representation of state in court proceedings
Status: in_force

The district attorneys of this state shall represent the people

of Oklahoma in all court proceedings provided for in the Mental

Oklahoma Statutes - Title 43A. Mental Health Page 20

Health Law in which the State of Oklahoma including any facility

operated by the Department of Mental Health and Substance Abuse

Services is the petitioner for involuntary commitment or assisted

outpatient treatment.
Okla. Stat. tit. 43A, § 43A-1-109.1 — OK Code / Title 43A / Section 43A-1-109.1
Treatment advocates
Status: in_force

A. 1. Every adult having a mental illness as defined in

Section 1-103 of this title who is under the care of a licensed

mental health professional shall be informed by the licensed mental

health professional or the mental health treatment facility that the

consumer has the right to designate a family member or other

concerned individual as a treatment advocate.

2. The individual designated as a treatment advocate shall act

at all times in the best interests of the consumer.

3. The patient may change or revoke the designation of a

treatment advocate at any time and for any reason.

4. The treatment advocate may participate in the treatment

planning and discharge planning of the consumer to the extent

consented to by the consumer and as permitted by law.

5. A person holding the powers vested in a guardianship of the

person, a grant of general health care decision-making authority or

designation of health care proxy contained in an advance directive

for health care, or a durable power of attorney with health care

decision-making authority shall be the treatment advocate for the

patient by operation of law.

Oklahoma Statutes - Title 43A. Mental Health Page 28

B. 1. The Board of Mental Health and Substance Abuse Services

shall promulgate rules for all facilities certified by the

Department of Mental Health and Substance Abuse Services as to the

design, contents, and maintenance of a treatment advocate consent

form.

2. The contents of the consent form, at a minimum, shall

include a statement indicating that the treatment advocate

understands that all mental health treatment information is

confidential and that the treatment advocate agrees to maintain

confidentiality.

C. This section shall not apply to inmates of the Oklahoma

Department of Corrections.
Okla. Stat. tit. 43A, § 43A-616 — OK Code / Title 43A / Section 43A-616
Renumbered as § 3-304 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-22 — OK Code / Title 43A / Section 43A-22
Renumbered as § 2-212 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-203 — OK Code / Title 43 / Section 43-203
Separate property
Status: in_force

Except as mentioned in the preceding section neither husband nor

wife has any interest in the separate property of the other, but

neither can be excluded from the other's dwelling.
Okla. Stat. tit. 43, § 43-150.6 — OK Code / Title 43 / Section 43-150.6
Temporary custody orders - Deploying parent privilege
Status: in_force

A. Upon proper motion made pursuant to Section 8 of this act,

the court shall enter temporary orders regarding custody, visitation

and child support.

B. A deploying parent who is entitled to a stay in civil

proceedings pursuant to the Servicemembers Civil Relief Act, 50

U.S.C. App., Sections 501 through 596, may elect to proceed while

the deploying parent is unavailable to appear in the geographical

location in which the litigation is pursued and may seek relief and

provide evidence through video conferencing, Internet camera, e-

mail, telephone, or other reasonable electronic means.

C. Except for the privilege offered to the deployed

servicemember in subsection B of this section, the court shall

factor the same consideration and conduct the temporary order

hearing as provided in Section 112 of Title 43 of the Oklahoma

Statutes. Hearings conducted pursuant to this section shall be

considered nonevidentiary hearings and the standard rules of

evidence shall not apply.

D. 1. If a prior judicial custody or visitation order contains

provisions for custodial responsibility of the child in the event of

deployment, those provisions shall not be modified by the court

unless:

a. a subsequent substantial change of circumstances has

occurred after the prior judicial custody or

visitation order was issued, or

b. a showing that enforcement of the provisions of the

prior judicial custody or visitation order would

result in substantial harm to the child.

2. If the deploying parent and the nondeploying parent have

previously agreed in writing to provisions for the custodial

responsibility of the child in the event of deployment, there shall

be a rebuttable presumption that the agreement is in the best

interest of the child. The presumption may be overcome only if the

court makes specific findings of fact establishing that the

agreement is not in the best interest of the child.

E. When entering a temporary order for custodial responsibility

prior to or during a deployment, the court shall:

Oklahoma Statutes - Title 43. Marriage and Family Page 130

1. Identify the nature of the deployment that is the basis for

the order;

2. Specify that the order is temporary;

3. Specify the contact between the deploying parent and the

child during deployment, including the means by which the deploying

parent may remain in communication with the child, such as

electronic communication by Internet camera, telephone, e-mail and

other available means; and

4. Order liberal contact between the deploying parent and child

when the deploying parent is on leave or is otherwise available,

consistent with the best interest of the child.

F. In an order granting designation of a family member or

another person with a close and substantial relationship to the

child to exercise visitation rights pursuant to Section 11 of this

act, the court shall:

1. Set out a process to resolve any disputes that may arise

between the person receiving visitation and the nondeploying parent;

2. Identify the nature of the deployment that is the basis for

the order; and

3. Specify that the order is a temporary order and shall

terminate ten (10) days after notice has been provided to the

nondeploying parent of the end of the deployment.

G. If the matter before the court concerns a postdissolution

modification of custody or visitation, the court shall not modify

the previously ordered custody or visitation arrangement until the

expiration of the servicemember’s deployment, unless the child is at

risk of serious irreparable harm.

H. If the court has rendered a temporary order regarding

custodial responsibility pursuant to the Deployed Parents Custody

and Visitation Act, any nondeploying parent or any third party to

whom the court has assigned primary custodial responsibility,

visitation or limited contact shall notify the court of any change

of address until the termination of the temporary order.
Okla. Stat. tit. 43A, § 43A-3-461 — OK Code / Title 43A / Section 43A-3-461
Alcohol and drug substance abuse course assessment -
Status: in_force

Definitions - Certification - Rules and standards.

A. For purposes of this section:

1. "ADSAC assessor" means an individual certified by the

Department of Mental Health and Substance Abuse Services to conduct

the ADSAC assessment;

2. "Alcohol and drug substance abuse course ADSAC assessment"

means an assessment process certified by the Department of Mental

Health and Substance Abuse Services designed to identify the

severity of the alcohol or other drug problems, risks of recidivism

and the most appropriate referral(s) required for license

reinstatement, including intensity and duration of clinical

interventions;

3. "Alcohol and drug substance abuse treatment program" means a

program certified by the Department of Mental Health and Substance

Abuse Services for the treatment of alcohol and drug abuse, or

alcoholism and drug dependency;

4. "Assessment agency" means an institution or organization

certified by the Department to provide alcohol and drug assessments

and evaluations related to driver license revocation; and

5. "Satisfactory completion of an assessment" means the

participant has successfully completed the requirements of the

assessment and the individual conducting the assessment certifies

the completion of the requirements to the Department of Public

Safety through the Oklahoma Department of Mental Health and

Substance Abuse Services.

B. Alcohol and drug substance abuse course assessments shall be

offered only by individuals certified by the Department of Mental

Health and Substance Abuse Services. Each assessor shall be

certified and shall:

1. Possess two (2) years or more of verifiable full-time-

equivalent counseling experience in the addiction treatment field;

2. Provide documentation verifying observation of one complete

alcohol and drug substance abuse course assessment conducted by a

certified assessor. Such observation must receive prior

authorization by the Department;

Oklahoma Statutes - Title 43A. Mental Health Page 101

3. Provide proof of attendance at an assessor training course

and pass the Department's certification examination for the alcohol

and drug substance abuse course assessor;

4. Provide verification of having conducted a complete alcohol

and drug substance abuse course assessment under the supervision of

a certified alcohol and drug substance abuse course assessor

approved by a Department representative;

5. Be allowed one (1) year to complete all requirements related

to the assessment application. Failure to meet all requirements

within one (1) year shall result in denial of certification. To be

reconsidered, the candidate shall be required to reapply to the

Department; and

6. Be licensed as a licensed mental health professional as

defined in Section 1-103 of this title or licensed or certified as

an alcohol and drug counselor pursuant to Section 1871 et seq. of

Title 59 of the Oklahoma Statutes.

C. The Department of Mental Health and Substance Abuse Services

shall promulgate rules and standards regulating the ADSAC assessment

and assessment process. Failure to comply with rules and standards

promulgated by the Department pursuant to this act shall be grounds

for reprimand, suspension, revocation or non-renewal of an

assessor's certification.

D. Any individual certified to conduct alcohol and drug

substance abuse course assessments pursuant to this section shall

certify to the Department of Public Safety through the Oklahoma

Department of Mental Health and Substance Abuse Services all persons

who successfully complete such assessments.
Okla. Stat. tit. 43, § 43-118.3 — OK Code / Title 43 / Section 43-118.3
Request for wage and tax information
Status: in_force

On or after April 15th of each year, the obligor or obligee may

make a written request to the other party for the other party's

previous tax year W-2 forms, 1099 form, or other wage and tax

information. This request shall be served upon the other party in

the same manner prescribed for the service of summons in a civil

action, and the original request shall be filed in the court file.

The party receiving such a written request shall provide the

requesting party a copy of the requested information by certified

mail within ten (10) days of receiving the written request. If a

motion to modify child support is subsequently filed by the

requesting party, and it is shown to the court that the non-moving

Oklahoma Statutes - Title 43. Marriage and Family Page 78

party failed to comply with this section, the court may award the

moving party his or her attorneys fees and costs incurred as a

result of the failure to provide requested information.
Okla. Stat. tit. 43A, § 43A-555 — OK Code / Title 43A / Section 43A-555
Renumbered as § 5-308 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-96 — OK Code / Title 43A / Section 43A-96
Renumbered as § 4-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-451 — OK Code / Title 43A / Section 43A-3-451
Definitions
Status: in_force

As used in Sections 3-452 and 3-453 of this title:

1. "Alcohol and drug substance abuse course" means a course

certified by the Department of Mental Health and Substance Abuse

Services designed to inform the offender about alcohol or other

drugs and driving, and encourages the participants to reassess their

use of alcohol or other drugs, and driving behavior, in order to

select practical alternatives.

2. "Satisfactory completion of a course" means that the

institution or agency conducting the course certifies to the

Department of Public Safety that the participant has successfully

completed the requirements of the course.

3. "Alcohol and drug substance abuse treatment program" means a

program designated by the Department of Mental Health and Substance

Abuse Services for the treatment of alcohol and drug abuse, or

alcoholism and drug dependency.
Okla. Stat. tit. 43A, § 43A-31.6 — OK Code / Title 43A / Section 43A-31.6
Renumbered as § 3-110 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-6 — OK Code / Title 43 / Section 43-6
License - Contents
Status: in_force

A. The marriage license provided for in this title shall

contain:

1. The date of its issuance;

2. The name of the court issuing the license, and the name of

the city or town and county in which the court is located;

3. The full legal names of the persons authorized to be married

by the license, the full legal names by which the persons will be

known after the marriage, subject to the provisions of Section 5 of

this title, their ages, and their places of residence;

4. Directions to any person authorized by law to perform and

solemnize the marriage ceremony;

5. The number of days by which the marriage ceremony shall be

completed and the number of days by which the certificate, along

with the marriage license, shall be returned to the court clerk, as

provided in Section 20 of this title; and

6. Any other information, declarations, seals and signatures,

as required by law.

B. The marriage certificate provided for in this title shall

contain appropriate wording and blanks to be completed and endorsed,

as required by Section 8 of this title, by the person solemnizing or

performing the marriage ceremony, the witnesses, and the persons who

have been married.

R.L. 1910, § 3888. Amended by Laws 1997, c. 402, § 9, eff. July 1,

1997; Laws 2006, c. 311, § 3, emerg. eff. June 8, 2006; Laws 2022,

c. 241, § 2, eff. Nov. 1, 2022.
Okla. Stat. tit. 43A, § 43A-11 — OK Code / Title 43A / Section 43A-11
Renumbered as § 2-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-314 — OK Code / Title 43 / Section 43-601-314
Limited immunity of petitioner
Status: in_force

A. Participation by a petitioner in a proceeding under the

Uniform Interstate Family Support Act before a responding tribunal,

whether in person, by private attorney, or through services provided

by the support enforcement agency, does not confer personal

jurisdiction over the petitioner in another proceeding.

B. A petitioner is not amenable to service of civil process

while physically present in this state to participate in a

proceeding under the Uniform Interstate Family Support Act.

C. The immunity granted by this section does not extend to

civil litigation based on acts unrelated to a proceeding under the

Uniform Interstate Family Support Act committed by a party while

physically present in this state to participate in the proceeding.
Okla. Stat. tit. 43A, § 43A-3-322 — OK Code / Title 43A / Section 43A-3-322
Certified Gambling Addiction Treatment Programs
Status: in_force

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of gambling

addiction treatment programs and for private facilities and

organizations which offer gambling addiction treatment services in

this state. These facilities and organizations shall be known as

“Certified Gambling Addiction Treatment Programs”.

B. Applications for certification as a certified gambling

addiction treatment program, pursuant to the provisions of this

section, 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 program for a period of

three (3) years, subject to renewal as provided in rules promulgated

by the Board. Nothing in this section shall preclude the Department

from making inspection visits to a program to determine program

compliance.

C. Hospitals licensed by the State Department of Health shall

be exempt from certification requirements. In addition, licensed

physicians, licensed psychologists, licensed social workers,

individual members of the clergy, licensed marital and family

therapists, registered nurses, licensed behavioral practitioners,

and licensed professional counselors shall be exempt from

certification requirements; provided, however, these exemptions

shall only apply to individual professional persons in their private

practices and not to any gambling addiction treatment program

operated by the person.

D. Facilities providing services for gambling addiction shall

comply with standards promulgated by the Board; provided, that the

certification requirements and standards shall not apply to programs

and services offered by other state agencies. The gambling

addiction treatment programs certified pursuant to the provisions of

this section shall cooperate with inspection personnel of the state

and shall promptly file all reports required by the Department.

Failure to comply with rules and standards of the Board shall be

Oklahoma Statutes - Title 43A. Mental Health Page 74

ground for revocation of certification, after proper notice and

hearing.

E. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of gambling addiction treatment programs as

provided in Section 3-324 of this title.

F. Failure to comply with rules and standards promulgated by

the Board shall be grounds for revocation, suspension or nonrenewal

of certification.

G. No gambling addiction 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.
Okla. Stat. tit. 43, § 43-136 — OK Code / Title 43 / Section 43-136
Mailing of alimony and support payments - Evidence of
Status: in_force

support payments - Income assignment fee.

A. If a judicial order, judgment or decree directs that the

payment of child support, alimony, temporary support or any similar

type of payment be made through the office of the court clerk, then

it shall be the duty of the court to transmit such payments to the

payee by first class United States mail, if requested to do so by

the payee. Such payments shall be mailed to the payee at the

address specified in writing by the payee. In the event of a change

in address of the payee it shall be the duty of the payee to furnish

to the court clerk in writing the new address of the payee.

B. A report of child support payments with a certificate of

authenticity executed by the court clerk is admissible into evidence

in court or in an administrative proceeding as self-authenticated.

C. A fee not to exceed Twenty-five Dollars ($25.00) shall be

charged and collected for any post decree application to initiate an

income assignment in addition to any other fees authorized by law.

The fee shall not be charged or collected for income assignments

requested at the time of the filing of the original petition or

entered at the time of a divorce decree. The person entitled to

support is entitled to collect said fees paid pursuant to this

subsection from the person obligated to pay support through civil

proceedings.
Okla. Stat. tit. 43, § 43-601-301 — OK Code / Title 43 / Section 43-601-301
Proceedings under this act
Status: in_force

A. Except as otherwise provided in this act, this article

applies to all proceedings under this act.

B. An individual petitioner or a support enforcement agency may

initiate a proceeding authorized under this act by filing a petition

in an initiating tribunal for forwarding to a responding tribunal or

by filing a petition or a comparable pleading directly in a tribunal

of another state or a foreign country which has or can obtain

personal jurisdiction over the respondent.
Okla. Stat. tit. 43A, § 43A-3-401 — OK Code / Title 43A / Section 43A-3-401
Citation
Status: in_force

Sections 3-401 through 3-429 of the Mental Health Law shall be

known and may be cited as the "Oklahoma Alcohol and Drug Abuse

Services Act".
Okla. Stat. tit. 43, § 43-118.2 — OK Code / Title 43 / Section 43-118.2
Employer sponsored health care coverage
Status: in_force

A. When a parent is required by a court or administrative order

to provide health coverage which is available through an employer

doing business in this state, the employer is required:

1. To permit the parent to enroll under family coverage any

child who is otherwise eligible for coverage without regard to any

enrollment season restrictions;

2. To enroll the child under family coverage and to deduct the

employee’s cost of the coverage from the employee's wages. The

enrollment shall be made upon application to the employer by the

child's custodial person, by the state agency administering the

Medicaid program or the state agency administering the child support

program under Title IV-D of the Social Security Act;

3. Not to disenroll or eliminate coverage of a child unless the

employer is provided satisfactory written evidence that:

a. the court order is no longer in effect,

b. the child is or will be enrolled in comparable

coverage which will take effect no later than the

effective date of disenrollment, or

c. the employer has eliminated family health coverage for

all of its employees;

4. Upon request, to provide complete information to the

custodial person, the state agency administering the Medicaid

program or the state agency administering the child support program

under Title IV-D of the Social Security Act regarding any insurance

Oklahoma Statutes - Title 43. Marriage and Family Page 77

benefits to which the child is entitled, and any forms,

publications, or documents necessary to apply for or to utilize the

benefits;

5. Permit the custodial person, the designated agency

administering the State Medicaid Program, or the provider with

approval, to submit claims for covered services without the approval

of the noncustodial parent; and

6. Make payments on claims submitted in accordance with

paragraph 5 of this subsection directly to the custodial person, the

designated agency administering the State Medicaid Program, or the

provider.

B. 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, the Child Support Enforcement Division shall

notify the parent’s employer to enroll the child in health care

coverage available under the employer’s plan by sending the employer

a National Medical Support Notice issued pursuant to Section

466(a)(19) of the Social Security Act, and Section 609(a)(5)(C) of

the Employee Retirement Income Security Act of 1974. The employer

shall comply with the National Medical Support Notice. The employer

may be fined up to Two Hundred Dollars ($200.00) per month per child

for each failure to comply with the requirements of the National

Medical Support Notice. Fines collected shall be remitted to the

Child Support Revenue Enhancement Fund created pursuant to Section

225 of Title 56 of the Oklahoma Statutes.

C. An employer may not be fined under this section where an

employee fails to contribute his or her portion of a health

insurance premium.

D. The Department of Human Services shall promulgate rules as

necessary to implement the provisions of this section.
Okla. Stat. tit. 43, § 43-204 — OK Code / Title 43 / Section 43-204
Contracts
Status: in_force

Either husband or wife may enter into any engagement or

transaction with the other, or with any other person, respecting

property, which either might, if unmarried, subject, in transactions

between themselves, to the general rules which control the actions

of persons occupying confidential relations with each other as

defined by the title on trusts.
Okla. Stat. tit. 43A, § 43A-11-105 — OK Code / Title 43A / Section 43A-11-105
Validity - Witnesses - Eligibility as attorney-in-
Status: in_force

fact.

A. An advance directive for mental health treatment is valid

only if it is signed by the declarant and two capable witnesses

eighteen (18) years of age or older. The witnesses shall attest

that the declarant:

1. Is known to them;

2. Signed the advance directive for mental health treatment in

their presence;

3. Appears to be capable; and

4. Is not acting under duress, fraud or undue influence.

B. None of the following persons shall be eligible to serve as

attorney-in-fact to the signing of an advance directive for mental

health treatment:

1. The attending physician or psychologist or an employee of

the physician or psychologist; or

2. An owner, operator or employee of a health care facility in

which the declarant is a consumer or resident.
Okla. Stat. tit. 43A, § 43A-3-406.1 — OK Code / Title 43A / Section 43A-3-406.1
Purchase of alcohol and drug therapy
Status: in_force

A. Until June 30, 2013, the Department of Mental Health and

Substance Abuse Services and the Oklahoma Health Care Authority

shall continue to purchase, on a fee-for-service basis, therapy

provided by certified alcohol and drug counselors, as defined in

Chapter 43B, Section 1871 of Title 59 of the Oklahoma Statutes,

provided such therapy is provided by certified alcohol and drug

Oklahoma Statutes - Title 43A. Mental Health Page 84

counselors employed from organizations or individuals under contract

with the Department of Mental Health and Substance Abuse Services or

the Oklahoma Health Care Authority.

B. Nothing in this section shall prohibit the Board of Mental

Health and Substance Abuse Services or the Oklahoma Health Care

Authority Board from initiating or terminating contracts with

certified substance abuse providers, establishing contract limits,

developing or modifying reimbursement schedules, or otherwise

managing appropriated resources on behalf of the state.
Okla. Stat. tit. 43A, § 43A-11-107 — OK Code / Title 43A / Section 43A-11-107
When advance directive becomes operative - Contrary or
Status: in_force

conflicting instructions given by attorney-in-fact.

Oklahoma Statutes - Title 43A. Mental Health Page 241

A. The wishes of a declarant, at all times while the declarant

is capable, shall supersede the effect of an advance directive for

mental health treatment.

B. An advance directive for mental health treatment shall

become operative when:

1. It is delivered to the declarant's physician or

psychologist; and

2. The declarant is certified to be incapable and to require

mental health treatment as provided by Section 11-110 of this title.

C. An advance directive for mental health treatment remains

valid until:

1. Revoked, expired or superseded by a subsequent advance

directive for mental health treatment; or

2. Superseded by a court order.

D. A court order shall supersede an advance directive for

mental health treatment in all circumstances.

E. Mental health treatment instructions contained in a

declaration executed in accordance with this act shall supersede any

contrary or conflicting instructions given by an attorney-in-fact

specifically for mental health treatment decisions unless the

authority given to the attorney-in-fact in the advance directive for

mental health treatment expressly provides otherwise.

F. Except as provided by subsection E of this section, in the

event that more than one valid advance directive for mental health

treatment has been executed and not revoked, the last advance

directive for mental health treatment executed shall be construed to

be the mental health treatment wishes of the declarant and shall

become operative as provided by subsection B of this section.

G. In the absence of an advance directive for mental health

treatment, the powers vested in a guardianship of the person, or

grant of general health care decision-making authority or

designation of health care proxy contained in an advance directive

for health care or durable power of attorney with health care

decision-making authority shall be deemed to include mental health

treatment.
Okla. Stat. tit. 43, § 43-601-713 — OK Code / Title 43 / Section 43-601-713
English translation
Status: in_force

A record filed with a tribunal of this state under this article

must be in the original language and, if not in English, must be

accompanied by an English translation.
Okla. Stat. tit. 43A, § 43A-5-311 — OK Code / Title 43A / Section 43A-5-311
Procedure as cumulative
Status: in_force

The admission procedure prescribed by the Mental Hospital

Voluntary Admission Procedures Act shall be cumulative to the

procedures prescribed by other provisions of law. Nothing herein

shall affect the admission procedures prescribed by other provisions

of law.

Oklahoma Statutes - Title 43A. Mental Health Page 134
Okla. Stat. tit. 43, § 43-551-312 — OK Code / Title 43 / Section 43-551-312
Costs, fees, and expenses
Status: in_force

COSTS, FEES, AND EXPENSES

A. The court shall award the prevailing party, including a

state, necessary and reasonable expenses incurred by or on behalf of

the party, including costs, communication expenses, attorney's fees,

investigative fees, expenses for witnesses, travel expenses, and

child care during the course of the proceedings, unless the party

from whom fees or expenses are sought establishes that the award

would be clearly inappropriate.

B. The court may not assess fees, costs, or expenses against a

state unless authorized by laws other than this act.
Okla. Stat. tit. 43A, § 43A-5-510 — OK Code / Title 43A / Section 43A-5-510
Notice of hearing on petition - Appointment of attorney
Status: in_force

- Evaluation report.

Upon the filing of a petition alleging a minor to be a minor in

need of treatment, the court shall:

1. Appoint an attorney to represent the minor if the minor is

not represented by counsel. An attorney so appointed shall consult

with the minor at least twenty-four (24) hours prior to the date set

for hearing the petition. In addition, the court may appoint a

guardian ad litem as provided by Section 1-4-306 of Title 10A of the

Oklahoma Statutes;

2. Enter any prehearing detention orders as may be necessary;

3. Set a date for a hearing on the petition. The date shall

not be less than one (1) day, or more than three (3) days, excluding

weekends and legal holidays, from the date of the filing of the

petition. Upon the request of the attorney for the minor, the date

of the hearing may be extended once for up to an additional three

(3) days, excluding weekends and holidays; and

4. Cause notice of the date, time, place and purpose of the

hearing to be given to the petitioner, the minor, the parent(s) or

legal custodian of the minor and the person in charge of the mental

health or substance abuse treatment facility. If the minor is a

ward of the court, or is in the custody of the Department of Human

Services or the Office of Juvenile Affairs, notice shall also be

given to a public or private child care agency having legal custody

of the minor, if any, or to the person at the Department of Human

Services, the Office of Juvenile Affairs or the applicable juvenile

bureau responsible for the supervision of the case. The notice

shall be given at least twenty-four (24) hours prior to the date set

Oklahoma Statutes - Title 43A. Mental Health Page 175

for the hearing and shall be given in such manner as directed by the

court.
Okla. Stat. tit. 43A, § 43A-3-324 — OK Code / Title 43A / Section 43A-3-324
Certification and renewal fees
Status: in_force

A. The Department of Mental Health and Substance Abuse Services

is hereby authorized to establish and collect certification and

renewal fees for certification of any program the Department is

authorized by law to certify, to defray the costs incurred in the

certification and renewal inspections and procedures.

B. The application and renewal fees for certification shall not

exceed One Thousand Dollars ($1,000.00) per certification.
Okla. Stat. tit. 43, § 43-551-104 — OK Code / Title 43 / Section 43-551-104
Application to Indian tribes
Status: in_force

APPLICATION TO INDIAN TRIBES.

A. A child custody proceeding that pertains to an Indian child

as defined in the Oklahoma Indian Child Welfare Act, is not subject

to this act to the extent that it is governed by the Oklahoma Indian

Child Welfare Act.

B. A court of this state shall treat a tribe as if it were a

state of the United States for purposes of applying Articles 1 and 2

of this act.

C. A child custody determination made by a tribe under factual

circumstances in substantial conformity with the jurisdictional

standards of this act must be recognized and enforced under Article

3 of this act.
Okla. Stat. tit. 43A, § 43A-75 — OK Code / Title 43A / Section 43A-75
Renumbered as § 7-112 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-92 — OK Code / Title 43A / Section 43A-92
Renumbered as § 4-106 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-393 — OK Code / Title 43A / Section 43A-393
Renumbered as § 7-111 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-315 — OK Code / Title 43 / Section 43-551-315
Role of district attorney
Status: in_force

ROLE OF DISTRICT ATTORNEY

A. In a case arising under this act or involving the Hague

Convention on the Civil Aspects of International Child Abduction,

the district attorney may take any lawful action, including

resorting to a proceeding under this article or any other available

civil proceeding, to locate a child, obtain the return of a child,

or enforce a child custody determination if there is:

1. An existing child custody determination;

2. A request to do so from a court in a pending child custody

proceeding;

3. A reasonable belief that a criminal statute has been

violated; or

4. A reasonable belief that the child has been wrongfully

removed or retained in violation of the Hague Convention on the

Civil Aspects of International Child Abduction.

B. A district attorney acting under this section acts on behalf

of the court and may not represent any party.
Okla. Stat. tit. 43A, § 43A-54.7 — OK Code / Title 43A / Section 43A-54.7
Renumbered as § 5-404 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-419 — OK Code / Title 43A / Section 43A-5-419
Modification order - Notice - Contents of notice
Status: in_force

A. The court may modify an order for involuntary inpatient

commitment and order alternative treatment pursuant to the

provisions of this section upon request of the person committed or

the administrator of a facility to which a person has been

involuntarily committed for inpatient treatment. The court shall

give notice to the person affected thereby and to each individual

required to receive notice pursuant to Section 5-412 of this title,

to appear within five (5) regular court days, or as many other days

as the court may grant, and show cause why the modification shall

not be made. The notice shall contain the following information:

1. The individual ordered to undergo a program of alternative

treatment to hospitalization is not complying with the previous

order, or that the alternative treatment program has not been

sufficient to prevent harm or injury to the person or others, or the

person committed for inpatient care and treatment is eligible for

discharge and that an evaluation conducted prior to discharge

determined that an order for alternative treatment is necessary in

order to prevent impairment or injury to the person;

2. A statement of the facts upon which the alleged change of

condition is based and a copy of any written findings entered by the

court;

3. Notice of the time and place of the show cause hearing;

4. Notice of the types of modifications that the court can make

pursuant to this hearing;

5. The witnesses who shall testify or offer evidence for the

modification which are known to the court;

Oklahoma Statutes - Title 43A. Mental Health Page 157

6. That the individual has the right to an attorney, and that

if the individual cannot afford an attorney, one will be provided;

and

7. That the individual has the right to cross-examine

witnesses, and to call witnesses in such person's own defense.

B. The court may only order assisted outpatient treatment as

defined by Section 1-103 of this title if the person meets the

conditions for assisted outpatient treatment provided by this title.
Okla. Stat. tit. 43, § 43-551-209 — OK Code / Title 43 / Section 43-551-209
Information to be submitted to court
Status: in_force

INFORMATION TO BE SUBMITTED TO COURT

A. In a child custody proceeding, each party, in its first

pleading or in an attached affidavit, shall give information, if

reasonably ascertainable, under oath as to the child's present

address or whereabouts, the places where the child has lived during

the last five (5) years, and the names and present addresses of the

persons with whom the child has lived during that period. The

pleading or affidavit must state whether the party:

1. Has participated, as a party or witness or in any other

capacity, in any other proceeding concerning the custody of or

visitation with the child and, if so, identify the court, the case

number, and the date of the child custody determination, if any;

2. Knows of any proceeding that could affect the current

proceeding, including proceedings for enforcement and proceedings

relating to domestic violence, protective orders, termination of

parental rights, and adoptions, and, if so, identify the court, the

case number, and the nature of the proceeding; and

3. Knows the names and addresses of any person not a party to

the proceeding who has physical custody of the child or claims

rights of legal custody or physical custody of, or visitation with,

the child and, if so, the names and addresses of those persons.

B. If the information required by subsection A of this section

is not furnished, the court, upon motion of a party or its own

motion, may stay the proceeding until the information is furnished.

C. If the declaration as to any of the items described in

paragraphs 1 through 3 of subsection A of this section is in the

affirmative, the declarant shall give additional information under

oath as required by the court. The court may examine the parties

under oath as to details of the information furnished and other

matters pertinent to the court's jurisdiction and the disposition of

the case.

D. Each party has a continuing duty to inform the court of any

proceeding in this or any other state that could affect the current

proceeding.

E. If a party alleges in an affidavit or a pleading under oath

that the health, safety, or liberty of a party or child would be

jeopardized by disclosure of identifying information, the

information must be sealed and may not be disclosed to the other

party or the public unless the court orders the disclosure to be

Oklahoma Statutes - Title 43. Marriage and Family Page 154

made after a hearing in which the court takes into consideration the

health, safety, or liberty of the party or child and determines that

the disclosure is in the interest of justice.
Okla. Stat. tit. 43, § 43-109.6 — OK Code / Title 43 / Section 43-109.6
Certain information and records to be available to both
Status: in_force

custodial and noncustodial parent.

Any information or any record relating to a minor child which is

available to the custodial parent of the child, upon request, shall

also be provided the noncustodial parent of the child. Provided,

however, that this right may be restricted by the court, upon

application, if such action is deemed necessary in the best

interests of the child. For the purpose of this section,

"information" and "record" shall include, but not be limited to,

information and records kept by the school, physician and medical

facility of the minor child.
Okla. Stat. tit. 43A, § 43A-6-101 — OK Code / Title 43A / Section 43A-6-101
Nonresident consumers - Transfer to state of residence
Status: in_force

Nonresidents who have been admitted as consumers to a facility

within the Department of Mental Health and Substance Abuse Services

Oklahoma Statutes - Title 43A. Mental Health Page 180

in accordance with the provisions of this title may be transferred

by the Commissioner of Mental Health and Substance Abuse Services to

similar institutions within the state where they reside. The

Commissioner shall make arrangements with the appropriate agency in

other states to facilitate the orderly transfer of nonresidents to

the state in which they reside.
Okla. Stat. tit. 43A, § 43A-135 — OK Code / Title 43A / Section 43A-135
Renumbered as § 2-220 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-322a — OK Code / Title 43A / Section 43A-3-322a
Problem Gambling Treatment Counselors - Certification
Status: in_force

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of Problem

Gambling Treatment Counselors who are:

1. Employed by the state;

2. Employed by behavioral services providers contracting with

the state to provide behavioral health services;

3. Employed by a tribe or tribal facility that provides

behavioral health services; or

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

United States Department of Veterans Affairs facility.

B. Such rules and standards 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 Problem Gambling

Treatment Counselor shall be made to the Department of Mental Health

and Substance Abuse Services on prescribed forms authorized by the

Department. The Board, or the Commissioner of Mental Health and

Substance Abuse Services upon delegation by the Board, may certify

the Problem Gambling Treatment Counselor 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. Problem Gambling Treatment Counselors certified by the Board

or the Commissioner shall only use the title "Problem Gambling

Treatment Counselor" if employed by the state, employed by

behavioral services providers contracting with the state to provide

Oklahoma Statutes - Title 43A. Mental Health Page 75

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.

F. This section shall not be construed to permit the certified

Problem Gambling Treatment Counselor 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.

G. Failure to comply with the rules and standards promulgated

by the Board shall be grounds for revocation, suspension or

nonrenewal of certification.

H. No Problem Gambling Treatment Counselor shall operate or

continue to operate as a Problem Gambling Treatment Counselor unless

the Problem Gambling Treatment Counselor complies with the rules

promulgated by the Board and is certified as required by this

section.
Okla. Stat. tit. 43A, § 43A-391 — OK Code / Title 43A / Section 43A-391
Renumbered as § 7-109 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-6-102 — OK Code / Title 43A / Section 43A-6-102
Transfer to federal agency for care and treatment
Status: in_force

A. 1. Upon receipt of a certificate of the United States

Public Health Service or any agency of the United States Government

or a State Veterans Home that facilities are available for the care

or treatment of any person who has been admitted to a facility

within the Department of Mental Health and Substance Abuse Services

in accordance with the provisions of this title and that such person

is eligible for care or treatment, the Commissioner of Mental Health

and Substance Abuse Services, upon recommendation by the person in

charge of the facility in which the consumer is located, may

transfer the consumer to:

a. the United States Public Health Service or other

agency of the United States Government, or

b. a State Veterans Home or other agency of the state for

care and treatment.

2. If the consumer has been admitted under involuntary court-

ordered commitment proceedings, the Commissioner shall notify the

committing court of any transfer when it has been effected.

3. Any consumer transferred as provided in this section shall

be deemed to be committed to the United States Public Health Service

or other agency of the United States Government or a State Veterans

Home or other agency of the state pursuant to the original

commitment the same as if the person had been originally committed.

B. 1. In the event that a consumer transferred under

provisions of this section subsequently becomes ineligible for

continued services, or if required services cannot be provided by

the entity or facility where the consumer is committed and residing,

the Commissioner shall upon notification accept the return of the

consumer to the appropriate facility of the Department.

2. If the consumer has been admitted under this title, the

Commissioner shall notify the committing court of the transfer when

it has been effected.

3. Any consumer transferred as provided in this section shall

be deemed to be committed to the Department pursuant to the original

commitment the same as if the person had been originally committed.

Oklahoma Statutes - Title 43A. Mental Health Page 181
Okla. Stat. tit. 43, § 43-601-317 — OK Code / Title 43 / Section 43-601-317
Communications between tribunals
Status: in_force

A tribunal of this state may communicate with a tribunal outside

this state in a record or by telephone, electronic mail or other

means, to obtain information concerning the laws, the legal effect

of a judgment, decree or order of that tribunal and the status of a

proceeding. A tribunal of this state may furnish similar

information by similar means to a tribunal outside this state.
Okla. Stat. tit. 43A, § 43A-4-204 — OK Code / Title 43A / Section 43A-4-204
Time of payment - Statement of sum due
Status: in_force

The cost of the care and treatment of the consumer shall be paid

monthly unless the Commissioner of Mental Health and Substance Abuse

Services and any person agreeing to make the payments may arrange

for quarterly or semiannual payments. The executive director of a

facility within the Department of Mental Health and Substance Abuse

Services in which a consumer is held shall issue a statement of the

sum that is due to all persons who are liable for the care and

treatment of the consumer, but failure to send or receive this

statement shall not affect the liability of a person who is

otherwise liable for the care and treatment of the consumer.
Okla. Stat. tit. 43A, § 43A-5-407 — OK Code / Title 43A / Section 43A-5-407
Renumbered as § 5-420 of this title by Laws 1997, c
Status: in_force

387, § 12, eff. Nov. 1, 1997.
Okla. Stat. tit. 43A, § 43A-137 — OK Code / Title 43A / Section 43A-137
Renumbered as § 2-218 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-213 — OK Code / Title 43 / Section 43-213
Order set aside, when
Status: in_force

The husband or wife affected by the proceedings contemplated in

the two preceding sections, may have the order or decree of the

court set aside or annulled by affidavit of such party, setting

forth fully the facts and supported by such other testimony as the

court shall deem proper. Notice of such proceedings to set aside

and annul such order must be given the person in whose favor the

same was granted, and shall be served as summons are served in

ordinary actions. The setting aside of such decree or order shall

in no wise affect any act done thereunder.
Okla. Stat. tit. 43A, § 43A-2-312.3 — OK Code / Title 43A / Section 43A-2-312.3
Compliance
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 53

An amount equal to the savings calculated by the Legislative

Office of Fiscal Transparency pursuant to Section 632 of this title

shall, subject to appropriation by the Legislature, be paid to the

County Community Safety Investment Fund created in Section 631 of

this title.

This section is intended to comply with, and is subject to,

Article V, Section 55, Article VI, Section 12, Article X, Section

23, and the other applicable provisions of the Oklahoma

Constitution.

Added by State Question No. 781, Initiative Petition No. 405, § 4,

adopted at General Election held on Nov. 8, 2016, eff. July 1, 2017.
Okla. Stat. tit. 43A, § 43A-58.1 — OK Code / Title 43A / Section 43A-58.1
Renumbered as § 5-202 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-395 — OK Code / Title 43A / Section 43A-395
Renumbered as § 2-304 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-621 — OK Code / Title 43A / Section 43A-621
Renumbered as § 3-309 of this title by Laws 1986, c. 103,
Status: in_force

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

103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-561 — OK Code / Title 43A / Section 43A-561
Renumbered as § 5-303 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-175 — OK Code / Title 43A / Section 43A-175
Renumbered as § 7-106 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-553 — OK Code / Title 43A / Section 43A-553
Renumbered as § 5-306 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-401 — OK Code / Title 43 / Section 43-551-401
Application and construction
Status: in_force

APPLICATION AND CONSTRUCTION

In applying and construing this Uniform Act, consideration must

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

to its subject matter among states that enact it.
Okla. Stat. tit. 43A, § 43A-6-104 — OK Code / Title 43A / Section 43A-6-104
Bringing poor or indigent person into state
Status: in_force

Any person who knowingly brings or causes to be brought, a poor

or indigent person from out of the state into this state and keeps

or leaves such person, or attempts to keep or leave such person,

within the state for the purpose of placing the person or requiring

the placement of the person as a consumer in any state facility

within the Department of Mental Health and Substance Abuse Services

for care or treatment therein at the expense of the state, shall be

guilty of a misdemeanor.
Okla. Stat. tit. 43, § 43-551-101 — OK Code / Title 43 / Section 43-551-101
Short title
Status: in_force

SHORT TITLE

This act may be cited as the "Uniform Child Custody Jurisdiction

and Enforcement Act".
Okla. Stat. tit. 43A, § 43A-3-327 — OK Code / Title 43A / Section 43A-3-327
Effective period for Department of Mental Health and
Status: in_force

Substance Abuse Services certifications.

All certifications issued by the Department of Mental Health and

Substance Abuse Services shall only be effective for the time period

specified by rules and standards promulgated by the Board of Mental

Health and Substance Abuse Services or specifically enumerated in

Title 43A of the Oklahoma Statutes. Unless a renewal of

certification has been issued in accordance with the rules and

standards promulgated by the Board, certifications shall be deemed

expired as a matter of law. No further action by the Department

shall be required to remove an expired certification.
Okla. Stat. tit. 43A, § 43A-2-205 — OK Code / Title 43A / Section 43A-2-205
Internal audit program
Status: in_force

The Department of Mental Health and Substance Abuse Services is

hereby directed to employ one or more internal auditors to establish

and perform an effective and comprehensive internal audit program.

Oklahoma Statutes - Title 43A. Mental Health Page 44

Such program shall include, but not be limited to, reviews of

accounting procedures, internal control, financial management and

compliance with laws, regulations, policies and executive and

legislative directives for the Department's administrative offices,

institutions, community mental health centers and contractors.

Internal audit final reports shall be made available to the

Governor, the State Auditor and Inspector, the Legislative Service

Bureau, the Board of Mental Health and Substance Abuse Services and

the Commissioner of Mental Health and Substance Abuse Services.
Okla. Stat. tit. 43A, § 43A-11-108 — OK Code / Title 43A / Section 43A-11-108
Delivery of advance directive to attending physician
Status: in_force

or psychologist - Duty of attending physician or other mental health

treatment provider.

A. It shall be the responsibility of the declarant to provide

for delivery of the advance directive for mental health treatment to

the attending physician or psychologist.

1. In the event the declarant is comatose, incompetent, or

otherwise mentally or physically incapable after executing the

advance directive for mental health treatment, any other person may

Oklahoma Statutes - Title 43A. Mental Health Page 242

deliver the advance directive for mental health treatment to the

attending physician or psychologist.

2. Any person having possession of another person’s advance

directive for mental health treatment and who becomes aware that the

declarant is in circumstances under which the terms of the advance

directive for mental health treatment may become operative shall

deliver the advance directive for mental health treatment to the

declarant’s attending physician, psychologist or to any health care

facility in which the declarant is a consumer.

B. An attending physician, psychologist or health care facility

notified of the advance directive for mental health treatment of a

declarant shall promptly make the declaration a part of the medical

records of the declarant.

C. An attending physician or other mental health treatment

provider who has been notified of the existence of an advance

directive for mental health treatment executed pursuant to this act

shall make all reasonable efforts to obtain the advance directive

for mental health treatment.
Okla. Stat. tit. 43A, § 43A-113 — OK Code / Title 43A / Section 43A-113
Renumbered as § 4-203 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-502 — OK Code / Title 43A / Section 43A-502
Renumbered as § 6-202 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-611 — OK Code / Title 43 / Section 43-601-611
Modification of child support order of another state
Status: in_force

A. If Section 601-613 of this title does not apply, upon

petition a tribunal of this state may modify a child support order

issued in another state which is registered in this state if, after

notice and hearing, the tribunal finds that:

1. The following requirements are met:

a. neither the child, nor the obligee who is an

individual, nor the obligor resides in the issuing

state,

b. a petitioner who is a nonresident of this state seeks

modification, and

c. the respondent is subject to the personal jurisdiction

of the tribunal of this state; or

2. This state is the residence of the child, or a party who is

an individual is subject to the personal jurisdiction of the

tribunal of this state, and all of the parties who are individuals

have filed consents in a record in the issuing tribunal for a

tribunal of this state to modify the support order and assume

continuing, exclusive jurisdiction.

B. Modification of a registered child support order is subject

to the same requirements, procedures, and defenses that apply to the

modification of an order issued by a tribunal of this state and the

order may be enforced and satisfied in the same manner.

C. A tribunal of this state may not modify any aspect of a

child support order that may not be modified under the law of the

issuing state, including the duration of the obligation of support.

If two or more tribunals have issued child support orders for the

same obligor and same child, the order that controls and must be so

recognized under Section 601-207 of this title establishes the

aspects of the support order which are nonmodifiable.

D. In a proceeding to modify a child support order, the law of

the state that is determined to have issued the initial controlling

order governs the duration of the obligation of support. The

obligor's fulfillment of the duty of support established by such

order precludes imposition of a further obligation of support by a

tribunal of this state.

E. On issuance of an order by a tribunal of this state

modifying a child support order issued in another state, the

Oklahoma Statutes - Title 43. Marriage and Family Page 201

tribunal of this state becomes the tribunal having continuing,

exclusive jurisdiction.

F. Notwithstanding subsections (a) through (e) and subsection B

of Section 601- 201 of this title, a tribunal of this state retains

jurisdiction to modify an order issued by a tribunal of this state

if:

1. One party resides in another state; and

2. The other party resides outside the United States.
Okla. Stat. tit. 43A, § 43A-91 — OK Code / Title 43A / Section 43A-91
Renumbered as § 4-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-55.1 — OK Code / Title 43A / Section 43A-55.1
Renumbered as § 1-106 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-10-107 — OK Code / Title 43A / Section 43A-10-107
Involuntary protective services
Status: in_force

A. If a vulnerable adult lacks the capacity to consent to

receive protective services recommended by the Department of Human

Services, these services may be ordered by a court on an involuntary

basis through an emergency order.

B. 1. In ordering emergency involuntary protective services

for a vulnerable adult, the court shall authorize only that

intervention which it finds to be least restrictive of the liberty

and rights of such person, while consistent with the welfare and

safety of the person. The basis for such finding shall be stated in

the record by the court.

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

person, the court shall authorize that involuntary protective

services be administered to the vulnerable adult in the present

living accommodations of that person.

C. 1. Payment for involuntary protective services provided to

a vulnerable adult determined by the court to be in need of

involuntary protective services pursuant to this section or Section

10-108 of this title shall be made:

a. from assets of the vulnerable adult receiving

emergency involuntary protective services, if the

court so orders after a showing by the Department that

the person has adequate assets to make such payment,

and that payment for the involuntary protective

services will not cause the person to go without other

necessities of life. Prior to any hearing on the

assets or issuance of an order pursuant to this

subparagraph, the legal guardian, caretaker and

guardian ad litem of the vulnerable adult, any person

so requested by the vulnerable adult and persons

required to be notified pursuant to Section 3-110 of

Oklahoma Statutes - Title 43A. Mental Health Page 217

Title 30 of the Oklahoma Statutes shall be notified of

such hearing and order,

b. from any private or public assistance programs for

which the person is eligible, or

c. as provided by paragraph 2 of subsection D of Section

10-106 of this title if the person has inadequate

assets to make such payments as ordered by the court,

and no private or public funds are available to the

person, from a fund established by the Department for

the purpose of providing emergency adult protective

services, subject to availability of funds.

2. The person has a right to be present and represented by

counsel at any hearing. If the vulnerable adult is indigent or, in

the determination of the court, lacks capacity to waive the right to

counsel, the court shall appoint counsel. If the person is

indigent, the cost of representation by counsel shall be borne by

this state.

D. Upon the request of an authorized representative of the

Department, the district attorney of the county in which the person

alleged or found by a court to be in need of involuntary protective

services resides shall provide legal representation for the

Department in any local proceedings related to the provision of

involuntary protective services pursuant to this section or Section

10-108 of this title.
Okla. Stat. tit. 43A, § 43A-97 — OK Code / Title 43A / Section 43A-97
Renumbered as § 4-105 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 259
Okla. Stat. tit. 43, § 43-150.1 — OK Code / Title 43 / Section 43-150.1
Definitions
Status: in_force

As used in the Deployed Parents Custody and Visitation Act:

1. "Civilian personnel" means direct-hire, permanent civilian

employees of the Department of Defense;

2. "Close and substantial relationship" means a relationship in

which a bond has been forged between the child and the other person

by regular contact or communication;

3. "Custodial responsibility" refers to legal custody, physical

custody or visitation rights with respect to a child;

4. "Deploying parent" means a legal parent of a minor child or

the legal guardian of a child, who is a member of the United States

Armed Forces, civilian personnel or contractor serving in designated

combat zones or duty stations and who is deployed or has been

notified of an impending deployment;

Oklahoma Statutes - Title 43. Marriage and Family Page 127

5. "Deployment" means the temporary transfer of a

servicemember, civilian personnel or contractor serving outside

their residential zone, or in designated combat zones, in compliance

with official orders to another location in support of combat,

contingency operation, or natural disaster requiring the use of

orders for a period of more than thirty (30) consecutive days,

during which family members are not authorized to accompany the

servicemember at government expense. Deployment shall include any

period during which a servicemember, civilian personnel or

contractor serving outside their residential zone, or in designated

combat zones, is absent from duty on account of sickness, wounds,

leave or other lawful cause, and shall also include any transfer

pursuant to military orders requiring presence in a foreign country;

6. "Guardian" means a person who has been appointed as a

guardian of a minor or incapacitated adult pursuant to the

requirements of Title 30 of the Oklahoma Statutes. The term shall

include a limited guardian, but shall not include a guardian ad

litem;

7. "Nondeploying parent" means a legal parent or guardian who

is not deployed and who has a child or ward in common with a

deploying parent;

8. "Residential zone" means a seventy-five-mile radius

surrounding a servicemember's permanent place of dwelling located

within the servicemember's state of legal residence or domicile;

9. "Servicemember" means a member of either:

a. the active or reserve components of the Army, Navy,

Air Force, Marine Corps, Space Force, or Coast Guard,

or

b. the active or reserve components of the National

Guard; and

10. "Visitation" means the right to take a child for a limited

period of time to a place other than the habitual residence of the

child.
Okla. Stat. tit. 43A, § 43A-619 — OK Code / Title 43A / Section 43A-619
Renumbered as § 3-307 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-10-104v1 — OK Code / Title 43A / Section 43A-10-104v1
Persons required to report abuse – Contents of
Status: in_force

report – Penalty – Immunity – False reports – Reporting of

suspicious deaths – Impairment of employment prohibited.

A. 1. Any person having reasonable cause to believe that a

vulnerable adult is suffering from abuse, neglect, or exploitation

shall make a report to either the Department of Human Services, the

office of the district attorney in the county in which the suspected

abuse, neglect, or exploitation occurred or the local municipal

police department or sheriff's department as soon as the person is

aware of the situation.

2. a. If a report is made to the Department of Human

Services, the county office, after investigating the

report, shall forward its findings to the office of

the district attorney in the county in which the

suspected abuse, neglect, or exploitation occurred.

b. The findings shall also be sent to any state agency

with concurrent jurisdiction over persons or issues

identified in the investigation, including, where

appropriate, the State Department of Health, the

Oklahoma Board of Nursing, or any other appropriate

state licensure or certification board, agency, or

registry.

B. Persons required to make reports pursuant to this section

shall include, but not be limited to:

1. Physicians;

2. Operators of emergency response vehicles and other medical

professionals;

3. Social workers and mental health professionals;

4. Law enforcement officials;

5. Staff of domestic violence programs; and

6. Long-term care facility personnel.

Oklahoma Statutes - Title 43A. Mental Health Page 205

C. The report shall contain the name and address of the

vulnerable adult, the name and address of the caretaker, if any, and

a description of the current location and current condition of the

vulnerable adult and of the situation which may constitute abuse,

neglect or exploitation of the vulnerable adult.

D. Any person who knowingly and willfully fails to promptly

report any abuse, neglect, or exploitation as required by the

provisions of subsections A and B of this section, upon conviction,

shall be guilty of a misdemeanor punishable by imprisonment in the

county jail for a term not exceeding one (1) year or by a fine of

not more than One Thousand Dollars ($1,000.00), or by both such fine

and imprisonment.

E. 1. Any person participating in good faith and exercising

due care in the making of a report pursuant to the provisions of

this section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed. Any such

participant shall have the same immunity with respect to

participation in any judicial proceeding resulting from such report.

2. The same immunity from any civil or criminal liability shall

also be extended to previous employers of a person employed to be

responsible for the care of a vulnerable adult, who in good faith

report to new employers or prospective employers of such caretaker

any misconduct of the caretaker including, but not limited to,

abuse, neglect or exploitation of a vulnerable adult, whether

confirmed or not.

F. Any person who willfully or recklessly makes a false report

shall be civilly liable for any actual damages suffered by the

person being reported and for any punitive damages set by the court

or jury which may be allowed in the discretion of the court or jury.

G. Any state or county medical examiner or physician who has

reasonable cause to suspect that the death of any vulnerable adult

may be the result of abuse or neglect as defined by Section 10-103

of this title shall make a report to the district attorney of the

county in which the death occurred. The report shall include the

name of the person making the report, the name of the deceased

person, the facts or other evidence supporting such suspicion, and

any other information that may be of assistance to the district

attorney in conducting an investigation into the matter.

H. No employer shall terminate the employment, prevent or

impair the practice or occupation of or impose any other sanction on

any employee solely for the reason that the employee made or caused

to be made a report or cooperated with an investigation pursuant to

the Protective Services for Vulnerable Adults Act. A court, in

addition to other damages and remedies, may assess reasonable

attorney fees against an employer who has been found to have

violated the provisions of this subsection.

Oklahoma Statutes - Title 43A. Mental Health Page 206
Okla. Stat. tit. 43, § 43-551-109 — OK Code / Title 43 / Section 43-551-109
Appearance and limited immunity
Status: in_force

APPEARANCE AND LIMITED IMMUNITY

A. A party to a child custody proceeding, including a

modification proceeding, or a petitioner or respondent in a

proceeding to enforce or register a child custody determination is

not subject to personal jurisdiction in this state for another

proceeding or purpose solely by reason of having participated, or

Oklahoma Statutes - Title 43. Marriage and Family Page 146

having been physically present for the purpose of participating, in

the proceeding.

B. A person who is subject to personal jurisdiction in this

state on a basis other than physical presence is not immune from

service of process in this state. A party present in this state who

is subject to the jurisdiction of another state is not immune from

service of process allowable under the laws of that state.

C. The immunity granted by subsection A of this section does

not extend to civil litigation based on acts unrelated to the

participation in a proceeding under this act committed by an

individual while present in this state.
Okla. Stat. tit. 43, § 43-112.2A — OK Code / Title 43 / Section 43-112.2A
Parent's right to change child's residence
Status: in_force

A parent entitled to the custody of a child has a right to

change his residence, subject to the power of the district court to

restrain a removal which would prejudice the rights or welfare of

the child.

R.L. 1910, § 4382. Renumbered from § 19 of Title 10 by Laws 2009,

c. 233, § 202, emerg. eff. May 21, 2009.
Okla. Stat. tit. 43, § 43-101 — OK Code / Title 43 / Section 43-101
Grounds for divorce
Status: in_force

The district court may grant a divorce for any of the following

causes:

First. Abandonment for one (1) year.

Second. Adultery.

Third. Impotency.

Fourth. When the wife at the time of her marriage was pregnant

by another than her husband.

Fifth. Extreme cruelty.

Sixth. Fraudulent contract.

Seventh. Incompatibility. Provided, however, where the

interest of a child under eighteen (18) years of age is involved,

the adult parties shall attend an educational program concerning the

impact of divorce on children as provided in subsection B of Section

107.2 of this title.

Eighth. Habitual drunkenness.

Ninth. Gross neglect of duty.

Tenth. Imprisonment of the other party in a state or federal

penal institution under sentence thereto for the commission of a

felony at the time the petition is filed.

Eleventh. The procurement of a final divorce decree without

this state by a husband or wife which does not in this state release

the other party from the obligations of the marriage.

Twelfth. Insanity for a period of five (5) years, the insane

person having been an inmate of a state institution for the insane

in the State of Oklahoma, or inmate of a state institution for the

insane in some other state for such period, or of a private

sanitarium, and affected with a type of insanity with a poor

prognosis for recovery; provided, that no divorce shall be granted

because of insanity until after a thorough examination of such

insane person by three physicians, one of whom shall be a

superintendent of the hospital or sanitarium for the insane in which

the insane defendant is confined, and the other two to be appointed

by the court before whom the action is pending, and any two of such

physicians shall agree that such insane person, at the time the

petition in the divorce action is filed, has a poor prognosis for

recovery; provided, further, however, that no divorce shall be

granted on this ground to any person whose husband or wife is an

inmate of a state institution in any other than the State of

Oklahoma Statutes - Title 43. Marriage and Family Page 19

Oklahoma, unless the person applying for such divorce shall have

been a resident of the State of Oklahoma for at least five (5) years

prior to the commencement of an action; and provided further, that a

decree granted on this ground shall not relieve the successful party

from contributing to the support and maintenance of the defendant.

The court shall appoint a guardian ad litem to represent the insane

defendant, which appointment shall be made at least ten (10) days

before any decree is entered.

R.L. 1910, § 4962. Amended by Laws 1947, p. 79, § 1, emerg. eff.

Feb. 24, 1947; Laws 1953, p. 59, § 1; Laws 1955, p. 141, § 1, emerg.

eff. March 3, 1955. Renumbered from § 1271 of Title 12 by Laws

1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2014, c. 428,

§ 1, eff. Nov. 1, 2014.
Okla. Stat. tit. 43A, § 43A-55 — OK Code / Title 43A / Section 43A-55
Renumbered as § 54.1 of this title by Laws 1977, c. 145, §
Status: in_force

12, emerg. eff. June 3, 1977.
Okla. Stat. tit. 43, § 43-137 — OK Code / Title 43 / Section 43-137
Past due payments operate as judgments – Cessation of lien
Status: in_force

after period of years – Duration of arrearage payment.

A. Any payment or installment of child support ordered pursuant

to any order, judgment, or decree of the district court or

administrative order of the Department of Human Services is, on and

after the date it becomes past due, a judgment by operation of law.

Judgments for past due support shall:

1. Have the full force and effect of any other judgment of this

state, including the ability to be enforced by any method available

under the laws of this state to enforce and collect money judgments;

and

2. Be entitled to full faith and credit as a judgment in this

state and any other state.

Oklahoma Statutes - Title 43. Marriage and Family Page 120

B. A child support judgment shall not become dormant for any

purpose, except that it shall cease to be a lien upon real property

five (5) years from the date it is filed of record with the county

clerk in the county where the property is located, unless the

judgment lien is extended in accordance with subsection C of Section

759 of Title 12 of the Oklahoma Statutes.

1. Except as otherwise provided by court order, a judgment for

past due child support shall be enforceable until paid in full.

2. An order that provides for payment of child support, if

willfully disobeyed, may be enforced by indirect civil contempt

proceedings, notwithstanding that the support payment is a judgment

on and after the date it becomes past due. After the implementation

of the Centralized Support Registry, any amounts determined to be

past due by the Department of Human Services may subsequently be

enforced by indirect civil contempt proceedings.

C. An arrearage payment schedule set by a court or

administrative order shall not exceed three (3) years, unless

imposition of a payment schedule would be unjust, inequitable,

unreasonable, or inappropriate under the circumstances, or not in

the best interests of the child or children involved. When making

this determination, reasonable support obligations of either parent

for other children in the custody of the parent may be considered.

If an arrearage payment schedule that exceeds three (3) years is

set, specific findings of fact supporting the action shall be made.
Okla. Stat. tit. 43, § 43-601-312 — OK Code / Title 43 / Section 43-601-312
Sealing of information
Status: in_force

If a party alleges in an affidavit or a pleading under oath that

the health, safety, or liberty of a party or child would be

jeopardized by the disclosure of specific identifying information,

that information must be sealed and may not be disclosed to the

other party or the public. After a hearing in which a tribunal

takes into consideration the health, safety, or liberty of the party

or child, the tribunal may order disclosure of information that the

tribunal determines to be in the interest of justice.

Oklahoma Statutes - Title 43. Marriage and Family Page 189
Okla. Stat. tit. 43, § 43-601-601 — OK Code / Title 43 / Section 43-601-601
Registration of order for enforcement
Status: in_force

A support order or an income-withholding order issued in another

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

enforcement.
Okla. Stat. tit. 43A, § 43A-2-304 — OK Code / Title 43A / Section 43A-2-304
Malpractice insurance for certain employees
Status: in_force

The Department of Mental Health and Substance Abuse Services may

purchase, with public funds, insurance to protect against

malpractice and other liability on the part of professional staff

and other employees, administrators and members of the Board of

Mental Health and Substance Abuse Services. This section shall not

be construed to make the state, the Board, or any division of the

Department of Mental Health and Substance Abuse Services liable for

damages from any cause.
Okla. Stat. tit. 43A, § 43A-7-105 — OK Code / Title 43A / Section 43A-7-105
Delivery of personal funds at time of discharge
Status: in_force

It shall be the duty of the executive director of such facility

to deliver all personal funds in the possession of the executive

director for the benefit of a consumer to such consumer at the time

the consumer is discharged.
Okla. Stat. tit. 43A, § 43A-132 — OK Code / Title 43A / Section 43A-132
Renumbered as § 6-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-502 — OK Code / Title 43 / Section 43-601-502
Employer obligations
Status: in_force

A. Upon receipt of an income-withholding order, the obligor’s

employer shall immediately provide a copy of the order to the

obligor.

B. The employer shall treat an income-withholding order issued

in another state which appears regular on its face as if it had been

issued by a tribunal of this state.

C. Except as otherwise provided in subsection D of this section

and Section 601-503 of this title, the employer shall withhold and

distribute the funds as directed in the withholding order by

complying with the terms of the order which specify:

1. The duration and amount of periodic payments of current

child support, stated as a sum certain;

2. The person designated to receive payments and the address to

which the payments are to be forwarded;

3. Medical support, whether in the form of periodic cash

payment, stated as a sum certain, or ordering the obligor to provide

health insurance coverage for the child under a policy available

through the obligor’s employment;

4. The amount of periodic payments of fees and costs for a

support enforcement agency, the issuing tribunal, and the obligee’s

attorney, stated as sum certain; and

5. The amount of periodic payments of arrearages and interest

on arrearages, stated as sums certain.

D. An employer shall comply with the law of the state of the

obligor’s principal place of employment for withholding from income

with respect to:

1. The employer’s fee for processing an income-withholding

order;

2. The maximum amount permitted to be withheld from the

obligor’s income; and

3. The times within which the employer must implement the

withholding order and forward the child support payment.

Oklahoma Statutes - Title 43. Marriage and Family Page 194
Okla. Stat. tit. 43, § 43-561-203 — OK Code / Title 43 / Section 43-561-203
Intent to abandon rights and responsibilities to
Status: in_force

child.

A. Except as provided in subsection B of this section, a parent

or guardian of a child or an individual with whom a child has been

placed for adoption may not transfer custody of the child to another

person with the intent, at the time of the transfer, to abandon the

rights and responsibilities concerning the child.

B. A parent or guardian of a child or an individual with whom a

child has been placed for adoption may transfer custody of the child

to another person with the intent, at the time of the transfer, to

abandon the rights and responsibilities concerning the child only

through:

1. Adoption or guardianship;

2. A judicial award of custody;

3. Placement by or through a child-placing agency; or

4. Any other judicial or tribal action.

C. A person may not receive custody of a child or act as an

intermediary in a transfer of custody of a child, if the person

knows or reasonably should know the transfer violates the

requirements of subsection A of this section. Such prohibition does

not apply if the person, as soon as practicable after the transfer,

notifies the Department of Human Services or the appropriate law

enforcement entity of the transfer, or takes appropriate action to

establish custody under the requirements of subsection B of this

section.

D. A person in violation of this section shall, upon

conviction, be guilty of a misdemeanor.

E. Violation of subsection A of this section is not established

solely because a parent or guardian who transfers custody of a child

does not regain custody.
Okla. Stat. tit. 43, § 43-601-501 — OK Code / Title 43 / Section 43-601-501
Recognition of income-withholding order issued in
Status: in_force

another state.

An income-withholding order issued in another state may be sent

by or on behalf of the obligee, or by the support enforcement

agency, to the person defined as the obligor's employer under the

income-withholding law of this state without first filing a petition

or comparable pleading or registering the order with a tribunal of

this state.
Okla. Stat. tit. 43A, § 43A-3-112 — OK Code / Title 43A / Section 43A-3-112
Membership in organizations or networks to provide
Status: in_force

behavioral health services.

The Department of Mental Health and Substance Abuse Services and

its operating facilities may become members of public or private

behavioral health consortiums, health maintenance organizations,

preferred provider organizations, and hospital or other health care

networks to provide behavioral health services. The Department and

its operating facilities may pay dues or fees assessed for such

membership and are hereby authorized to enter into contracts with

such entities for the purpose of providing mental health or

substance abuse services.
Okla. Stat. tit. 43A, § 43A-504 — OK Code / Title 43A / Section 43A-504
Renumbered as § 6-204 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-182 — OK Code / Title 43A / Section 43A-182
Renumbered as § 8-102 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-702 — OK Code / Title 43A / Section 43A-3-702
Prisoners in need of mental health treatment –
Status: in_force

Determination of ability to consent - Transfer to facility –

Discharge – Costs - Expiration of sentence - Commitment.

When a person confined in a penal or correctional institution or

reformatory of this state is evaluated as provided by law by a

licensed mental health professional to be a person requiring

treatment as defined in Section 1-103 of this title, the district

court may order the inmate’s transfer to a facility, or unit within

the Department of Corrections and make a determination of whether

the inmate is capable of consenting to or refusing treatment that is

ordered including, but not limited to, the right to refuse

medication, pursuant to the laws governing involuntary commitment,

where the inmate shall remain until the person in charge of the

correctional institution or unit, or the physician which received

the inmate determines that the inmate has improved to the point that

the inmate may be discharged pursuant to the laws of this title

governing discharge. If the sentence expires during the time of a

prisoner's involuntary commitment at the correctional institution,

and the prisoner is still a person requiring treatment, the person

in charge of the correctional institution shall immediately

instigate proceedings for commitment to the custody of the

Department of Mental Health and Substance Abuse Services or to a

private facility willing to accept the person for treatment under

the procedures provided in this title.
Okla. Stat. tit. 43A, § 43A-2-109 — OK Code / Title 43A / Section 43A-2-109
Office of Consumer Advocacy - Advocate General and
Status: in_force

staff - Confidentiality of information.

Oklahoma Statutes - Title 43A. Mental Health Page 38

A. The Department of Mental Health and Substance Abuse Services

is authorized and directed to establish the Office of Consumer

Advocacy within the Department of Mental Health and Substance Abuse

Services and to employ such personnel as may be necessary to carry

out the purposes of this section. The Office of Consumer Advocacy

shall have access to facilities operated by, subject to

certification by or under contract with the Department and the

records of such facilities, including but not limited to, records of

individuals receiving services. Records that are confidential under

state and federal law shall be maintained as confidential and not be

redisclosed.

B. The Advocate General and the staff of the Office of Consumer

Advocacy shall not act as attorneys on behalf of individuals

receiving services from facilities operated by, subject to

certification by or under contract with the Department, except that

they shall have the authority to file habeas corpus actions on

behalf of such individuals and appear on their behalf in civil

commitment and criminal post-commitment proceedings, and also appear

on behalf of Department consumers in proceedings for writs of

mandamus.

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

Office of Consumer Advocacy are 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. An order of the court

authorizing the inspection, release or disclosure of information,

records, materials and reports related to investigations by the

Office of Consumer Advocacy 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.
Okla. Stat. tit. 43A, § 43A-2-303 — OK Code / Title 43A / Section 43A-2-303
Department of Mental Health and Substance Abuse
Status: in_force

Services Revolving Fund.

A. 1. 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 "Department of Mental Health and

Substance Abuse Services Revolving Fund".

2. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of monies received by each

facility and office of the Department as:

a. reimbursements from persons and agencies for the care

of consumers,

b. reimbursements from other state agencies and entities

of government,

c. all reimbursements received by the Department from the

United States government or pursuant to proceedings in

district court to enforce claims for the cost of care

and treatment of consumers,

d. earnings and proceeds in the conduct and management of

the dairy, farm, truck, garden, livestock and any

industries of such facilities,

e. receipts from sale of excess byproducts, excess

property and salvage items,

f. certification fees,

g. gifts, donations and bequests, and

h. receipts from other ancillary services, not otherwise

provided by law.

B. 1. All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Department of

Mental Health and Substance Abuse Services for the general operating

expenses of facilities and offices of the Department of Mental Health

and Substance Abuse Services.

Oklahoma Statutes - Title 43A. Mental Health Page 49

2. 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-172 — OK Code / Title 43A / Section 43A-172
Renumbered as § 2-308 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-208 — OK Code / Title 43 / Section 43-551-208
Jurisdiction declined by reason of conduct
Status: in_force

JURISDICTION DECLINED BY REASON OF CONDUCT

A. Except as otherwise provided in Section 16 of this act or by

another law of this state, if a court of this state has jurisdiction

under this act because a person seeking to invoke its jurisdiction

has engaged in unjustifiable conduct, the court shall decline to

exercise its jurisdiction unless:

1. The parents and all persons acting as parents have

acquiesced in the exercise of jurisdiction;

2. A court of the state otherwise having jurisdiction under

Sections 13 through 15 of this act determines that this state is a

more appropriate forum under Section 19 of this act; or

3. No court of any other state would have jurisdiction under

the criteria specified in Sections 13 through 15 of this act.

B. If a court of this state declines to exercise its

jurisdiction pursuant to subsection A of this section, it may

fashion an appropriate remedy to ensure the safety of the child and

prevent a repetition of the unjustifiable conduct, including staying

the proceeding until a child custody proceeding is commenced in a

court having jurisdiction under Sections 13 through 15 of this act.

C. If a court dismisses a petition or stays a proceeding

because it declines to exercise its jurisdiction pursuant to

subsection A of this section, it shall assess against the party

seeking to invoke its jurisdiction necessary and reasonable expenses

including costs, communication expenses, attorney fees,

investigative fees, expenses for witnesses, travel expenses, and

Oklahoma Statutes - Title 43. Marriage and Family Page 153

child care during the course of the proceedings, unless the party

from whom fees are sought establishes that the assessment would be

clearly inappropriate. The court may not assess fees, costs, or

expenses against this state unless authorized by law other than this

act.
Okla. Stat. tit. 43A, § 43A-2-203 — OK Code / Title 43A / Section 43A-2-203
Classifications of employee positions - Exceptions
Status: in_force

The Commissioner of Mental Health and Substance Abuse Services

shall classify as a part of the Merit System of Personnel

Administration all positions for which there are established Merit

System Classifications, except those positions unique to hospital

and clinic functions, those positions held by employees of the

Department of Mental Health and Substance Abuse Services who perform

behavioral health services, those positions in facilities that were

formerly privately operated but are now under the operational and

management control of the Department, or those associated

administrative and support employees whose salaries are paid from

contractual agreements with managed care companies, health

maintenance organizations, preferred provider organizations,

hospital or health care networks, insurance plans, private business

or other government agencies; provided, the employment of personnel

whose salaries are paid from such contractual agreements shall be

limited to the duration of the contracts or renewals thereof under

which such personnel are employed. Provided further, no employee

shall have the salary of that employee decreased as a result of the

classification action herein directed.
Okla. Stat. tit. 43, § 43-150.5 — OK Code / Title 43 / Section 43-150.5
Expedited hearing
Status: in_force

Following a deploying parent’s receiving notice of deployment,

either a deploying parent or nondeploying parent may request an

expedited hearing to be heard within ten (10) days or prior to

deployment, whichever occurs first, on any matter pertaining to

custodial or visitation responsibility. The application shall

include the date on which the deployment began or begins. If the

date of deployment is uncertain, the approximate date shall be

included. The court shall grant a request for an expedited hearing

Oklahoma Statutes - Title 43. Marriage and Family Page 129

if the deploying parent’s ability, or anticipated ability, to appear

in person at a regularly scheduled hearing would be prevented by the

deployment or preparation for the deployment. If the deployed or

deploying parent is seeking the right to designate a family member

to determine visitation, then the name of the family member or

another person with a close and substantial relationship to the

child shall be stated in the application.
Okla. Stat. tit. 43, § 43-150.9 — OK Code / Title 43 / Section 43-150.9
Notification of completion of deployment
Status: in_force

A. The deploying parent shall notify the nondeploying parent of

the completion of the deployment. If the deploying parent is unable

to locate the nondeploying parent, the deploying parent shall notify

the court of the return.

B. A temporary modification order granted in accordance with

the Deployed Parents Custody and Visitation Act shall terminate by

operation of law ten (10) days after notice has been provided to the

Oklahoma Statutes - Title 43. Marriage and Family Page 132

nondeploying parent of the completion of deployment and the original

terms of the prior custody or visitation order shall be

automatically reinstated.
Okla. Stat. tit. 43A, § 43A-7-103 — OK Code / Title 43A / Section 43A-7-103
Clothing and expenses upon release
Status: in_force

No consumer shall be discharged or granted convalescent leave

status from a state hospital without suitable clothing adapted to

the season in which the consumer is discharged or granted

convalescent leave status; and if it cannot be otherwise obtained,

the business manager of the facility shall, upon the order of the

executive director, furnish the same, and reasonable transportation

costs and money not to exceed Twenty-five Dollars ($25.00), to

defray the expenses of the consumer until the consumer can reach

relatives or friends, or find employment to earn a subsistence.
Okla. Stat. tit. 43, § 43-551-301 — OK Code / Title 43 / Section 43-551-301
Definitions
Status: in_force

DEFINITIONS

In this article:

1. "Petitioner" means a person who seeks enforcement of an

order for return of a child under the Hague Convention on the Civil

Aspects of International Child Abduction or enforcement of a child

custody determination.

2. "Respondent" means a person against whom a proceeding has

been commenced for enforcement of an order for return of a child

under the Hague Convention on the Civil Aspects of International

Child Abduction or enforcement of a child custody determination.
Okla. Stat. tit. 43, § 43-118.4 — OK Code / Title 43 / Section 43-118.4
Assignment or transfer of child support benefits –
Status: in_force

Attorney fees.

A. Child support or any claim thereto shall not be directly or

indirectly assigned, except as provided in subsection B of this

section and in subsection C of Section 237 of Title 56 of the

Oklahoma Statutes. Any assignment of child support to the

Department of Human Services shall have first priority over any

prior or subsequent assignment.

B. Child support may be assigned to an attorney for the purpose

of providing legal representation in child support proceedings. The

assignment shall be consistent with the Oklahoma Rules of

Professional Conduct and shall not exceed fifty percent (50%) of the

net amount of the child support collected and remitted to the

obligee.
Okla. Stat. tit. 43A, § 43A-3-201 — OK Code / Title 43A / Section 43A-3-201
Statewide system of precare and aftercare services
Status: in_force

The Commissioner may establish a statewide system of precare and

aftercare services, to include receiving hospital services and

halfway houses, in relation to the admission and discharge of

patients from state mental hospitals. Physical facilities for these

Oklahoma Statutes - Title 43A. Mental Health Page 63

services may be leased, purchased, or constructed by the State of

Oklahoma or donated to the Department of Mental Health and Substance

Abuse Services. Contracts for such services may be negotiated with

professional persons, privately owned facilities, or publicly

operated facilities. These services may be operated separately or

in connection with existing state mental hospitals. These services

shall be used for the care and treatment of the mentally ill,

especially for those whose condition makes it likely that

hospitalization will be necessary and for those patients discharged

from state mental hospitals who require periodic outpatient

supervision and treatment. Such services shall operate in

accordance with the regulations established by the Commissioner.
Okla. Stat. tit. 43A, § 43A-3-417 — OK Code / Title 43A / Section 43A-3-417
Health and safety standards
Status: in_force

A. In addition to the standards for treatment services and

rules of operation required by Section 3-416 of this title, the

Department of Mental Health and Substance Abuse Services shall

establish physical facility standards, fire safety standards and

such other health and safety standards for halfway houses and

transitional living facilities as necessary.

B. The Department of Mental Health and Substance Abuse Services

shall ensure that the standards required by Section 3-415 of this

title include specific physical facility standards providing for

facilities that provide substance abuse treatment services to

pregnant women and women with children when the children also reside

at the facility.
Okla. Stat. tit. 43, § 43-150.8 — OK Code / Title 43 / Section 43-150.8
Court-ordered visitation - Appearance at hearing -
Status: in_force

Rebuttable presumptions.

A. If the deploying parent moves to designate a family member

or another person with a close and substantial relationship with the

child to exercise visitation rights, the court shall grant

reasonable visitation to a member of the family of the child,

including a stepparent or step sibling, with whom the child has a

close and substantial relationship as defined in the Deployed

Parents Custody and Visitation Act.

B. Any visitation ordered by the court pursuant to this section

shall be temporary in nature and shall not exceed or be less than

the amount of custodial time granted to the deploying parent under

any existing permanent order or agreement between the parents, with

the exception that the court may take into account unusual travel

time required to transport the child between the nondeploying parent

and the family members allowed visitation.

C. The person designated by the deploying parent to exercise

visitation shall appear at the temporary order hearing.

D. Rebuttable presumptions for proceedings under the Deployed

Parents Custody and Visitation Act:

1. In postdissolution proceedings, there shall be a rebuttable

presumption that it is in the best interests of the child for a

stepparent to exercise the deployed parent’s parental duties;

2. There shall be a rebuttable presumption that if the person

designated by the deployed or deploying party meets the requirements

of subsection A of this section, then it shall be in the best

interest of the child that the person receive visitation; and

3. There shall be a rebuttable presumption that visitation by a

family member who has perpetrated domestic violence against a

spouse, a child, a domestic living partner, or is otherwise subject

to registration requirements of the Sex Offenders Registration Act

is not in the best interest of the child.

E. Any temporary order issued under the Deployed Parents

Custody and Visitation Act shall be enforced as any other orders

relating to the care, custody and control of the child.
Okla. Stat. tit. 43A, § 43A-10-110.1 — OK Code / Title 43A / Section 43A-10-110.1
Public disclosure
Status: in_force

A. For purposes of this section:

1. “Near death” means the vulnerable adult is in serious or

critical condition, as certified by a physician, as a result of

abuse or neglect; and

2. "Vulnerable adult" shall be defined as provided in Section

10-103 of Title 43A of the Oklahoma Statutes.

B. When a person responsible for the care of a vulnerable adult

has been charged by information or indictment with committing a

crime resulting in the death or near death of the vulnerable adult,

there shall be a presumption that the best interest of the public is

served by public disclosure of certain information concerning:

1. The circumstances of the investigation of the death or near

death of the vulnerable adult; and

2. Any other investigations concerning that vulnerable adult,

or other vulnerable adults living in the same facility, or involving

an individual provider of services to vulnerable adults, within:

a. three (3) years of the death or near death, and

b. one (1) year after the death or near death.

C. 1. At any time subsequent to seven (7) days of the date the

person providing care to the vulnerable adult has been criminally

charged, the Department of Human Services Adult Protective Services

Division, the district attorney, the district court clerk, and the

judge having jurisdiction over the case, upon request, shall release

certain information to the public as follows:

a. a confirmation shall be provided by the Department as

to whether a report has been made concerning the

alleged victim or other vulnerable adults while living

in the same household or facility and whether an

investigation has begun,

b. confirmation shall be provided by the Department as to

whether previous reports have been made and the dates

thereof, a summary of those previous reports, the

Oklahoma Statutes - Title 43A. Mental Health Page 229

dates and outcome of any investigations or actions

taken by the Department in response to a previous

report of abuse or neglect of vulnerable adults, and

the specific recommendation made to the district

attorney and any subsequent action taken by the

district attorney,

c. the dates of any judicial proceedings prior to the

death or near death of the vulnerable adult,

d. recommendations submitted by each participant in

writing at the judicial proceedings including

recommendation made at the hearing as they relate to

appropriate placement of a vulnerable adult, and

e. the rulings of the court.

2. Specific recommendations made and services rendered by the

Department of Human Services Adult Protective Services Division

described in any progress reports of a pending case submitted to the

court may be disclosed by the Department.

D. Any disclosure of information pursuant to this section shall

not identify or provide an identifying description of any

complainant or reporter of vulnerable adult abuse or neglect, and

shall not identify the name of other vulnerable adults in the

household or facility, the person responsible for the care of the

vulnerable adult, or any other member of the facility or household,

other than the person criminally charged.
Okla. Stat. tit. 43A, § 43A-5-207 — OK Code / Title 43A / Section 43A-5-207
Local Law Enforcement Mental Health Manpower Act
Status: in_force

A. Any person who appears to be or states that such person is

mentally ill, alcohol-dependent, or drug-dependent to a degree that

immediate emergency action is necessary may be taken into protective

custody and detained as provided pursuant to the provisions of this

section. Nothing in this section shall be construed as being in

lieu of prosecution under state or local statutes or ordinances

relating to public intoxication offenses.

B. 1. Any peace officer who reasonably believes that a person

is a person requiring treatment as defined in Section 1-103 of this

title shall take the person into protective custody. The officer

shall make every reasonable effort to take the person into custody

in the least conspicuous manner.

2. Upon taking the person into protective custody, the officer

may relinquish custody of the person believed to require treatment

to a duly qualified reserve officer or deputy employed by the same

agency to fulfill the officer’s duties as required by this title.

C. The officer shall prepare a written statement indicating the

basis for the officer’s belief that the person is a person requiring

treatment and the circumstances under which the officer took the

person into protective custody. The officer shall give a copy of

the statement to the person or the person’s attorney upon the

request of either. If the officer does not make the determination

to take an individual into protective custody on the basis of the

officer’s personal observation, the officer shall not be required to

prepare a written statement. However, the person stating to be

Oklahoma Statutes - Title 43A. Mental Health Page 119

mentally ill, alcohol-dependent or drug-dependent or the person upon

whose statement the officer relies shall sign a written statement

indicating the basis for such person’s belief that the person is a

person requiring treatment. Any false statement given to the

officer by the person upon whose statement the officer relies shall

be a misdemeanor and subject to the sanctions of Title 21 of the

Oklahoma Statutes.

D. If the person is medically stable, the officer shall

immediately transport the person to an urgent recovery clinic or to

the nearest facility, as defined in Section 1-103 of this title, for

an initial assessment within a thirty-mile radius of the peace

officer’s operational headquarters, or may request an assessment at

the point of initial contact by the Department of Mental Health and

Substance Abuse Services as provided by subsection A of Section 1-

110 of this title. If, subsequent to an initial assessment, it is

determined that emergency detention is warranted, the person shall

immediately be transported to the nearest facility that is

appropriate for treatment of the individual and has bed space

available if the individual has been determined to be a person

requiring treatment. Transport shall be provided in accordance with

subsection B of Section 1-110 of this title.

E. For the purposes of this section, “urgent recovery clinics”

means clinics that offer voluntary services aimed at the assessment

and immediate stabilization of acute symptoms of mental illness,

alcohol and other drug abuse and emotional distress; provided that,

unless the person consents to a longer duration, no more than

twenty-three (23) hours and fifty-nine (59) minutes of services are

provided to a consumer during one episode of care.

F. If it is determined by the facility director or designee

that the person is not medically stable, the Department shall

immediately transport the person to the nearest hospital or other

appropriate medical facility for medical treatment. A treating

physician may authorize that the person be detained until the person

becomes medically stable. The time limit on the emergency detention

period stipulated under Section 5-208 of this title shall be tolled

until the person who appears to be a person requiring treatment is

medically stabilized. When the person becomes medically stable, if

in the opinion of the treating or discharging physician, the patient

is still a person requiring treatment as defined in Section 1-103 of

this title, the physician shall authorize detention of the patient

for transportation as provided in subsection D of this section.

G. The parent, brother or sister who is eighteen (18) years of

age or older, child who is eighteen (18) years of age or older, or

guardian of the person, or a person who appears to be or states that

such person is mentally ill, alcohol-dependent or drug-dependent to

a degree that emergency action is necessary may request the

administrator of a facility designated by the Commissioner as an

Oklahoma Statutes - Title 43A. Mental Health Page 120

appropriate facility for an initial assessment to conduct an initial

assessment to determine whether the condition of the person is such

that emergency detention is warranted and, if emergency detention is

warranted, to detain the person as provided in Sections 5-206

through 5-209 of this title.
Okla. Stat. tit. 43A, § 43A-2-201 — OK Code / Title 43A / Section 43A-2-201
Commissioner of Mental Health and Substance Abuse
Status: in_force

Services - Qualifications - Salary.

A. A Commissioner of Mental Health and Substance Abuse Services

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

Services. The Commissioner may only be removed by the Board for

cause. The Commissioner shall meet at least one of the following

qualifications:

1. Possession of a Doctor of Medicine Degree and a license to

practice medicine in this state;

2. Possession of an Osteopathic Medicine Degree and a license

to practice medicine in this state;

3. Possession of a Doctor of Public Health Degree;

4. Possession of a Doctoral Degree in Psychology and a license

to practice psychology in this state;

5. Possession of a Master of Public Health Degree and a minimum

of five (5) years of supervisory experience in the administration of

health services; or

6. Possession of a Master of Arts or Master's Degree in

Business Administration, Social Science or a related field and a

minimum of five (5) years of supervisory experience in the

administration of health services.

B. The salary of the Commissioner shall be fixed by the Board.
Okla. Stat. tit. 43A, § 43A-191.1 — OK Code / Title 43A / Section 43A-191.1
Renumbered as § 4-108 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-6-202 — OK Code / Title 43A / Section 43A-6-202
Compact administrator - Powers
Status: in_force

Pursuant to said compact, the Director of the Department of

Mental Health and Substance Abuse Services, shall be ex officio

compact administrator and who, acting jointly with like officers of

other party states, shall have power to promulgate rules and

regulations to carry out more effectively the terms of the compact.

The compact administrator is hereby authorized, empowered and

directed to cooperate with all departments, agencies and officers of

and in the government of this state and its subdivisions in

facilitating the proper administration of the compact of any

supplementary agreement or agreements entered into by this state

thereunder.
Okla. Stat. tit. 43, § 43-425 — OK Code / Title 43 / Section 43-425
Court to hear applications for participation in registry
Status: in_force

within certain time.

The court shall hear applications for inclusion in the child

visitation registry within thirty (30) days after service upon the

nonapplicant.
Okla. Stat. tit. 43A, § 43A-11-104 — OK Code / Title 43A / Section 43A-11-104
Execution - Rights not affected - Presumptions
Status: in_force

A. Any capable person eighteen (18) years of age or older may

execute an advance directive for mental health treatment stating the

mental health treatment wishes of the person in the event the person

is determined to be incapable and mental health treatment is

determined to be necessary as provided by Section 10 of this act.

An advance directive for mental health treatment may include but is

not limited to consent to inpatient mental health treatment.

B. An advance directive for mental health treatment may be

executed by:

1. Executing a declaration; or

2. Appointing an attorney-in-fact; or

3. Both executing a declaration and appointing an attorney-in-

fact. If executed, the appointment of an attorney-in-fact shall be

attached to the declaration.

C. The Advance Directives for Mental Health Treatment Act:

1. Shall not affect the right of an individual to make

decisions about mental health treatment, so long as the individual

is capable; and

Oklahoma Statutes - Title 43A. Mental Health Page 237

2. Creates no presumption concerning the intention of an

individual who has revoked or has not executed an advance directive

for mental health treatment.

D. For the purpose of the Advance Directives for Mental Health

Treatment Act:

1. If a person is incapable at the time of a determination that

mental health treatment is necessary, an advance directive for

mental health treatment executed in accordance with the Advance

Directives for Mental Health Treatment Act is presumed to be valid;

and

2. A physician, psychologist or health care facility may

presume, in the absence of actual notice to the contrary, that a

person who executed an advance directive for mental health treatment

was of sound mind when the advance directive for mental health

treatment was executed.

E. A person shall not be required to execute or to refrain from

executing an advance directive for mental health treatment as a

criterion for insurance, as a condition for receiving mental or

physical health services, or as a condition of discharge from a

health care facility.

F. The fact that a person has executed an advance directive for

mental health treatment shall not constitute an indication of mental

incompetence.
Okla. Stat. tit. 43, § 43-601-712 — OK Code / Title 43 / Section 43-601-712
Permissible uses of personal information
Status: in_force

Personal information gathered or transmitted under this article

may be used only for the purposes for which it was gathered or

transmitted.
Okla. Stat. tit. 43A, § 43A-10-114 — OK Code / Title 43A / Section 43A-10-114
Training for Adult Protective Services specialists –
Status: in_force

Individuals with cognitive impairment.

The Department of Human Services shall require all Adult

Protective Services (APS) specialists to receive training regarding

the recognition of individuals with cognitive impairment, effective

intervention in cases involving the abuse and exploitation of

individuals who are cognitively impaired and securing the safety of

abused and exploited individuals with dementia.
Okla. Stat. tit. 43, § 43-561-201 — OK Code / Title 43 / Section 43-561-201
Definitions
Status: in_force

As used in this article:

1. “Guardian” means a person recognized as a guardian under the

laws of this state; and

2. “Intermediary” means a person that assists or facilitates a

transfer of custody of a child, regardless of whether the person

receives compensation for such assistance or facilitation.
Okla. Stat. tit. 43, § 43-116 — OK Code / Title 43 / Section 43-116
Security, bond or other guarantee for child support
Status: in_force

The district or administrative court may order a person

obligated to support a minor child to post a security, bond, or

other guarantee in a form and amount satisfactory to the court to

ensure the payment of child support.
Okla. Stat. tit. 43, § 43-104.1 — OK Code / Title 43 / Section 43-104.1
District court referees
Status: in_force

A. If funding is available, presiding judges of the district

court may appoint court referees in their judicial districts to hear

designated cases as assigned by the presiding judge.

B. Reasonable compensation for the referees shall be fixed by

that presiding judge.

C. A referee shall meet the requirements and perform their

duties in the same manner and procedure as set forth in Sections 1-

8-103 and 2-2-702 of Title 10A of the Oklahoma Statutes pertaining

to referees appointed in juvenile proceedings.

Oklahoma Statutes - Title 43. Marriage and Family Page 21