Okla. Stat. tit. 43A, § 43A-3-452 — OK Code / Title 43A / Section 43A-3-452
Sentence and punishment - Conditional participation in
Status: in_force

alcohol and drug substance abuse course or program.

Except as otherwise provided by law, in any case in a municipal

or district court of proper jurisdiction wherein the defendant is

charged with actual physical control of or operation of a motor

vehicle while under the influence of or impaired by alcohol or a

drug, the court may:

1. Upon a plea of guilty or nolo contendere, or stipulation by

the defendant, or a verdict, but before a judgment of guilt is

entered, without entering a judgment of guilt and with the consent

of the defendant, defer further proceedings upon the condition that

the defendant enroll in, attend and successfully complete, at his or

her own expense, an alcohol and drug substance abuse course or an

Oklahoma Statutes - Title 43A. Mental Health Page 95

alcohol and drug substance abuse treatment program, or both as

identified by an assessment conducted by a certified assessor; or

2. Upon a conviction, suspend the execution of sentence, with

or without probation, upon the condition that the defendant enroll

in, attend and successfully complete an alcohol and drug substance

abuse course or an alcohol and drug substance abuse treatment

program as provided by Section 3-453 of this title.
Okla. Stat. tit. 43, § 43-120.7 — OK Code / Title 43 / Section 43-120.7
Court expert - Procedures
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 109

A. As used in this section, "court expert" means a parenting

coordinator, guardian ad litem, custody evaluator or any other

person appointed by the court in a custody or visitation proceeding

involving children.

B. Before the court appoints an individual as a court expert,

the following disclosures shall be made by the candidate to the

parties:

1. A disclosure of any prior relationships with any party,

attorney or judge in the pending action;

2. A complete resume disclosing all personal and professional

qualifications to serve as a court expert;

3. Any suspensions from practice, reprimands, or other formal

punishments resulting from an adjudication of complaints filed

against the person with the professional licensing board or other

organization authorized to receive complaints regarding the

performance of the individual in question; and

4. Any criminal convictions within the past ten (10) years and

inclusion on any sexual offender list.

C. A party may file an objection to the appointment of a

proposed court expert within fifteen (15) days after the receipt of

the disclosures required by subsection B of this section. Upon

filing an objection to the proposed court expert, the court shall

set the matter for hearing. If requested, the party objecting to

the appointment of the proposed court expert shall be entitled to

discovery related to the qualifications and appropriateness of the

proposed court expert prior to hearing.

D. In any case involving domestic violence, stalking or

harassment as defined by paragraph 2 of subsection I of Section 109

of this title, the court expert shall have completed sixteen (16)

hours of domestic violence training that includes, but is not

limited to, information regarding the danger and lethality of

domestic violence, the causes and dynamics of domestic violence, the

impact of domestic violence upon victims and children, and the

characteristics of a batterer as a parent.
Okla. Stat. tit. 43A, § 43A-422 — OK Code / Title 43A / Section 43A-422
Renumbered as § 2-215 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-903 — OK Code / Title 43 / Section 43-601-903
Severability of act
Status: in_force

If any provision of this act or its application to any person or

circumstance is held invalid, the invalidity does not affect other

provisions or applications of this act which can be given effect

without the invalid provision or application, and to this end the

provisions of this act are severable.
Okla. Stat. tit. 43, § 43-601-101 — OK Code / Title 43 / Section 43-601-101
Short title - Uniform Interstate Family Support Act
Status: in_force

This act may be cited as the "Uniform Interstate Family Support

Act".
Okla. Stat. tit. 43, § 43-551-207 — OK Code / Title 43 / Section 43-551-207
Inconvenient forum
Status: in_force

INCONVENIENT FORUM

A. A court of this state which has jurisdiction under this act

to make a child custody determination may decline to exercise its

jurisdiction at any time if it determines that it is an inconvenient

forum under the circumstances and that a court of another state is a

more appropriate forum. The issue of inconvenient forum may be

raised upon the motion of a party, the court's own motion, or

request of another court.

B. Before determining whether it is an inconvenient forum, a

court of this state shall consider whether it is appropriate for a

court of another state to exercise jurisdiction. For this purpose,

the court shall allow the parties to submit information and shall

consider all relevant factors, including:

1. Whether domestic violence has occurred and is likely to

continue in the future and which state could best protect the

parties and the child;

2. The length of time the child has resided outside this state;

3. The distance between the court in this state and the court

in the state that would assume jurisdiction;

4. The relative financial circumstances of the parties;

Oklahoma Statutes - Title 43. Marriage and Family Page 152

5. Any agreement of the parties as to which state should assume

jurisdiction;

6. The nature and location of the evidence required to resolve

the pending litigation, including testimony of the child;

7. The ability of the court of each state to decide the issue

expeditiously and the procedures necessary to present the evidence;

and

8. The familiarity of the court of each state with the facts

and issues in the pending litigation.

C. If a court of this state determines that it is an

inconvenient forum and that a court of another state is a more

appropriate forum, it shall stay the proceedings upon condition that

a child custody proceeding be promptly commenced in another

designated state and may impose any other condition the court

considers just and proper.

D. A court of this state may decline to exercise its

jurisdiction under this act if a child custody determination is

incidental to an action for divorce or another proceeding while

still retaining jurisdiction over the divorce or other proceeding.
Okla. Stat. tit. 43, § 43-601-707 — OK Code / Title 43 / Section 43-601-707
Contest of a registered convention support order
Status: in_force

A. Except as otherwise provided in this article, Sections 601-

605 through 601-608 of Title 43 of the Oklahoma Statutes apply to a

contest of a registered convention support order.

B. A party contesting a registered convention support order

shall file a contest not later than thirty (30) days after notice of

the registration, but if the contesting party does not reside in the

United States, the contest must be filed not later than sixty (60)

days after notice of the registration.

C. If the nonregistering party fails to contest the registered

convention support order by the time specified in subsection B of

this section, the order is enforceable.

D. A contest of a registered convention support order may be

based only on grounds set forth in Section 601-708 of Title 43 of

the Oklahoma Statutes. The contesting party bears the burden of

proof.

E. In a contest of a registered convention support order, a

tribunal of this state:

1. Is bound by the findings of fact on which the foreign

tribunal based its jurisdiction; and

2. May not review the merits of the order.

F. A tribunal of this state deciding a contest of a registered

convention support order shall promptly notify the parties of its

decision.

G. A challenge or appeal, if any, does not stay the enforcement

of a convention support order unless there are exceptional

circumstances.
Okla. Stat. tit. 43A, § 43A-11-106 — OK Code / Title 43A / Section 43A-11-106
Form of advance directive - Designation and authority
Status: in_force

of attorney-in-fact.

A. A declaration stating the mental health treatment wishes of

the declarant executed in accordance with the provisions of this act

shall be substantially in the form provided by subsection E of this

section.

B. A declarant may designate a capable person eighteen (18)

years of age or older to act as attorney-in-fact to make mental

health treatment decisions. An alternative attorney-in-fact may

also be designated to act as attorney-in-fact if the original

attorney-in-fact is unable or unwilling to act at any time. An

appointment of an attorney-in-fact shall be substantially in the

form provided by subsection E of this section.

C. An attorney-in-fact who has accepted the appointment in

writing shall have authority to make decisions, in consultation with

the attending physician or psychologist, about mental health

treatment on behalf of the declarant only when the declarant is

certified as incapable and to require mental health treatment as

provided by Section 10 of this act.

1. These decisions shall be consistent with any wishes or

instructions the declarant has expressed in the declaration. If the

wishes or instructions of the declarant are not expressed, the

attorney-in-fact shall act in what the attorney-in-fact believes to

be in the best interest of the declarant.

2. The attorney-in-fact may consent to inpatient mental health

treatment on behalf of the declarant if so authorized in the advance

directive for mental health treatment.

D. An attorney-in-fact may withdraw by giving notice to the

declarant. If a declarant is incapable, the attorney-in-fact may

withdraw by giving notice to the named alternative attorney-in-fact

if any, and if none then to the attending physician or provider.

The attending physician or provider shall note the withdrawal of the

last named attorney-in-fact as part of the declarant's medical

record.

E. An advance directive for mental health treatment shall be

notarized and shall be in substantially the following form:

ADVANCE DIRECTIVE FOR MENTAL HEALTH TREATMENT

I, _____________________, being of sound mind and eighteen (18)

years of age or older, willfully and voluntarily make known my

wishes about mental health treatment, by my instructions to others

through my advance directive for mental health treatment, or by my

appointment of an attorney-in-fact, or both. I thus do hereby

declare:

I. DECLARATION FOR MENTAL HEALTH TREATMENT

If my attending physician or psychologist and another physician

or psychologist determine that my ability to receive and evaluate

information effectively or communicate decisions is impaired to such

Oklahoma Statutes - Title 43A. Mental Health Page 239

an extent that I lack the capacity to refuse or consent to mental

health treatment and that mental health treatment is necessary, I

direct my attending physician or psychologist and other health care

providers, pursuant to the Advance Directives for Mental Health

Treatment Act, to provide the mental health treatment I have

indicated below by my signature.

I understand that "mental health treatment" means convulsive

treatment, treatment with psychoactive medication, and admission to

and retention in a health care facility for a period up to twenty-

eight (28) days.

I direct the following concerning my mental health

care:___________________________________________________

________________________________________________________________

I further state that this document and the information contained

in it may be released to any requesting licensed mental health

professional.

____________________________ ___________________

Declarant's Signature Date

____________________________ ___________________

Witness 1 Date

____________________________ ___________________

Witness 2 Date

II. APPOINTMENT OF ATTORNEY-IN-FACT

If my attending physician or psychologist and another physician

or psychologist determine that my ability to receive and evaluate

information effectively or communicate decisions is impaired to such

an extent that I lack the capacity to refuse or consent to mental

health treatment and that mental health treatment is necessary, I

direct my attending physician or psychologist and other health care

providers, pursuant to the Advance Directives for Mental Health

Treatment Act, to follow the instructions of my attorney-in-fact.

I hereby appoint:

NAME _____________________________________

ADDRESS __________________________________

TELEPHONE #_______________________________

to act as my attorney-in-fact to make decisions regarding my mental

health treatment if I become incapable of giving or withholding

informed consent for that treatment.

If the person named above refuses or is unable to act on my

behalf, or if I revoke that person's authority to act as my

attorney-in-fact, I authorize the following person to act as my

attorney-in-fact:

NAME ______________________________________

ADDRESS ___________________________________

TELEPHONE #________________________________

My attorney-in-fact is authorized to make decisions which are

consistent with the wishes I have expressed in my declaration. If

Oklahoma Statutes - Title 43A. Mental Health Page 240

my wishes are not expressed, my attorney-in-fact is to act in what

he or she believes to be my best interest.

_______________________________________

(Signature of Declarant/Date)

III. CONFLICTING PROVISION

I understand that if I have completed both a declaration and

have appointed an attorney-in-fact and if there is a conflict

between my attorney-in-fact's decision and my declaration, my

declaration shall take precedence unless I indicate otherwise.

____________________ ___________ (signature)

IV. OTHER PROVISIONS

a. In the absence of my ability to give directions regarding my

mental health treatment, it is my intention that this advance

directive for mental health treatment shall be honored by my family

and physicians or psychologists as the expression of my legal right

to consent or to refuse to consent to mental health treatment.

b. This advance directive for mental health treatment shall be

in effect until it is revoked.

c. I understand that I may revoke this advance directive for

mental health treatment at any time.

d. I understand and agree that if I have any prior advance

directives for mental health treatment, and if I sign this advance

directive for mental health treatment, my prior advance directives

for mental health treatment are revoked.

e. I understand the full importance of this advance directive

for mental health treatment and I am emotionally and mentally

competent to make this advance directive for mental health

treatment.

Signed this _____ day of__________, 19 __

___________________________________

(Signature)

___________________________________

City, County and State of Residence

This advance directive was signed in my presence.

___________________________________

(Signature of Witness)

___________________________________

(Address)

___________________________________

(Signature of Witness)

___________________________________

(Address)
Okla. Stat. tit. 43A, § 43A-6-203 — OK Code / Title 43A / Section 43A-6-203
Supplemental agreements
Status: in_force

The compact administrator is hereby authorized and empowered to

enter into supplementary agreements with appropriate officials of

other states pursuant to Articles VII and XI of the compact. In the

event that such supplementary agreements shall require or

contemplate the use of any institution or facility of this state or

require or contemplate the provision of any service by this state,

no such agreement shall have force or effect until approved by the

head of the department or agency under whose jurisdiction said

institution or facility is operated or whose department or agency

will be charged with the rendering of such service.
Okla. Stat. tit. 43, § 43-561-102 — OK Code / Title 43 / Section 43-561-102
Definitions
Status: in_force

As used in this act:

1. “Child” means an unemancipated individual under eighteen

(18) years of age;

2. “Child-placing agency” means a person with authority under

the laws of this state to identify or place a child for adoption.

Child-placing agency does not include a parent of the child;

3. “Custody” means the exercise of physical care and

supervision of a child;

4. “Intercountry adoption” means an adoption or placement for

adoption of a child who resides in a foreign country at the time of

adoption or placement, which includes an adoption finalized in the

child’s country of residence or in a state;

5. “Parent” means an individual recognized as a parent under

the laws of this state;

6. “Person” means an individual, estate, business or nonprofit

entity, public corporation, government or governmental subdivision,

agency, or instrumentality, or other legal entity;

7. “Record” means information:

a. inscribed on a tangible medium, or

Oklahoma Statutes - Title 43. Marriage and Family Page 163

b. stored in an electronic or other medium and

retrievable in perceivable form; and

8. “State” means a state of the United States, the District of

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

other territory or possession subject to the jurisdiction of the

United States, including a federally recognized Indian tribe.
Okla. Stat. tit. 43A, § 43A-11-109 — OK Code / Title 43A / Section 43A-11-109
Revocation - Actual notice
Status: in_force

A. An advance directive for mental health treatment may be

revoked in whole or in part by the declarant at any time while the

declarant is capable by any of the following methods:

1. By being destroyed by the declarant or by some person in the

declarant's presence and at the declarant's direction;

2. By a written revocation signed and dated by the declarant

expressing the declarant's intent to revoke;

3. By a declarant's unambiguous verbal expression, in the

presence of two witnesses eighteen (18) years of age or older, of an

intent to revoke the declaration; or

4. By a declarant's unambiguous verbal expression to an

attending physician or psychologist.

B. The revocation shall become effective upon communication to

the attending physician or psychologist by the declarant or by both

witnesses. The attending physician or psychologist shall record the

time, date, and place when the notification of the revocation was

received.

C. In the absence of actual notice of the revocation of an

advance directive for mental health treatment, no attending

physician or psychologist, health care facility or other person

acting under the direction of an attending physician or psychologist

shall be subject to criminal prosecution or civil liability or be

deemed to have engaged in unprofessional conduct as a result of the

provision of medical treatment to a declarant in accordance with the

Advance Directives for Mental Health Treatment Act unless the

Oklahoma Statutes - Title 43A. Mental Health Page 243

absence of actual notice resulted from the negligence of the health

care provider, physician, or other person.
Okla. Stat. tit. 43A, § 43A-59 — OK Code / Title 43A / Section 43A-59
Renumbered as § 6-103 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-107.2 — OK Code / Title 43 / Section 43-107.2
Actions where minor child involved - Court-ordered
Status: in_force

educational program.

Oklahoma Statutes - Title 43. Marriage and Family Page 23

A. Except as provided in subsection B of this section, in all

actions for divorce, separate maintenance, guardianship, paternity,

custody or visitation, including modifications or enforcements of a

prior court order, where the interest of a child under eighteen (18)

years of age is involved, the court may require all adult parties to

attend an educational program concerning, as appropriate, the impact

of separate parenting and coparenting on children, the implications

for visitation and conflict management, development of children,

separate financial responsibility for children and such other

instruction as deemed necessary by the court. The program shall be

educational in nature and not designed for individual therapy.

B. In actions for divorce based upon incompatibility filed on

or after November 1, 2014, where the interest of a child under

eighteen (18) years of age is involved, the adult parties shall

attend, either separately or together, an educational program

concerning the impact of divorce on children. The program shall

include the following components:

1. Short-term and longitudinal effects of divorce on child

well-being;

2. Reconciliation as an optional outcome;

3. Effects of family violence;

4. Potential child behaviors and emotional states during and

after divorce including information on how to respond to the child's

needs;

5. Communication strategies to reduce conflict and facilitate

cooperative coparenting; and

6. Area resources, including but not limited to nonprofit

organizations or religious entities available to address issues of

substance abuse or other addictions, family violence, behavioral

health, individual and couples counseling, and financial planning.

Program attendees shall be required to pay a fee of not less

than Ten Dollars ($10.00) and not more than Sixty Dollars ($60.00)

to the program provider to offset the costs of the program. The fee

may be waived by the court if an attendee uses a qualified program

that is provided free of charge. Nothing in this paragraph shall

prohibit a third party from paying the fee to the program provider

for an attendee. A certificate of completion shall be issued upon

satisfying the attendance and fee requirements of the program, and

the certificate of completion shall be filed with the court. The

program provider shall carry general liability insurance and

maintain an accurate accounting of all business transactions and

funds received in relation to the program. The program shall be

completed prior to the temporary order or within forty-five (45)

days of receiving a temporary order. However, and in all events, a

final disposition of child custody shall not be granted until the

parties complete the program required by this subsection. The court

may waive attendance of the program for good cause shown which shall

Oklahoma Statutes - Title 43. Marriage and Family Page 24

include, but not be limited to, where domestic violence, stalking or

harassment as defined by paragraph 2 of subsection I of Section 109

of this title occurred during the marriage.

C. Each judicial district may adopt its own local rules

governing the programs.

D. The Administrative Office of the Courts may enter into a

memorandum of understanding with a state entity or other

organization in order to compile data including but not limited to

the number of actions for divorce that were dismissed after

participating in the program, the number of programs that were

completed and the number of program participants for each fiscal

year. The report shall include data collected from each judicial

district. The report shall be published on the Administrative

Office of the Courts website and distributed to the Governor,

Speaker of the House of Representatives, Minority Leader of the

House of Representatives, President Pro Tempore of the Senate and

Minority Leader of the Senate.
Okla. Stat. tit. 43, § 43-120.2 — OK Code / Title 43 / Section 43-120.2
Definitions
Status: in_force

As used in the Parenting Coordinator Act:

1. “Parenting coordinator” means an impartial third party

qualified pursuant to subsection A of Section 120.6 of this title

appointed by the court to assist parties in resolving issues and

deciding disputed issues pursuant to the provisions of the Parenting

Oklahoma Statutes - Title 43. Marriage and Family Page 106

Coordinator Act relating to parenting and other family issues in any

action for dissolution of marriage, legal separation, paternity, or

guardianship where a minor child is involved; and

2. “High-conflict case” means any action for dissolution of

marriage, legal separation, paternity, or guardianship where minor

children are involved and the parties demonstrate a pattern of

ongoing:

a. litigation,

b. anger and distrust,

c. verbal abuse,

d. physical aggression or threats of physical aggression,

e. difficulty in communicating about and cooperating in

the care of their children, or

f. conditions that in the discretion of the court warrant

the appointment of a parenting coordinator.
Okla. Stat. tit. 43, § 43-601-605 — OK Code / Title 43 / Section 43-601-605
Notice of registration of order
Status: in_force

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

another state or a foreign support order is registered, the

registering tribunal of this state shall notify the nonregistering

party. The notice must be accompanied by a copy of the registered

order and the documents and relevant information accompanying the

order.

B. A notice must inform the nonregistering party:

1. That a registered order is enforceable as of the date of

registration in the same manner as an order issued by a tribunal of

this state;

2. That a hearing to contest the validity or enforcement of the

registered order must be requested within twenty (20) days after

notice unless the registered order is under Section 601-707 of this

title;

3. That failure to contest the validity or enforcement of the

registered order in a timely manner will result in confirmation of

the order and enforcement of the order and the alleged arrearages;

and

4. Of the amount of any alleged arrearages.

C. If the registering party asserts that two or more orders are

in effect, a notice shall also:

Oklahoma Statutes - Title 43. Marriage and Family Page 198

1. Identify the two or more orders and the order alleged by the

registering party to be the controlling order and the consolidated

arrears, if any;

2. Notify the nonregistering party of the right to a

determination of which is the controlling order;

3. State that the procedures provided in subsection B of this

section apply to the determination of which is the controlling

order; and

4. State that failure to contest the validity or enforcement of

the order alleged to be the controlling order in a timely manner may

result in confirmation that the order is the controlling order.

D. Upon registration of an income-withholding order for

enforcement, the support enforcement agency or the registering

tribunal shall notify the obligor's employer pursuant to the income-

withholding law of this state.
Okla. Stat. tit. 43A, § 43A-64 — OK Code / Title 43A / Section 43A-64
Renumbered as § 1-105 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-310 — OK Code / Title 43 / Section 43-551-310
Hearing and order
Status: in_force

HEARING AND ORDER

A. Unless the court issues a temporary emergency order pursuant

to Section 16 of this act, upon a finding that a petitioner is

entitled to immediate physical custody of the child, the court shall

order that the petitioner may take immediate physical custody of the

child unless the respondent 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 of a state 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.

B. The court shall award the fees, costs, and expenses

authorized under Section 34 of this act and may grant additional

relief, including a request for the assistance of law enforcement

officials, and set a further hearing to determine whether additional

relief is appropriate.

C. If a party called to testify refuses to answer on the ground

that the testimony may be self-incriminating, the court may draw an

adverse inference from the refusal.

D. A privilege against disclosure of communications between

spouses and a defense of immunity based on the relationship of

husband and wife or parent and child may not be invoked in a

proceeding under this article.
Okla. Stat. tit. 43, § 43-551-316 — OK Code / Title 43 / Section 43-551-316
Role of law enforcement
Status: in_force

ROLE OF LAW ENFORCEMENT

At the request of a district attorney acting under Section 37 of

this act, a law enforcement officer may take any lawful action

reasonably necessary to locate a child or a party and assist the

district attorney with responsibilities under Section 37 of this

act.
Okla. Stat. tit. 43A, § 43A-3-301 — OK Code / Title 43A / Section 43A-3-301
Short title
Status: in_force

Sections 3-301 through 3-319 of this title shall be known as the

"Unified Community Mental Health Services Act".
Okla. Stat. tit. 43, § 43-106 — OK Code / Title 43 / Section 43-106
Response
Status: in_force

A. The respondent, in his or her response, may allege a cause

for a dissolution of marriage, annulment of the marriage or legal

separation against the petitioner, and may have the same relief

thereupon as he or she would be entitled to for a like cause if he

or she were the petitioner.

B. When new matter is set up in the answer, it shall be

verified as to such new matter by the affidavit of the respondent.

R.L. 1910, § 4965. Renumbered from § 1274 of Title 12 by Laws 1989,

c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 4,

eff. Nov. 1, 2002; Laws 2003, c. 302, § 2, emerg. eff. May 28, 2003.
Okla. Stat. tit. 43A, § 43A-804 — OK Code / Title 43A / Section 43A-804
Renumbered as § 10-104 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-560 — OK Code / Title 43A / Section 43A-560
Renumbered as § 5-302 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 264
Okla. Stat. tit. 43, § 43-571-110 — OK Code / Title 43 / Section 43-571-110
Time limitations for abduction prevention order
Status: in_force

An abduction prevention order remains in effect until the

earliest of the:

1. Time stated in the order;

2. Emancipation of the child;

3. Child attaining eighteen (18) years of age; or

4. Time the order is modified, revoked, vacated, or superseded

by a court with jurisdiction under Sections 551-201, 551-202, and

551-203 of Title 43 of the Oklahoma Statutes or other applicable

laws of this state.
Okla. Stat. tit. 43A, § 43A-10-109 — OK Code / Title 43A / Section 43A-10-109
Utilization of available services
Status: in_force

A. In providing any of the duties set forth in this act, the

Department of Human Services may provide direct protective services.

B. The Department may contract with any public or private

agency for the provision of protective services.

C. The Department shall utilize to the extent appropriate and

available existing resources and services of public and nonprofit

private agencies in providing protective services. The Department

shall make maximum use of volunteers and church groups whenever

feasible.
Okla. Stat. tit. 43A, § 43A-5-310 — OK Code / Title 43A / Section 43A-5-310
Mental Health Law provisions applicable
Status: in_force

Unless otherwise provided by law, the provisions of the Mental

Health Law shall be applicable to consumers admitted to state mental

hospitals under the provisions of the Mental Hospital Voluntary

Admission Procedures Act.
Okla. Stat. tit. 43, § 43-109.1 — OK Code / Title 43 / Section 43-109.1
Custody during parents' separation
Status: in_force

If the parents of a minor unmarried child are separated without

being divorced, the judge of the district court, upon application of

either parent, may issue any civil process necessary to inquire into

the custody of said minor unmarried child. The court may award the

custody of said child to either party or both, in accordance with

the best interests of the child, for such time and pursuant to such

regulations as the case may require. The decision of the judge

shall be guided by the rules prescribed in Section 2 of this act.

R.L. 1910, § 4384. Amended by Laws 1975, c. 352, § 1, emerg. eff.

June 12, 1975; Laws 1983, c. 269, § 1, operative July 1, 1983.

Renumbered from Title 10, § 21 by Laws 1990, c. 188, § 4, eff. Sept.

1, 1990.
Okla. Stat. tit. 43, § 43-601-211 — OK Code / Title 43 / Section 43-601-211
Modification of spousal support order - Request for
Status: in_force

enforcement to tribunal of another state or foreign country

A. A tribunal of this state issuing a spousal support order

consistent with the law of this state has continuing, exclusive

jurisdiction to modify the spousal support order throughout the

existence of the support obligation.

B. A tribunal of this state may not modify a spousal support

order issued by a tribunal of another state or a foreign country

having continuing, exclusive jurisdiction over that order under the

law of that state or a foreign country.

C. A tribunal of this state that has continuing, exclusive

jurisdiction over a spousal support order may serve as:

1. An initiating tribunal to request a tribunal of another

state to enforce the spousal support order issued in this state; or

2. A responding tribunal to enforce or modify its own spousal

support order.
Okla. Stat. tit. 43, § 43-150.7 — OK Code / Title 43 / Section 43-150.7
Permissible court orders
Status: in_force

A. A court that renders an order on custodial responsibility

under the Deployed Parents Custody and Visitation Act may, on motion

of either party and with appropriate jurisdiction under the Uniform

Interstate Family Support Act ("UIFSA"):

1. Enter a temporary order for child support consistent with

Oklahoma Child Support Guidelines; and

2. Require the deploying parent to enroll the child to receive

military dependent benefits.

B. Any order entered on child support pursuant to this section

shall state that such order shall terminate following the child’s

return to the deploying parent upon conclusion of deployment.

Oklahoma Statutes - Title 43. Marriage and Family Page 131
Okla. Stat. tit. 43A, § 43A-6-204 — OK Code / Title 43A / Section 43A-6-204
Discharge of financial obligations
Status: in_force

The compact administrator, subject to the approval of the State

Budget Director, may make or arrange for any payments necessary to

discharge any financial obligations imposed upon this state by the

compact or by any supplementary agreement entered into thereunder,

and said payments shall be made from monies appropriated to the

Department of Mental Health and Substance Abuse Services.
Okla. Stat. tit. 43, § 43-121 — OK Code / Title 43 / Section 43-121
Restoration of maiden or former name - Alimony - Division
Status: in_force

of property.

A. When a dissolution of marriage is granted, the decree shall

restore:

1. To the wife her maiden or former name, if her name was

changed as a result of the marriage and if she so desires;

2. To the husband his former name, if his name was changed as a

result of the marriage and if he so desires.

B. The court shall enter its decree confirming in each spouse

the property owned by him or her before marriage and the undisposed-

Oklahoma Statutes - Title 43. Marriage and Family Page 110

of property acquired after marriage by him or her in his or her own

right. Either spouse may be allowed such alimony out of real and

personal property of the other as the court shall think reasonable,

having due regard to the value of such property at the time of the

dissolution of marriage. Alimony may be allowed from real or

personal property, or both, or in the form of money judgment,

payable either in gross or in installments, as the court may deem

just and equitable. As to such property, whether real or personal,

which has been acquired by the parties jointly during their

marriage, whether the title thereto be in either or both of said

parties, the court shall, subject to a valid antenuptial contract in

writing, make such division between the parties as may appear just

and reasonable, by a division of the property in kind, or by setting

the same apart to one of the parties, and requiring the other

thereof to be paid such sum as may be just and proper to effect a

fair and just division thereof. The court may set apart a portion

of the separate estate of a spouse to the other spouse for the

support of the children of the marriage where custody resides with

that spouse.

C. A servicemember’s portion of Special Monthly Compensation

(SMC) awarded by or from the United States Department of Veterans

Affairs for service-connected loss or loss of use of specific organs

or extremities shall be separate property, not divisible as a

marital asset nor as community property. For purposes of

identifying SMC, it is the sole responsibility of the servicemember

to prove with competent evidence what amount of his or her

disability compensation is SMC.

D. A servicemember's portion of Combat-Related Special

Compensation (CRSC) shall be separate property, not divisible as a

marital asset nor as community property, if a specific dollar amount

of CRSC can be proved by the servicemember as compensation for

combat-related loss of limb or loss of bodily function and the CRSC

award was applied for and established prior to the date of the

filing of the dissolution of marriage action.

E. Pursuant to the federal Uniformed Services Former Spouses'

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

disposable retired or retainer pay payable to a military member

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

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

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

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

clear and concise written findings of such determination to be

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

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

marital property, the court shall submit clear and concise written

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

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

Oklahoma Statutes - Title 43. Marriage and Family Page 111

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

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

economic separation of the parties.

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

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

use the following language:

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

disposable military retired pay, to be computed by multiplying fifty

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

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

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

military service."

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

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

retirement or retainer pay shall use the following language:

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

disposable military retired pay, to be computed by multiplying fifty

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

__X____reserve retirement points earned during the period of the

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

points earned."
Okla. Stat. tit. 43A, § 43A-65 — OK Code / Title 43A / Section 43A-65
Renumbered as § 7-113 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-201 — OK Code / Title 43 / Section 43-201
Mutual obligations
Status: in_force

Husband and wife contract towards each other obligations of

mutual respect, fidelity and support.
Okla. Stat. tit. 43A, § 43A-5-509 — OK Code / Title 43A / Section 43A-5-509
Filing of petition - Contents - Proposed individual
Status: in_force

treatment plan.

Oklahoma Statutes - Title 43A. Mental Health Page 173

A. A petition alleging a minor to be a minor in need of

treatment shall be filed by a district attorney and may be filed by

a district attorney only after receipt and review of the mental

health evaluation conducted by a licensed mental health professional

stating that in the opinion of the professional the minor has a

demonstrable mental illness or is drug or alcohol dependent and as a

result of that mental illness or drug or alcohol dependence can be

expected within the near future to inflict or attempt to inflict

serious bodily harm to himself or herself or another person if

services are not provided, and upon the request of:

1. A parent, a public or private child care agency having legal

custody of the minor, or a mental health or substance abuse

treatment facility; or

2. When the minor is a ward of the court, the Department of

Human Services, the Office of Juvenile Affairs or juvenile bureau

having supervision of the case or by the parent of the minor with

the consent of the applicable agency, or juvenile bureau having

supervision of the case.

B. If after receipt and review of the mental health evaluation

conducted by a licensed mental health professional:

1. The district attorney declines to file a petition, the

district attorney must immediately notify the requesting facility,

in writing, of the refusal to file. Then the minor shall be

discharged to the custody of the consenting parent or public or

private agency having custody of the minor; or

2. The petition is filed, a copy of the mental health

evaluation conducted by the licensed mental health professional

shall be attached to the petition and notice shall be given as

provided by Section 5-510 of this title.

C. 1. The proceeding shall be entitled "In the matter of

____________, a minor alleged to be in need of inpatient mental

health or substance abuse treatment".

2. The petition shall allege that the minor has a demonstrable

mental illness or is drug or alcohol dependent and as a result of

that mental illness or drug or alcohol dependence can be expected

within the near future to inflict or attempt to inflict serious

bodily harm to himself or herself, or another person if services are

not provided and has engaged in one or more recent overt acts or

made significant recent threats which substantially support that

expectation and shall be verified and may be based upon information

and belief. The petition shall set forth:

a. with particularity the facts which bring the minor

within the purview of the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act,

b. the name, age and residence of the minor,

c. the names and residences of the parents of the minor,

Oklahoma Statutes - Title 43A. Mental Health Page 174

d. the name and residence of the legal guardian of the

minor, if one,

e. the name and residence of the person or persons having

custody or control of the minor,

f. the name and residence of the nearest known relative,

if no parent or guardian can be found,

g. the relief requested, and

h. an endorsement of witnesses intended to be called by

the petitioner.

D. Upon the filing of a petition pursuant to this section, if

the minor has been admitted to a facility, the facility shall ensure

that a proposed individual treatment plan for the minor is prepared

and submitted to the court at least twenty-four (24) hours prior to

the time set for the hearing.
Okla. Stat. tit. 43, § 43-561-205 — OK Code / Title 43 / Section 43-561-205
Prohibited solicitation or advertisement
Status: in_force

A. A person shall not solicit or advertise to:

1. Identify a person to which to make a transfer of custody in

violation of subsection A of Section 6 of this act;

2. Identify a child for a transfer of custody in violation of

subsection C of Section 6 of this act; or

3. Act as an intermediary in a transfer of custody in violation

of subsection C of Section 6 of this act.

B. A person in violation of this section shall, upon

conviction, be guilty of a misdemeanor.
Okla. Stat. tit. 43A, § 43A-10-104 — OK Code / Title 43A / Section 43A-10-104
See the following versions:
Status: in_force

OS 43A-10-104v1 (HB 1681, Laws 2003, c. 332, § 3)

OS 43A-10-104v2 (SB 949, Laws 2025, c. 215, § 5)
Okla. Stat. tit. 43, § 43-601-709 — OK Code / Title 43 / Section 43-601-709
Severability of convention support orders
Status: in_force

If a tribunal of this state does not recognize and enforce a

convention support order in its entirety, it shall enforce any

severable part of the order. An application or direct request may

Oklahoma Statutes - Title 43. Marriage and Family Page 208

seek recognition and partial enforcement of a convention support

order.
Okla. Stat. tit. 43A, § 43A-15 — OK Code / Title 43A / Section 43A-15
Renumbered as § 2-204 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-181 — OK Code / Title 43A / Section 43A-181
Renumbered as § 8-101 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-10-104v2 — OK Code / Title 43A / Section 43A-10-104v2
Persons required to report abuse, neglect, or exploitation - Penalty - Immunity -
Status: in_force

Civil liability for false reports - Disclosure of health information - Reporting of suspicious deaths -exploitation - Penalty - Immunity - Civil liability for false

reports - Disclosure of health information - Reporting of suspicious

deaths - Impairment of employment prohibited.

A. Any person having reasonable cause to believe that a

vulnerable adult is suffering from abuse, neglect, or exploitation

shall make a report as soon as the person is aware of the situation

to:

1. The Department of Human Services;

2. The Office of Client Advocacy within the State Department of

Health; or

3. The municipal police department or sheriff’s office in the

county in which the suspected abuse, neglect, or exploitation

occurred.

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;

6. Long-term care facility personnel, including staff of

nursing facilities, intermediate care facilities for individuals

with intellectual disabilities (ICFs/IID), assisted living

facilities, and residential care facilities;

7. Other health care professionals;

8. Persons entering into transactions with a caretaker or other

person who has assumed the role of financial management for a

vulnerable adult;

9. Staff of residential care facilities, group homes, or

employment settings for individuals with intellectual disabilities;

10. Job coaches, community service workers, and personal care

assistants; and

11. Municipal employees.

C. 1. If the report is not made in writing in the first

instance, as soon as possible after it is initially made by

telephone or otherwise, the report shall be reduced to writing by

Oklahoma Statutes - Title 43A. Mental Health Page 207

the Department of Human Services in accordance with rules

promulgated by the Director of Human Services, by the Office of

Client Advocacy in accordance with rules promulgated by the State

Commissioner of Health, or by the local municipal police or

sheriff’s department, whichever entity received the initial report.

The report shall contain the following information:

a. the name and address of the vulnerable adult,

b. the name and address of the caretaker, guardian, or

person having power of attorney over the vulnerable

adult’s resources if any,

c. a description of the current location of the

vulnerable adult,

d. a description of the current condition of the

vulnerable adult, and

e. a description of the situation which may constitute

abuse, neglect or exploitation of the vulnerable

adult.

2. If federal law specifically prohibits the disclosure of any

of the information required by this subsection, that information may

be excluded from the report.

D. 1. If the initial report is made to the local municipal

police department or sheriff’s office, such police department or

sheriff’s office shall notify, as soon as possible, the Department

of Human Services and the Office of Client Advocacy of its

investigation.

2. If, at any point after the initial report, the Department of

Human Services or the Office of Client Advocacy discovers that it is

not the appropriate state entity for the investigation as defined in

Section 10-103 of this title, it shall refer the matter to and share

the initial report with the appropriate state entity.

E. Any person who knowingly and willfully fails to promptly

report any abuse, neglect, or exploitation as required by the

provisions of subsection A 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.

F. 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 the 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

Oklahoma Statutes - Title 43A. Mental Health Page 208

any misconduct of the caretaker including, but not limited to,

abuse, neglect or exploitation of a vulnerable adult, whether

confirmed or not.

G. 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.

H. 1. Every physician or other health care professional making

a report concerning the abuse, neglect or exploitation of a

vulnerable adult, as required by this section, or examining a

vulnerable adult to determine the likelihood of abuse, neglect or

exploitation, and every hospital in which a vulnerable adult is

examined or treated for abuse, neglect or exploitation shall

disclose necessary health information related to the case and

provide, upon request by either the Department of Human Services,

the Office of Client Advocacy, or the local municipal police or

sheriff’s department receiving the initial report, copies of the

results or the records of the examination on which the report was

based, and any other clinical notes, x-rays or photographs and other

health information which is related to the case if:

a. the vulnerable adult agrees to the disclosure of the

health information, or

b. the individual is unable to agree to the disclosure of

health information because of incapacity, and

(1) the requesting party represents that the health

information for which disclosure is sought is not

intended to be used against the vulnerable adult

in a criminal prosecution but to provide

protective services pursuant to the Protective

Services for Vulnerable Adults Act,

(2) the disclosure of the information is necessary to

conduct an investigation into the alleged abuse,

neglect or exploitation of the vulnerable adult

subject to the investigation, and

(3) immediate enforcement activity that depends upon

the disclosure:

(a) is necessary to protect the health, safety

and welfare of the vulnerable adult because

of incapacity, or

(b) would be materially and adversely affected

by waiting until the vulnerable adult is

able to agree to the disclosure.

2. If federal law specifically prohibits the disclosure of any

of the information required by this subsection, that information may

be excluded from the disclosed health information.

I. After investigating the report, either the county office of

the appropriate state entity or the municipal police department or

Oklahoma Statutes - Title 43A. Mental Health Page 209

sheriff’s office, as appropriate, shall forward its findings to the

office of the district attorney in the county in which the suspected

abuse, neglect, or exploitation occurred. Unsubstantiated findings

shall be labeled as such before transmission to the office of the

district attorney. Findings of self-neglect shall not be forwarded

to the office of the district attorney unless similar findings were

reported within six (6) months prior.

J. 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 or other

law enforcement official 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 health information that may

be of assistance to the district attorney in conducting an

investigation into the matter.

K. 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.
Okla. Stat. tit. 43A, § 43A-501 — OK Code / Title 43A / Section 43A-501
Renumbered as § 6-201 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-5-309 — OK Code / Title 43A / Section 43A-5-309
Detention against will prohibited - Notice of desire to
Status: in_force

be discharged.

No consumer admitted to a state or private mental hospital under

the provisions of the Mental Hospital Voluntary Admission Procedures

Act shall be detained in a mental hospital against the will of the

person more than one hundred twenty (120) hours or five (5) days,

excluding weekends and holidays, after the consumer gives notice in

writing to the executive director of the facility of the desire of

the consumer to be discharged from the facility. If during the

emergency detention the consumer becomes medically unstable, the

time limit on the emergency detention period stipulated in this

section shall be tolled until the consumer is treated at a medical

facility and is medically stabilized. The executive director of the

facility may designate one or more employees of the facility to

receive a notification provided by this section with the same effect

as if delivered to the executive director personally.
Okla. Stat. tit. 43, § 43-551-202 — OK Code / Title 43 / Section 43-551-202
Exclusive, continuing jurisdiction
Status: in_force

EXCLUSIVE, CONTINUING JURISDICTION

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

court of this state which has made a child custody determination

consistent with Section 13 or 15 of this act has exclusive,

continuing jurisdiction over the determination until:

1. A court of this state determines that neither the child, the

child and one parent, nor the child and a person acting as a parent

have a significant connection with this state and that substantial

evidence is no longer available in this state concerning the child's

care, protection, training, and personal relationships; or

2. A court of this state or a court of another state determines

that the child, the child's parents, and any person acting as a

parent do not presently reside in this state.

B. A court of this state which has made a child custody

determination and does not have exclusive, continuing jurisdiction

under this section may modify that determination only if it has

Oklahoma Statutes - Title 43. Marriage and Family Page 149

jurisdiction to make an initial determination under Section 13 of

this act.
Okla. Stat. tit. 43A, § 43A-415 — OK Code / Title 43A / Section 43A-415
Renumbered as § 1425 of Title 10 by Laws 1986, c. 103, §
Status: in_force

105, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-54.12 — OK Code / Title 43A / Section 43A-54.12
Renumbered as § 7-102 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-16 — OK Code / Title 43 / Section 43-16
Soliciting in or near court house or grounds prohibited
Status: in_force

It shall be unlawful for any person to solicit directly or

indirectly within any courthouse, premises or grounds or lots on

which a courthouse may be located in any county within the State of

Oklahoma for himself or for and on behalf of any minister of the

Gospel or other person, the performance of a marriage ceremony.
Okla. Stat. tit. 43A, § 43A-5-506 — OK Code / Title 43A / Section 43A-5-506
Initial assessment - Emergency admission or detention –
Status: in_force

Evaluation - Hearing.

A. Any parent, guardian, or law enforcement officer may request

the administrator of a facility or designee to conduct an initial

assessment of a minor to determine whether the minor is a minor

requiring treatment.

B. Following an initial assessment, a minor may be admitted or

detained on an emergency basis in a mental health or substance abuse

treatment facility that is willing to admit or detain the minor for

a period not to exceed five (5) days from the time of admission or

detention, excluding weekends and legal holidays. The admission or

detention for an emergency basis may only exceed five (5) days,

excluding weekends or holidays, if the facility receives a

Oklahoma Statutes - Title 43A. Mental Health Page 170

prehearing detention order authorizing detention pending a hearing

on a petition to determine whether the minor is a minor in need of

treatment and to require inpatient treatment.

C. 1. A minor admitted or detained pursuant to this section

shall be evaluated by a licensed mental health professional to

determine whether the minor is a minor in need of treatment.

a. If the licensed mental health professional determines

that the minor is a minor in need of treatment, the

licensed mental health professional shall submit the

mental health evaluation to the district attorney

within forty-eight (48) hours, excluding weekends or

holidays, of admission, detention, or revocation of

the consent of the minor sixteen (16) years of age or

older or to the parent.

b. If the licensed mental health professional determines

that the minor is not a minor in need of treatment,

the minor shall immediately be discharged.

2. Upon admission or detention of a minor pursuant to this

section, the person requesting the petition shall immediately notify

the district attorney. The district attorney shall file a petition

as provided in Section 5-509 of this title within three (3) days of

receipt of the report and shall request a prehearing detention order

from the court authorizing further detention of the child in the

facility pending a hearing on a petition alleging the minor to be a

minor in need of treatment and to require inpatient treatment and

further order of the court. If the district attorney refuses to

file a petition, the district attorney must immediately notify the

requesting facility, in writing, of the refusal to file.

a. If the court finds probable cause exists that the

minor is a minor in need of treatment, the court shall

issue a prehearing detention order authorizing the

facility to detain the minor until the hearing on the

petition and to immediately set a date and time for a

hearing on the petition. A certified copy of the

prehearing detention order shall constitute authority

for a facility to detain or continue to detain the

minor who is the subject of the order.

b. If the court does not find probable cause exists that

the minor is a minor in need of treatment, the court

shall dismiss the petition and request for a

prehearing detention order and order the release of

the minor to the minor’s parent.
Okla. Stat. tit. 43A, § 43A-2-302 — OK Code / Title 43A / Section 43A-2-302
Central Office - Petty cash fund
Status: in_force

There is hereby created a petty cash fund at the Central Office.

The Director of the Office of Management and Enterprise Services and

the Commissioner of Mental Health and Substance Abuse Services are

authorized to fix the maximum amount of these petty cash funds and

the Director of the Office of Management and Enterprise Services

shall prescribe the rules and procedures for the administration of

these petty cash funds.
Okla. Stat. tit. 43, § 43-601-210 — OK Code / Title 43 / Section 43-601-210
Receipt of evidence from outside the state -
Status: in_force

Applicable law

A tribunal of this state exercising personal jurisdiction over a

nonresident in a proceeding under the Uniform Interstate Family

Support Act, under other law of this state relating to a support

order or recognizing a foreign support order may receive evidence

Oklahoma Statutes - Title 43. Marriage and Family Page 183

from outside this state pursuant to Section 601-316 of this title,

communicate with a tribunal outside this state pursuant to Section

601-317 of this title, and obtain discovery through a tribunal

outside this state pursuant to Section 601-318 of this title. In

all other respects, Articles 3 through 6 of this title do not apply

and the tribunal shall apply the procedural and substantive law of

this state.
Okla. Stat. tit. 43A, § 43A-2-207 — OK Code / Title 43A / Section 43A-2-207
Employment of assistants and counsel by Commissioner to
Status: in_force

enforce claims.

The Commissioner of Mental Health and Substance Abuse Services

may employ persons to assist in collecting the amount due the state

for the care and treatment of consumers, and may employ counsel to

institute such actions or proceedings as the Commissioner may deem

proper to enforce the claim of the state for the care and treatment

of a consumer against the consumer.
Okla. Stat. tit. 43, § 43-120.1 — OK Code / Title 43 / Section 43-120.1
Short title
Status: in_force

Sections 120.1 through 120.5 of this title shall be known and

may be cited as the “Parenting Coordinator Act”.
Okla. Stat. tit. 43A, § 43A-3-325 — OK Code / Title 43A / Section 43A-3-325
Contracts with public and private entities to provide
Status: in_force

services.

A. The Department of Mental Health and Substance Abuse Services

is hereby authorized to contract with public and private entities it

certifies, as required by law, for the purpose of providing

treatment, evaluation, prevention and other services related to the

duties of the Department set forth in this title.

B. The Department of Mental Health and Substance Abuse Services

shall not enter into a contract with any of the following programs

unless such program has been certified by the Department pursuant to

the provisions of this title:

1. Community mental health centers;

2. Community residential mental health programs;

3. Programs of assertive community treatment;

4. Eating disorder treatment programs;

5. Gambling addiction treatment programs;

Oklahoma Statutes - Title 43A. Mental Health Page 77

6. Programs providing alcohol or drug abuse treatment services

as set forth under the Oklahoma Alcohol and Drug Abuse Services Act;

7. Community-based structured crisis centers; and

8. Mental health facilities.
Okla. Stat. tit. 43A, § 43A-806 — OK Code / Title 43A / Section 43A-806
Renumbered as § 10-106 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-73.1 — OK Code / Title 43A / Section 43A-73.1
Renumbered as § 7-104 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-613 — OK Code / Title 43 / Section 43-601-613
Jurisdiction - Applicability of provisions
Status: in_force

A. If all of the parties who are individuals reside in this

state and the child does not reside in the issuing state, a tribunal

of this state has jurisdiction to enforce and to modify the issuing

state's child support order in a proceeding to register that order.

B. A tribunal of this state exercising jurisdiction under this

section shall apply the provisions of Articles 1 and 2, this article

and the procedural and substantive law of this state to the

proceeding for enforcement or modification. Articles 3, 4, 5, 7,

and 8 do not apply.
Okla. Stat. tit. 43, § 43-3 — OK Code / Title 43 / Section 43-3
Who may marry
Status: in_force

A. Any unmarried person who is at least eighteen (18) years of

age and not otherwise disqualified is capable of contracting and

consenting to marriage with a person of the opposite sex.

B. 1. Except as otherwise provided by this subsection, no

person under the age of eighteen (18) years shall enter into the

marriage relation, nor shall any license issue therefor, except:

a. upon the consent and authority expressly given by the

parent or guardian of such underage applicant in the

presence of the authority issuing such license,

b. upon the written consent of the parent or guardian of

such underage applicant executed and acknowledged in

person before a judge of the district court or the

court clerk of any county within the State of

Oklahoma,

c. if the parent or guardian resides outside of the State

of Oklahoma, upon the written consent of the parent or

guardian executed before a judge or clerk of a court

of record. The executed foreign consent shall be duly

authenticated in the same manner as proof of documents

from foreign jurisdictions,

d. if the certificate of a duly licensed medical doctor

or osteopath, acknowledged in the manner provided by

law for the acknowledgment of deeds, and stating that

such parent or guardian is unable by reason of health

or incapacity to be present in person, is presented to

such licensing authority, upon the written consent of

the parent or guardian, acknowledged in the same

manner as the accompanying medical certificate,

e. if the parent or guardian is on active duty with the

Armed Forces of the United States, upon the written

permission of the parent or guardian, acknowledged in

the manner provided by law for acknowledgment of deeds

by military personnel authorized to administer oaths.

Such permission shall be presented to the licensing

authority, accompanied by a certificate executed by a

commissioned officer in command of the applicant, to

the effect that the parent or guardian is on active

duty in the Armed Forces of the United States, or

f. upon affidavit of three (3) reputable persons stating

that both parents of the minor are deceased, or

Oklahoma Statutes - Title 43. Marriage and Family Page 9

mentally incompetent, or their whereabouts are unknown

to the minor, and that no guardian has theretofore

been appointed for the minor. The judge of the

district court issuing the license may in his or her

discretion consent to the marriage in the same manner

as in all cases in which consent may be given by a

parent or guardian.

2. Every person under the age of sixteen (16) years is

expressly forbidden and prohibited from entering into the marriage

relation except when authorized by the court:

a. in settlement of a suit for seduction or paternity, or

b. if the unmarried female is pregnant, or has given

birth to an illegitimate child and at least one parent

of each minor, or the guardian or custodian of such

child, is present before the court and has an

opportunity to present evidence in the event such

parent, guardian, or custodian objects to the issuance

of a marriage license. If they are not present the

parent, guardian, or custodian may be given notice of

the hearing at the discretion of the court.

3. A parent or a guardian of any child under the age of

eighteen (18) years who is in the custody of the Department of Human

Services or the Department of Juvenile Justice shall not be eligible

to consent to the marriage of such minor child as required by the

provisions of this subsection.

4. Any certificate or written permission required by this

subsection shall be retained by the official issuing the marriage

license.

C. No marriage may be authorized when such marriage would be

incestuous under this chapter.

R.L. 1910, § 3885. Amended by Laws 1947, p. 301, § 1; Laws 1959, p.

183, § 1; Laws 1959, p. 184, § 1; Laws 1963, c. 91, § 1; Laws 1965,

c. 383, § 1; Laws 1970, c. 131, § 1, emerg. eff. April 7, 1970; Laws

1975, c. 39, § 1, eff. Oct. 1, 1975; Laws 1989, c. 64, § 1, eff.

Nov. 1, 1989; Laws 2004, c. 422, § 4, eff. July 1, 2004.
Okla. Stat. tit. 43A, § 43A-803 — OK Code / Title 43A / Section 43A-803
Renumbered as § 10-103 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-201 — OK Code / Title 43 / Section 43-551-201
Initial child custody jurisdiction
Status: in_force

INITIAL CHILD CUSTODY JURISDICTION

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

court of this state has jurisdiction to make an initial child

custody determination only if:

1. This state is the home state of the child on the date of the

commencement of the proceeding, or was the home state of the child

within six (6) months before the commencement of the proceeding and

Oklahoma Statutes - Title 43. Marriage and Family Page 148

the child is absent from this state, but a parent or person acting

as a parent continues to live in this state;

2. A court of another state does not have jurisdiction under

paragraph 1 of this subsection, or a court of the home state of the

child has declined to exercise jurisdiction on the ground that this

state is the more appropriate forum under Section 19 or 20 of this

act, and:

a. the child and the child's parents, or the child and at

least one parent or a person acting as a parent, have

a significant connection with this state other than

mere physical presence, and

b. substantial evidence is available in this state

concerning the child's care, protection, training, and

personal relationships;

3. All courts having jurisdiction under paragraph 1 or 2 of

this subsection have declined to exercise jurisdiction on the ground

that a court of this state is the more appropriate forum to

determine the custody of the child under Section 19 or 20 of this

act; or

4. No court of any other state would have jurisdiction under

the criteria specified in paragraph 1, 2, or 3 of this subsection.

B. Subsection A of this section is the exclusive jurisdictional

basis for making a child custody determination by a court of this

state.

C. Physical presence of, or personal jurisdiction over, a party

or a child is not necessary or sufficient to make a child custody

determination.
Okla. Stat. tit. 43, § 43-120.3 — OK Code / Title 43 / Section 43-120.3
Appointment of parenting coordinator – Party agreement –
Status: in_force

Authority - Meetings - Parental rights - Removal.

A. In any action for dissolution of marriage, legal separation,

paternity, or guardianship where minor children are involved, the

court may, upon its own motion, or by motion or agreement of the

parties, appoint a parenting coordinator to assist the parties in

resolving issues and decide disputed issues pursuant to the

provisions of the Parenting Coordinator Act related to parenting or

other family issues in the case except as provided in subsection B

of this section, and subsection A of Section 120.5 of this title.

B. The court shall not appoint a parenting coordinator if any

party objects, unless:

1. The court makes specific findings that the case is a high-

conflict case; and

2. The court makes specific findings that the appointment of a

parenting coordinator is in the best interest of any minor child in

the case.

C. 1. The authority of a parenting coordinator shall be

specified in the order appointing the parenting coordinator and

limited to matters that will aid the parties in:

a. identifying disputed issues,

b. reducing misunderstandings,

c. clarifying priorities,

d. exploring possibilities for compromise,

e. developing methods of collaboration in parenting, and

f. complying with the court’s order of custody,

visitation, or guardianship.

2. The appointment of a parenting coordinator shall not divest

the court of its exclusive jurisdiction to determine fundamental

Oklahoma Statutes - Title 43. Marriage and Family Page 107

issues of custody, visitation, and support, and the authority to

exercise management and control of the case.

3. The parenting coordinator shall not make any modification to

any order, judgment or decree; however, the parenting coordinator

may allow the parties to make minor temporary departures from a

parenting plan if authorized by the court to do so. The appointment

order should specify those matters which the parenting coordinator

is authorized to determine. The order shall specify which

determinations will be immediately effective and which will require

an opportunity for court review prior to taking effect.

D. The parties may limit the decision-making authority of the

parenting coordinator to specific issues or areas if the parenting

coordinator is being appointed pursuant to agreement of the parties.

E. Meetings between the parenting coordinator and the parties

need not follow any specific procedures and the meetings may be

informal. All communication between the parties and the parenting

coordinator shall not be confidential.

F. Nothing in the Parenting Coordinator Act shall abrogate the

custodial or noncustodial parent’s rights or any court-ordered

visitation given to grandparents or other persons except as

specifically addressed in the order appointing the parenting

coordinator.

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

court shall reserve the right to remove the parenting coordinator in

its own discretion.

2. The court may remove the parenting coordinator upon the

request and agreement of both parties. Upon the motion of either

party and good cause shown, the court may remove the parenting

coordinator.
Okla. Stat. tit. 43A, § 43A-2-206 — OK Code / Title 43A / Section 43A-2-206
Legal services
Status: in_force

The Department of Mental Health and Substance Abuse Services may

provide for legal services, and the Commissioner may employ or

contract with attorneys as needed and determine their salaries;

provided, however, that the attorneys may appear for and represent

the Commissioner, the Board of Mental Health and Substance Abuse

Services, administrative supervisors of facilities and Department

personnel in administrative hearings and other legal actions and

proceedings. Provided, further, that the Attorney General shall

continue to give his opinion to the Department and to prosecute and

defend action therefor, if requested to do so.
Okla. Stat. tit. 43A, § 43A-4-108 — OK Code / Title 43A / Section 43A-4-108
Labor by consumers - Work therapy - Compensation
Status: in_force

A. A person receiving treatment for mental illness or alcohol-

or drug-dependency may perform labor which contributes to the

operation and maintenance of the facility for which the facility

would otherwise employ someone only if:

1. The consumer voluntarily agrees to perform the labor;

2. Engaging in the labor would not be inconsistent with the

treatment plan for the consumer;

3. The amount of time or effort necessary to perform the labor

would not be excessive;

Oklahoma Statutes - Title 43A. Mental Health Page 109

4. The consumer is compensated appropriately and in accordance

with applicable federal and state minimum wage laws; and

5. Discharge and privileges are not conditioned upon the

performance of such labor.

B. The provisions of this section shall not apply to bona fide

“work therapy” which is a part of the treatment program.

Work therapy shall be:

1. In the best interests of the person;

2. Therapeutic in nature and purpose;

3. Part of the treatment plan of the person;

4. Documented in the treatment record with a rationale for the

work therapy;

5. Voluntarily entered into by the person;

6. Compensated by the facility at a rate derived from the value

of the work performed; and

7. Compensated in accordance with federal and state minimum

wage law if the primary benefit is to the facility.

C. The provisions of subsections A and B of this section shall

not apply to personal housekeeping, personal maintenance, or

communal living, or tasks oriented to improving life skills. These

activities shall not primarily benefit the facility.

D. Payment pursuant to this section shall not be applied by the

facility to offset the costs of maintenance of persons receiving

treatment in the facility, unless the person authorizes such payment

or offset in writing.
Okla. Stat. tit. 43A, § 43A-7-113 — OK Code / Title 43A / Section 43A-7-113
Guardianship of person and estate without
Status: in_force

hospitalization - Ajudication - Bond of guardian.

If after full examination and hearing the court shall determine

that a person is mentally incompetent, but that it is not necessary

to hospitalize him for treatment or for his own welfare, the welfare

of others or of the community, the judge of the district court must

issue an order adjudging the person to be mentally incompetent and

Oklahoma Statutes - Title 43A. Mental Health Page 197

must appoint a guardian of his person and estate with the powers and

duties that are prescribed for the guardian of a minor. Every such

guardian has the care and custody of his ward, and the management of

all his estate, until such guardian is legally discharged. The

guardian shall give bond to the State of Oklahoma, in like manner

and with like conditions, as before prescribed with respect to the

guardian of a minor, provided that upon a finding by the district

court that:

1. The anticipated annual income to a ward for one (1) year

plus the value of the personal property of the ward is less than

Forty Thousand Dollars ($40,000.00); and

2. The guardian of the ward is either a parent or a child of

the ward,

the court may order that a bond is not necessary.

In all other cases, except as provided in subsection A of

Section 776 of this title, a bond shall be required.
Okla. Stat. tit. 43A, § 43A-4-203 — OK Code / Title 43A / Section 43A-4-203
Reduction or waiver of liability - Report as to ability
Status: in_force

- Information from Tax Commission.

A. The Board of Mental Health and Substance Abuse Services may

promulgate rules authorizing the executive director or designee of a

facility within the Department of Mental Health and Substance Abuse

Services at which a consumer is being treated to charge on a sliding

scale or waive the liability of the consumer and estate of the

consumer for the care and treatment of the consumer, if it is

determined that the consumer is unable to pay the full amount for

such care and treatment, or that the consumer is an indigent person

as defined in this title.

B. Before any charge for care and treatment is placed on a

sliding scale or waived there must be:

1. A written application and documentation demonstrating the

income of the consumer;

2. The number of dependents of the consumer;

3. A statement of any charges to be placed on the sliding scale

or waiver of indebtedness of the consumer for care and treatment;

and

4. The reasons for the placement on the sliding scale or

waiver. The statement must be signed by the executive director or

designee granting such placement on the sliding scale or waiver.

The statement must also be filed with the records of the consumer at

the facility.

C. For the purpose of determining the financial status or

ability to pay of a consumer, the estate of the consumer, or persons

liable for the care and treatment of the consumer, the Oklahoma Tax

Commission is directed to furnish to the Commissioner of Mental

Health and Substance Abuse Services, or designee, upon request, such

Oklahoma Statutes - Title 43A. Mental Health Page 111

information as may be of record in the Commission relative to

consumers, and their estates.
Okla. Stat. tit. 43, § 43-601-507 — OK Code / Title 43 / Section 43-601-507
Administrative enforcement of orders
Status: in_force

A. A party or support enforcement agency seeking to enforce a

support order or an income-withholding order, or both, issued in

another state or a foreign support order may send the documents

required for registering the order to a support enforcement agency

of this state.

B. Upon receipt of the documents, the support enforcement

agency, without initially seeking to register the order, shall

consider and, if appropriate, use any administrative procedure

authorized by the law of this state to enforce a support order or an

income-withholding order, or both. If the obligor does not contest

administrative enforcement, the order need not be registered. If

the obligor contests the validity or administrative enforcement of

the order, the support enforcement agency shall register the order

pursuant to this act.
Okla. Stat. tit. 43, § 43-109.4 — OK Code / Title 43 / Section 43-109.4
Grandparental visitation rights
Status: in_force

A. 1. Pursuant to the provisions of this section, any

grandparent of an unmarried minor child may seek and be granted

reasonable visitation rights to the child which visitation rights

may be independent of either parent of the child if:

a. the district court deems it to be in the best interest

of the child pursuant to subsection E of this section,

and

b. there is a showing of parental unfitness, or the

grandparent has rebutted, by clear and convincing

evidence, the presumption that the fit parent is

acting in the best interests of the child by showing

that the child would suffer harm or potential harm

without the granting of visitation rights to the

grandparent of the child, and

c. the intact nuclear family has been disrupted in that

one or more of the following conditions has occurred:

(1) an action for divorce, separate maintenance or

annulment involving the grandchild's parents is

pending before the court, and the grandparent had

a preexisting relationship with the child that

predates the filing of the action for divorce,

separate maintenance or annulment,

(2) the grandchild's parents are divorced, separated

under a judgment of separate maintenance, or have

had their marriage annulled,

(3) the grandchild's parent who is a child of the

grandparent is deceased, and the grandparent had

a preexisting relationship with the child that

predates the death of the deceased parent unless

the death of the mother was due to complications

related to the birth of the child,

(4) except as otherwise provided in subsection C or D

of this section, legal custody of the grandchild

has been given to a person other than the

Oklahoma Statutes - Title 43. Marriage and Family Page 32

grandchild's parent, or the grandchild does not

reside in the home of a parent of the child,

(5) one of the grandchild's parents has had a felony

conviction and been incarcerated in the

Department of Corrections and the grandparent had

a preexisting relationship with the child that

predates the incarceration,

(6) grandparent had custody of the grandchild,

whether or not the grandparent had custody under

a court order, and there exists a strong,

continuous grandparental relationship between the

grandparent and the child,

(7) the grandchild's parent has deserted the other

parent for more than one (1) year and there

exists a strong, continuous grandparental

relationship between the grandparent and the

child,

(8) except as otherwise provided in subsection D of

this section, the grandchild's parents have never

been married, are not residing in the same

household and there exists a strong, continuous

grandparental relationship between the

grandparent and the child, or

(9) except as otherwise provided by subsection D of

this section, the parental rights of one or both

parents of the child have been terminated, and

the court determines that there is a strong,

continuous relationship between the child and the

parent of the person whose parental rights have

been terminated.

2. The right of visitation to any grandparent of an unmarried

minor child shall be granted only so far as that right is authorized

and provided by order of the district court.

B. Under no circumstances shall any judge grant the right of

visitation to any grandparent if the child is a member of an intact

nuclear family and both parents of the child object to the granting

of visitation.

C. If one natural parent is deceased and the surviving natural

parent remarries, any subsequent adoption proceedings shall not

terminate any preexisting court-granted grandparental rights

belonging to the parents of the deceased natural parent unless the

termination of visitation rights is ordered by the court having

jurisdiction over the adoption after opportunity to be heard, and

the court determines it to be in the best interest of the child.

D. 1. If the child has been born out of wedlock and the

parental rights of the father of the child have been terminated, the

Oklahoma Statutes - Title 43. Marriage and Family Page 33

parents of the father of the child shall not have a right of

visitation authorized by this section to the child unless:

a. the father of the child has been judicially determined

to be the father of the child, and

b. the court determines that a previous grandparental

relationship existed between the grandparent and the

child.

2. If the child is born out of wedlock and the parental rights

of the mother of the child have been terminated, the parents of the

mother of the child shall not have a right of visitation authorized

by this section to the child unless the court determines that a

previous grandparental relationship existed between the grandparent

and the child.

3. Except as otherwise provided by this section, the district

court shall not grant to any grandparent of an unmarried minor

child, visitation rights to that child:

a. subsequent to the final order of adoption of the

child; provided however, any subsequent adoption

proceedings shall not terminate any prior court-

granted grandparental visitation rights unless the

termination of visitation rights is ordered by the

court after opportunity to be heard and the district

court determines it to be in the best interest of the

child, or

b. if the child had been placed for adoption prior to

attaining six (6) months of age.

E. 1. In determining the best interest of the minor child, the

court shall consider and, if requested, shall make specific findings

of fact related to the following factors:

a. the needs of and importance to the child for a

continuing preexisting relationship with the

grandparent and the age and reasonable preference of

the child pursuant to Section 113 of this title,

b. the willingness of the grandparent or grandparents to

encourage a close relationship between the child and

the parent or parents,

c. the length, quality and intimacy of the preexisting

relationship between the child and the grandparent,

d. the love, affection and emotional ties existing

between the parent and child,

e. the motivation and efforts of the grandparent to

continue the preexisting relationship with the

grandchild,

f. the motivation of parent or parents denying

visitation,

g. the mental and physical health of the grandparent or

grandparents,

Oklahoma Statutes - Title 43. Marriage and Family Page 34

h. the mental and physical health of the child,

i. the mental and physical health of the parent or

parents,

j. whether the child is in a permanent, stable,

satisfactory family unit and environment,

k. the moral fitness of the parties,

l. the character and behavior of any other person who

resides in or frequents the homes of the parties and

such person's interactions with the child,

m. the quantity of visitation time requested and the

potential adverse impact the visitation will have on

the customary activities of the child, and

n. if both parents are dead, the benefit in maintaining

the preexisting relationship.

2. For purposes of this subsection:

a. "harm or potential harm" means a showing that without

court-ordered visitation by the grandparent, the

child's emotional, mental or physical well-being could

reasonably or would be jeopardized,

b. "intact nuclear family" means a family consisting of

the married father and mother of the child,

c. "parental unfitness" includes, but is not limited to,

a showing that a parent of the child or a person

residing with the parent:

(1) has a chemical or alcohol dependency, for which

treatment has not been sought or for which

treatment has been unsuccessful,

(2) has a history of violent behavior or domestic

abuse,

(3) has an emotional or mental illness that

demonstrably impairs judgment or capacity to

recognize reality or to control behavior,

(4) has been shown to have failed to provide the

child with proper care, guidance and support to

the actual detriment of the child. The

provisions of this division include, but are not

limited to, parental indifference and parental

influence on his or her child or lack thereof

that exposes such child to unreasonable risk, or

(5) demonstrates conduct or condition which renders

him or her unable or unwilling to give a child

reasonable parental care. Reasonable parental

care requires, at a minimum, that the parent

provides nurturing and protection adequate to

meet the child's physical, emotional and mental

health.

Oklahoma Statutes - Title 43. Marriage and Family Page 35

The determination of parental unfitness pursuant to

this subparagraph shall not be that which is

equivalent for the termination of parental rights, and

d. "preexisting relationship" means occurring or existing

prior to the filing of the petition for grandparental

visitation.

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

issue orders granting grandparental visitation rights and to enforce

visitation rights, upon the filing of a verified petition for

visitation rights or enforcement thereof. Notice as ordered by the

court shall be given to the person or parent having custody of the

child. The venue of such action shall be in the court where there

is an ongoing proceeding that involves the child, or if there is no

ongoing proceeding, in the county of the residence of the child or

parent.

2. When a grandparent of a child has been granted visitation

rights pursuant to this section and those rights are unreasonably

denied or otherwise unreasonably interfered with by any parent of

the child, the grandparent may file with the court a motion for

enforcement of visitation rights. Upon filing of the motion, the

court shall set an initial hearing on the motion. At the initial

hearing, the court shall direct mediation and set a hearing on the

merits of the motion.

3. After completion of any mediation pursuant to paragraph 2 of

this subsection, the mediator shall submit the record of mediation

termination and a summary of the parties' agreement, if any, to the

court. Upon receipt of the record of mediation termination, the

court shall enter an order in accordance with the parties'

agreement, if any.

4. Notice of a hearing pursuant to paragraph 2 or 3 of this

subsection shall be given to the parties at their last-known address

or as otherwise ordered by the court, at least ten (10) days prior

to the date set by the court for hearing on the motion. Provided,

the court may direct a shorter notice period if the court deems such

shorter notice period to be appropriate under the circumstances.

5. Appearance at any court hearing pursuant to this subsection

shall be a waiver of the notice requirements prior to such hearing.

6. If the court finds that visitation rights of the grandparent

have been unreasonably denied or otherwise unreasonably interfered

with by the parent, the court shall enter an order providing for one

or more of the following:

a. a specific visitation schedule,

b. compensating visitation time for the visitation denied

or otherwise interfered with, which time may be of the

same type as the visitation denied or otherwise

interfered with, including but not limited to holiday,

Oklahoma Statutes - Title 43. Marriage and Family Page 36

weekday, weekend, summer, and may be at the

convenience of the grandparent,

c. posting of a bond, either cash or with sufficient

sureties, conditioned upon compliance with the order

granting visitation rights, or

d. assessment of reasonable attorney fees, mediation

costs, and court costs to enforce visitation rights

against the parent.

7. If the court finds that the motion for enforcement of

visitation rights has been unreasonably filed or pursued by the

grandparent, the court may assess reasonable attorney fees,

mediation costs, and court costs against the grandparent.

G. In addition to any other remedy authorized by this section

or otherwise provided by law, any party violating an order of the

court made pursuant to this section, upon conviction thereof, shall

be guilty of contempt of court.

H. Any transportation costs or other costs arising from any

visitation ordered pursuant to this section shall be paid by the

grandparent or grandparents requesting such visitation.

I. In any action for grandparental visitation pursuant to this

section, the court may award attorney fees and costs, as the court

deems equitable.

J. For the purposes of this section, the term "grandparent"

shall include "great-grandparent".

R.L. 1910, § 4368. Amended by Laws 1971, c. 82, § 1, emerg. eff.

April 26, 1971; Laws 1975, c. 185, § 1, emerg. eff. May 23, 1975;
Okla. Stat. tit. 43A, § 43A-3-306 — OK Code / Title 43A / Section 43A-3-306
Board of Mental Health and Substance Abuse Services -
Status: in_force

Responsibilities and authority.

A. The Board of Mental Health and Substance Abuse Services

shall have the responsibility and authority to:

1. Promulgate rules governing eligibility of public agencies or

mental health facilities to contract with the Department of Mental

Health and Substance Abuse Services;

2. Prescribe standards for qualifications of personnel and

quality of professional services;

3. Ensure eligibility for community mental health services so

that no person will be denied services on the basis of race, color

or creed or inability to pay; and

4. Promulgate such other rules as may be necessary to carry out

the provisions of the Unified Community Mental Health Services Act.

B. The Department shall have the following responsibilities and

authority to:

1. Provide technical assistance to community mental health

facilities and boards;

2. Provide clinical, fiscal and management audit of services

and facilities;

3. Approve and compile catchment area plans and budget requests

into a statewide mental health plan and budget for submission to the

Governor, Legislature and federal funding sources as appropriate;

and

4. Assist mental health facilities in the recruitment of

qualified personnel and in conducting in-service training programs.
Okla. Stat. tit. 43A, § 43A-3-102 — OK Code / Title 43A / Section 43A-3-102
Carl Albert Community Mental Health and Substance Abuse
Status: in_force

Services Center - Jim Taliaferro Community Mental Health and

Substance Abuse Services Center.

A. The Carl Albert Community Mental Health and Substance Abuse

Services Center, McAlester, Oklahoma, and the Jim Taliaferro

Community Mental Health and Substance Abuse Services Center, Lawton,

Oklahoma, are hereby designated as institutions within the

Department of Mental Health and Substance Abuse Services and shall

be operated under the supervision of the Department of Mental Health

and Substance Abuse Services.

B. The Department of Mental Health and Substance Abuse Services

is authorized to effect the transfer of property; records;

Oklahoma Statutes - Title 43A. Mental Health Page 57

equipment; supplies and funds to include, if appropriate, revolving

funds; and encumbrances from Griffin Memorial Hospital to the

appropriate institution designated in subsection A above.

C. There is hereby created a petty cash fund at the Carl Albert

Community Mental Health and Substance Abuse Services Center and at

the Jim Taliaferro Community Mental Health and Substance Abuse

Services Center. The Director of the Office of Management and

Enterprise Services and the Commissioner of Mental Health and

Substance Abuse Services are authorized to fix the maximum amount of

these petty cash funds and the Director of the Office of Management

and Enterprise Services shall prescribe the rules and procedures for

the administration of these petty cash funds.
Okla. Stat. tit. 43, § 43-601-615 — OK Code / Title 43 / Section 43-601-615
Modification of order made by foreign country that
Status: in_force

lacks or does not exercise jurisdiction

A. Except as otherwise provided in Section 601-711 of this

title, if a foreign country lacks or refuses to exercise

jurisdiction to modify its child support order pursuant to its laws,

a tribunal of this state may assume jurisdiction to modify the child

support order and bind all individuals subject to the personal

jurisdiction of the tribunal whether the consent to modification of

a child support order otherwise required of the individual pursuant

to Section 601-611 of this title has been given or whether the

individual seeking modification is a resident of this state or of

the foreign country.

B. An order issued by a tribunal of this state modifying a

foreign child support order pursuant to this section is the

controlling order.
Okla. Stat. tit. 43A, § 43A-3-321 — OK Code / Title 43A / Section 43A-3-321
Eating disorder treatment program - Injunction
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 73

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

Substance Abuse Services, or any district attorney may bring an

action for an injunction against any eating disorder treatment

program found to be in violation of the provisions of Section 16 of

this act, or any order or determination of the Department.

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

provisions of this section, any findings of the Department, after

hearing and due notice, shall be prima facie evidence of the facts

found therein.
Okla. Stat. tit. 43A, § 43A-2-102 — OK Code / Title 43A / Section 43A-2-102
Department to have charge and control of state
Status: in_force

institutions.

Unless otherwise specified by law, the Department of Mental

Health and Substance Abuse Services shall have charge and control of

any and all state institutions established for the care of the

mentally ill and drug- or alcohol-dependent person.
Okla. Stat. tit. 43, § 43-150.10 — OK Code / Title 43 / Section 43-150.10
Bad faith - Penalties
Status: in_force

If the court finds that a party to a proceeding under the

Deployed Parents Custody and Visitation Act has acted in bad faith

or otherwise deliberately failed to comply with the terms of the

Deployed Parents Custody and Visitation Act or a court order issued

under the Deployed Parents Custody and Visitation Act, the court may

assess attorney fees and costs against the opposing party and order

any other appropriate sanctions.
Okla. Stat. tit. 43A, § 43A-503 — OK Code / Title 43A / Section 43A-503
Renumbered as § 6-203 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-302 — OK Code / Title 43 / Section 43-551-302
Enforcement under Hague Convention
Status: in_force

ENFORCEMENT UNDER HAGUE CONVENTION

Under this article a court of this state may enforce an order

for the return of the child made under the Hague Convention on the

Oklahoma Statutes - Title 43. Marriage and Family Page 155

Civil Aspects of International Child Abduction as if it were a child

custody determination.
Okla. Stat. tit. 43A, § 43A-4-103.1 — OK Code / Title 43A / Section 43A-4-103.1
Custody and control of consumer - Responsibility for
Status: in_force

care and treatment.

The executive director of any facility within the Department of

Mental Health and Substance Abuse Services shall have custody and

control of a consumer within the facility during the period of time

the consumer is detained for observation or treatment or both, and

shall be responsible for the care and treatment of the consumer

during the time the consumer remains in the facility.
Okla. Stat. tit. 43A, § 43A-6-201 — OK Code / Title 43A / Section 43A-6-201
Enactment of compact - Text
Status: in_force

The Interstate Compact on Mental Health is hereby enacted into

law and entered into by this state with all other states legally

joining therein in the form substantially as follows: the

contracting states solemnly agree that:

ARTICLE I

The party states find that the proper and expeditious treatment

of the mentally ill and mentally deficient can be facilitated by

cooperative action, to the benefit of the consumers, their families,

and society as a whole. Further, the party states find that the

necessity of and desirability for furnishing such care and treatment

bears no primary relation to the residence or citizenship of the

consumer but that, on the contrary, the controlling factors of

Oklahoma Statutes - Title 43A. Mental Health Page 182

community safety and humanitarianism require that facilities and

services be made available for all who are in need of them.

Consequently, it is the purpose of this compact and of the party

states to provide the necessary legal basis for the

institutionalization or other appropriate care and treatment of the

mentally ill and mentally deficient under a system that recognizes

the paramount importance of consumer welfare and to establish the

responsibilities of the party states in terms of such welfare.

ARTICLE II

As used in this compact:

(a) “Sending state” shall mean a party state from which a

consumer is transported pursuant to the provisions of the compact or

from which it is contemplated that a consumer may be so sent.

(b) “Receiving state” shall mean a party state to which a

consumer is transported pursuant to the provisions of the compact or

to which it is contemplated that a consumer may be so sent.

(c) “Facility” shall mean any hospital or other facility

maintained by a party state or political subdivision thereof for the

care and treatment of mental illness or mental deficiency.

(d) “Consumer” shall mean any person subject to or eligible as

determined by the laws of the sending state, for

institutionalization or other care, treatment, or supervision

pursuant to the provisions of this compact.

(e) “After-care” shall mean care, treatment and services

provided a consumer, as defined herein, on convalescent status or

conditional release.

(f) “Mental illness” shall mean mental disease to such extent

that a person so afflicted requires care and treatment for the

welfare of the person, or the welfare of others, or of the

community.

(g) “Mental deficiency” shall mean mental deficiency as defined

by appropriate clinical authorities to such extent that persons so

afflicted are incapable of managing themselves and their affairs,

but shall not include mental illness as defined herein.

(h) “State” shall mean any state, territory or possession of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico.

ARTICLE III

(a) Whenever a person physically present in any party state

shall be in need of institutionalization by reason of mental illness

or mental deficiency, the person shall be eligible for care and

treatment in an institution in that state irrespective of the

residence of the person, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the

contrary notwithstanding, any consumer may be transferred to a

facility in another state whenever there are factors based upon

clinical determinations indicating that the care and treatment of

Oklahoma Statutes - Title 43A. Mental Health Page 183

said consumer would be facilitated or improved thereby. Any such

institutionalization may be for the entire period of care and

treatment or for any portion or portions thereof. The factors

referred to in this paragraph shall include the full record of the

consumer with due regard for the location of the family of the

consumer, character of the illness and probable duration thereof,

and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any consumer pursuant

to the provisions of paragraph (b) of this article unless the

sending state has given advance notice of its intention to send the

consumer; furnished all available medical and other pertinent

records concerning the consumer; given the qualified medical or

other appropriate clinical authorities of the receiving state an

opportunity to examine the consumer if said authorities so wish; and

unless the receiving state shall agree to accept the consumer.

(d) In the event that the laws of the receiving state establish

a system of priorities for the admission of consumers, an interstate

consumer under this compact shall receive the same priority as a

local consumer and shall be taken in the same order and at the same

time that he would be taken if he were a local consumer.

(e) Pursuant to this compact, the determination as to the

suitable place of institutionalization for a consumer may be

reviewed at any time and such further transfer of the consumer may

be made as seems likely to be in the best interest of the consumer.

ARTICLE IV

(a) Whenever, pursuant to the laws of the state in which a

consumer is physically present, it shall be determined that the

consumer should receive aftercare or supervision, such care or

supervision may be provided in a receiving state. If the medical or

other appropriate clinical authorities having responsibility for the

care and treatment of the consumer in the sending state shall have

reason to believe that aftercare in another state would be in the

best interest of the consumer and would not jeopardize the public

safety, they shall request the appropriate authorities in the

receiving state to investigate the desirability of affording the

consumer such aftercare in said receiving state, and such

investigation shall be made with all reasonable speed. The request

for investigation shall be accompanied by complete information

concerning the intended place of residence of the consumer and the

identity of the person in whose charge it is proposed to place the

consumer, the complete medical history of the consumer, and such

other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities

having responsibility for the care and treatment of the consumer in

the sending state and the appropriate authorities in the receiving

state find that the best interest of the consumer would be served

thereby, and if the public safety would not be jeopardized thereby,

Oklahoma Statutes - Title 43A. Mental Health Page 184

the consumer may receive aftercare or supervision in the receiving

state.

(c) In supervising, treating, or caring for a consumer on

aftercare, pursuant to the terms of this article, a receiving state

shall employ the same standards of visitation, examination, care,

and treatment that it employs for similar local consumers.

ARTICLE V

Whenever a dangerous or potentially dangerous consumer escapes

from an institution in any party state, that state shall promptly

notify all appropriate authorities within and without the

jurisdiction of the escape in a manner reasonably calculated to

facilitate the speedy apprehension of the escapee. Immediately upon

the apprehension and identification of any such dangerous or

potentially dangerous consumer, the consumer shall be detained in

the state where found pending disposition in accordance with law.

ARTICLE VI

The duly-accredited officers of any state party to this compact,

upon the establishment of their authority and the identity of the

consumer, shall be permitted to transport any consumer being moved

pursuant to this compact through any and all states party to this

compact, without interference.

ARTICLE VII

(a) No person shall be deemed a consumer of more than one

facility at any given time. Completion of transfer of any consumer

to a facility in a receiving state shall have the effect of making

the person a consumer of the facility in the receiving state.

(b) The sending state shall pay all costs of and incidental to

the transportation of any consumer pursuant to this compact, but any

two or more party states may, by making a specific agreement for

that purpose, arrange for a different allocation of costs as among

themselves.

(c) No provision of this compact shall be construed to alter or

affect any internal relationships among the departments, agencies

and officers of and in the government of a party state, or between a

party state and its subdivisions, as to the payment of costs, or

responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any

party state or subdivision thereof from asserting any right against

any person, agency or other entity in regard to costs for which such

party state or subdivision thereof may be responsible pursuant to

any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any

reciprocal agreement between a party state and a nonparty state

relating to institutionalization, care or treatment of the mentally

ill or mentally deficient, or any statutory authority pursuant to

which such agreements may be made.

ARTICLE VIII

Oklahoma Statutes - Title 43A. Mental Health Page 185

(a) Nothing in this compact shall be construed to abridge,

diminish, or in any way impair the rights, duties, and

responsibilities of any guardian of the consumer on behalf of the

guardian or in respect of any patient for whom the guardian may

serve, except that where the transfer of any consumer to another

jurisdiction makes advisable the appointment of a supplemental or

substitute guardian, any court of competent jurisdiction in the

receiving state may make such supplemental or substitute appointment

and the court which appointed the previous guardian shall upon being

duly advised of the new appointment, and upon the satisfactory

completion of such accounting and other acts as such court may by

law require, relieve the previous guardian of power and

responsibility to whatever extent shall be appropriate in the

circumstances; provided, however, that in the case of any consumer

having settlement in the sending state, the court of competent

jurisdiction in the sending state shall have the sole discretion to

relieve a guardian appointed by it or continue his power and

responsibility, whichever it shall deem advisable. The court in the

receiving state may, in its discretion, confirm or reappoint the

person or persons previously serving as guardian in the sending

state in lieu of making a supplemental or substitute appointment.

(b) The term “guardian” as used in paragraph (a) of this article

shall include any guardian, trustee, legal committee, conservator,

or other person or agency however denominated who is charged by law

with power to act for or responsibility for the person or property

of a consumer.

ARTICLE IX

(a) No provision of this compact except Article V shall apply to

any person institutionalized while under sentence in a penal or

correctional institution or while subject to trial on a criminal

charge, or whose institutionalization is due to the commission of an

offense for which, in the absence of mental illness or mental

deficiency, said person would be subject to incarceration in a penal

or correctional institution.

(b) To every extent possible, it shall be the policy of states

party to this compact that no consumer shall be placed or detained

in any prison, jail or lockup, but such consumer shall, with all

expedition, be taken to a suitable facility for mental illness or

mental deficiency.

ARTICLE X

(a) Each party state shall appoint a “compact administrator”

who, on behalf of the state of the compact administrator, shall act

as general coordinator of activities under the compact in the state

of the compact administrator and who shall receive copies of all

reports, correspondence, and other documents relating to any

consumer processed under the compact by the state of the compact

administrator either in the capacity of sending or receiving state.

Oklahoma Statutes - Title 43A. Mental Health Page 186

The compact administrator or a duly designated representative shall

be the official with whom other party states shall deal in any

matter relating to the compact or any consumer processed thereunder.

(b) The compact administrators of the respective party states

shall have power to promulgate reasonable rules and regulations to

carry out more effectively the terms and provisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any two or

more party states may enter into supplementary agreements for the

provision of any service or facility or for the maintenance of any

institution on a joint or cooperative basis whenever the states

concerned shall find that such agreements will improve services,

facilities, or institutional care and treatment in the fields of

mental illness or mental deficiency. No such supplementary

agreement shall be construed so as to relieve any party state of any

obligation which it otherwise would have under other provisions of

this compact.

ARTICLE XII

This compact shall enter into full force and effect as to any

state when enacted by it into law and such state shall thereafter be

a party thereto with any and all states legally joining therein.

ARTICLE XIII

(a) A state party to this compact may withdraw therefrom by

enacting a statute repealing the same. Such withdrawal shall take

effect one (1) year after notice thereof has been communicated

officially and in writing to the governors and compact

administrators of all other party states. However, the withdrawal

of any state shall not change the status of any consumer who has

been sent to said state or sent out of said state pursuant to the

provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII(b) as

to costs or from any supplementary agreement made pursuant to

Article XI shall be in accordance with the terms of such agreement.

ARTICLE XIV

This compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this compact shall be

severable and if any phrase, clause, sentence or provision of this

compact is declared to be contrary to the constitution of any party

state or of the United States or the applicability thereof to any

government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this compact shall be held contrary to the

constitution of any state party thereto, the compact shall remain in

full force and effect as to the remaining states and in full force

and effect as to the state affected as to all severable matters.

Oklahoma Statutes - Title 43A. Mental Health Page 187
Okla. Stat. tit. 43, § 43-211 — OK Code / Title 43 / Section 43-211
Management, sale or encumbrance of property of one by the
Status: in_force

other, when.

In case the husband or wife abandons the other and removes from

the state, and is absent therefrom for one (1) year, without

providing for the maintenance and support of his or her family, or

is sentenced to imprisonment either in the county jail or State

Penitentiary for the period of one (1) year or more, the district

court of the county or judicial subdivision where the husband or

wife so abandoned or not imprisoned resides, may, on application by

affidavit of such husband or wife, setting forth fully the facts,

supported by such other testimony as the court may deem necessary,

authorize him or her to manage, control, sell or encumber the

property of the said husband or wife for the support and maintenance

of the family, and for the purpose of paying debts contracted prior

to such abandonment or imprisonment. Notice of such proceedings

shall be given the opposite party, and shall be served as summons

are served in ordinary actions.
Okla. Stat. tit. 43, § 43-118C — OK Code / Title 43 / Section 43-118C
Deductions from gross income for qualified other
Status: in_force

children.

A. Deductions for other children of either parent who are

qualified under this section may be considered by the court for the

purpose of reducing the gross income of the parent. Adjustments are

available for a child:

1. Who is the biological, legal, or adopted child of the

parent;

2. Who was born prior to or after the child in the case under

consideration;

3. Whom the parent is actually supporting; and

4. Who is not before the court to set, modify, or enforce

support in the case immediately under consideration.

B. Children for whom support is being determined in the case

under consideration, stepchildren, and other minors in the home that

the parent has no legal obligation to support shall not be

considered in the calculation of this deduction.

C. If the court finds a parent has a parent-child relationship

with a child not before the court, the court may grant a deduction

for that child as set forth in subsection D of this section.

D. Calculation of deduction for qualified other children.

1. Out-of-home children.

a. To receive a deduction against gross income for child

support provided pursuant to a court order for

qualified other children whose primary residence is

not in the home of the parent seeking deduction, the

parent shall establish the existence of a support

order and provide documented proof of support paid for

the other child consistently over a reasonable and

extended period of time prior to the initiation of the

proceeding that is immediately under consideration by

the tribunal, but in any event, such time period shall

not be less than twelve (12) months.

b. Documented proof of support includes:

(1) physical evidence of monetary payments to the

caretaker of the child, such as canceled checks

or money orders, and

(2) evidence of payment of child support under

another child support order, such as a payment

history from a tribunal clerk or child support

Oklahoma Statutes - Title 43. Marriage and Family Page 85

office or from the Internet child support payment

history of the Department of Human Services.

c. The available deduction against gross income for

either parent's qualified children not in the home of

the parent is the actual documented court-ordered

current monthly child support obligation of the

qualified other children, averaged to a monthly amount

of support paid over the most recent twelve-month

period.

2. In-home children.

a. To receive a deduction against gross income for

qualified other prior-born or after-born children

whose primary residence is with the parent seeking

deduction, but who are not part of the case being

determined, the parent must establish a legal duty of

support and that the child resides with the parent

more than fifty percent (50%) of the time. Documents

that may be used to establish that the parent and

child share the same residence include the school or

medical records showing the address of the child and

the utility bills of the parents mailed to the same

address, court orders reflecting the parent is the

primary residential parent or that the parent shares

the parenting time of the child fifty percent (50%) of

the time.

b. The deduction for other qualified children shall be

computed as a hypothetical child support order

calculated using the deduction worksheet, the gross

income of the parents, the total number of qualified

other children living in the home of the parent, and

the Child Support Guideline Schedule. The deduction

worksheet shall be prepared by the Department of Human

Services and shall be published by the Administrative

Office of the Courts.

c. The available deduction against gross income for the

qualified in-home children of either parent is

seventy-five percent (75%) of a hypothetical support

order calculated according to these Guidelines, using

the Deduction Worksheet, the gross income of the

parent less any self-employment taxes paid, the total

number of qualified other children living in the home

of the parents, and the Child Support Guideline

Schedule.
Okla. Stat. tit. 43, § 43-125 — OK Code / Title 43 / Section 43-125
Validation of decrees annulling marriage or granting
Status: in_force

divorce.

A judgment or decree, heretofore rendered by a court having

jurisdiction of the parties, annulling a marriage and/or granting a

divorce, on the grounds that one of the parties had been previously

married and divorced and said divorce decree had not become final,

is hereby validated.
Okla. Stat. tit. 43A, § 43A-2-301 — OK Code / Title 43A / Section 43A-2-301
Office, records and files
Status: in_force

The principal office of the Department, with all records and

files of same, shall be maintained in Oklahoma City, Oklahoma and

shall be designated the central office. Names of all personnel

employed in each institution in the Department; all essential and

important data; statistical information and correspondence relative

to the Department and its institutions shall be filed in the office

of the Commissioner and by his supervision.
Okla. Stat. tit. 43, § 43-551-112 — OK Code / Title 43 / Section 43-551-112
Cooperation between courts; preservation of records
Status: in_force

COOPERATION BETWEEN COURTS; PRESERVATION OF RECORDS

A. A court of this state may request the appropriate court of

another state to:

1. Hold an evidentiary hearing;

2. Order a person to produce or give evidence pursuant to

procedures of that state;

3. Order that an evaluation be made with respect to the custody

of a child involved in a pending proceeding;

4. Forward to the court of this state a certified copy of the

transcript of the record of the hearing, the evidence otherwise

presented, and any evaluation prepared in compliance with the

request; and

5. Order a party to a child custody proceeding or any person

having physical custody of the child to appear in the proceeding

with or without the child.

B. Upon request of a court of another state, a court of this

state may hold a hearing or enter an order described in subsection A

of this section.

C. Travel and other necessary and reasonable expenses incurred

under subsections A and B of this section may be assessed against

the parties according to the laws of this state.

D. A court of this state shall preserve the pleadings, orders,

decrees, records of hearings, evaluations, and other pertinent

records with respect to a child custody proceeding until the child

attains eighteen (18) years of age. Upon appropriate request by a

court or law enforcement official of another state, the court shall

forward a certified copy of those records.
Okla. Stat. tit. 43A, § 43A-10-106 — OK Code / Title 43A / Section 43A-10-106
Voluntary protective services
Status: in_force

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

of its investigation or an investigation by the Office of Client

Advocacy within the State Department of Health, that a vulnerable

adult needs protective services, the Department of Human Services

shall immediately provide or arrange for the provision of available

protective services in the least restrictive manner, provided the

person affirmatively consents to receive these services.

B. 1. When a caretaker of a vulnerable adult who consents to

the receipt of protective services refuses to allow the provision of

such services to the person, the Department may petition to the

court for a decree enjoining the caretaker from interfering with the

provision of protective services to the person.

2. The complaint must allege specific facts sufficient to show

that the person is a vulnerable adult in need of protective

services, consents to the receipt of protective services, and that

the caretaker refuses to allow the provision of such services.

3. If the court finds that the person is a vulnerable adult in

need of protective services, consents to the receipt of protective

services, and that the caretaker refuses to allow the provision of

such services, the court may enter a decree:

a. enjoining the caretaker from interfering with the

provision of protective services to the vulnerable

adult, and

b. freezing the assets of the vulnerable adult if it has

been determined by preponderance of the evidence that

the vulnerable adult is being exploited and it is

necessary to protect such assets.

C. If a vulnerable adult does not consent to the receipt of

protective services or withdraws consent to the receipt of such

services, the services shall be terminated, unless the Department

determines that the person lacks capacity to consent, in which case

the Department may seek court authorization to provide services

pursuant to Section 10-108 of this title.

D. 1. Payment for the costs of providing protective services

shall be made from either:

Oklahoma Statutes - Title 43A. Mental Health Page 216

a. the assets of the vulnerable adult consenting to the

receipt of voluntary protective services, or

b. any available private or public assistance programs

for which the vulnerable adult is eligible.

2. If no assets or other private or public funds are available

to the person, payment shall be made from a fund established by the

Department for the purpose of providing emergency adult protective

services, subject to availability of funds.
Okla. Stat. tit. 43A, § 43A-1-105 — OK Code / Title 43A / Section 43A-1-105
Mental or legal incompetence - Presumptions
Status: in_force

No person admitted to any facility shall be considered or

presumed to be mentally or legally incompetent except those persons

who have been determined to be mentally or legally incompetent in

separate and independent proceedings of an appropriate district

court.
Okla. Stat. tit. 43, § 43-601-710 — OK Code / Title 43 / Section 43-601-710
Recognition and enforcement of registered foreign
Status: in_force

support agreements - Exceptions.

A. Except as otherwise provided in subsections C and D of this

section, a tribunal of this state shall recognize and enforce a

foreign support agreement registered in this state.

B. An application or direct request for recognition and

enforcement of a foreign support agreement must be accompanied by:

1. A complete text of the foreign support agreement; and

2. A record stating that the foreign support agreement is

enforceable as an order of support in the issuing country.

C. A tribunal of this state may vacate the registration of a

foreign support agreement only if, acting on its own motion, the

tribunal finds that recognition and enforcement would be manifestly

incompatible with public policy.

D. In a contest of a foreign support agreement, a tribunal of

this state may refuse recognition and enforcement of the agreement

if it finds:

1. Recognition and enforcement of the agreement is manifestly

incompatible with public policy;

2. The agreement was obtained by fraud or falsification;

3. The agreement is incompatible with a support order involving

the same parties and having the same purpose in this state, another

state or a foreign country if the support order is entitled to

recognition and enforcement under this act in this state; or

4. The record submitted under subsection B of this section

lacks authenticity or integrity.

E. A proceeding for recognition and enforcement of a foreign

support agreement must be suspended during the pendency of a

challenge to or appeal of the agreement before a tribunal of another

state or a foreign country.
Okla. Stat. tit. 43, § 43-601-402 — OK Code / Title 43 / Section 43-601-402
Responding tribunal
Status: in_force

A tribunal of this state authorized to determine parentage of a

child may serve as a responding tribunal in a proceeding to

determine parentage of a child brought under this act or a law or

procedure substantially similar to this act.
Okla. Stat. tit. 43, § 43-601-310 — OK Code / Title 43 / Section 43-601-310
Duties of state information agency
Status: in_force

A. The Child Support Enforcement Division of the Department of

Human Services is the state information agency under this act.

B. The state information agency shall:

1. Compile and maintain a current list, including addresses, of

the tribunals in this state which have jurisdiction under this act

and any support enforcement agencies in this state and transmit a

copy to the state information agency of every other state;

2. Maintain a register of names and addresses of tribunals and

support enforcement agencies received from other states;

3. Forward to the appropriate tribunal in the county in this

state in which the obligee who is an individual or the obligor

resides, or in which the obligor's property is believed to be

located, all documents concerning a proceeding under this act

received from another state or a foreign country; and

Oklahoma Statutes - Title 43. Marriage and Family Page 188

4. Obtain information concerning the location of the obligor

and the obligor's property within this state not exempt from

execution, by such means as postal verification and federal or state

locator services, examination of telephone directories, requests for

the obligor's address from employers, and examination of

governmental records, including, to the extent not prohibited by

other law, those relating to real property, vital statistics, law

enforcement, taxation, motor vehicles, driver's licenses, and social

security.
Okla. Stat. tit. 43A, § 43A-554 — OK Code / Title 43A / Section 43A-554
Renumbered as § 5-307 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-556 — OK Code / Title 43A / Section 43A-556
Renumbered as § 5-309 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-551-304 — OK Code / Title 43 / Section 43-551-304
Temporary visitation
Status: in_force

TEMPORARY VISITATION

A. A court of this state which does not have jurisdiction to

modify a child custody determination, may issue a temporary order

enforcing:

1. A visitation schedule made by a court of another state; or

2. The visitation provisions of a child custody determination

of another state that does not provide for a specific visitation

schedule.

B. If a court of this state makes an order under paragraph 2 of

subsection A of this section, it shall specify in the order a period

of time that it considers adequate to allow the petitioner to obtain

an order from a court having jurisdiction under the criteria

specified in Article 2 of this act. The order remains in effect

until an order is obtained from the other court or the time period

expires.
Okla. Stat. tit. 43A, § 43A-615 — OK Code / Title 43A / Section 43A-615
Renumbered as § 3-303 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-1-107 — OK Code / Title 43A / Section 43A-1-107
Venue of actions - Hearings
Status: in_force

A. Civil actions for involuntary commitment or assisted

outpatient treatment of a person may be brought in any of the

following counties:

1. The person's county of residence;

2. The county where the person was first taken into protective

custody; or

3. The county in which the person is being held on emergency

detention.

B. If a civil action for involuntary commitment or assisted

outpatient treatment can be brought in more than one county pursuant

to the provisions of subsection A of this section, the action may be

filed in any of such counties. No court shall refuse any case

solely because the action may have been brought in another county.

C. 1. Hearings in actions for involuntary commitment or

assisted outpatient treatment may be held within the mental health

facility in which the person is being detained or is to be committed

whenever the judge deems it to be in the best interests of the

consumer.

2. Such hearings shall be conducted by any judge designated by

the presiding judge of the judicial district. Hearings may be held

in an area of the facility designated by the executive director and

agreed upon by the presiding judge of that judicial district.

D. The court may conduct any nonjury hearing required or

authorized pursuant to the provisions of this title for detained or

confined persons, at the discretion of the judge, by video

teleconferencing after advising the person subject to possible

detention or commitment of his or her constitutional rights. If the

video teleconferencing hearing is conducted, the image of the

detainee or person subject to commitment may be broadcast by secure

video to the judge. A secure video system shall provide for two-way

communications including image and sound between the detainee and

the judge.

E. The provisions for criminal venue as provided otherwise by

law shall not be applicable to proceedings encompassed by commitment

statutes referred to in this title which are deemed civil in nature.

Oklahoma Statutes - Title 43A. Mental Health Page 21

F. Unless otherwise provided by law, the rules of civil

procedure shall apply to all judicial proceedings provided for in

this title, including, but not limited to, the rules concerning

vacation of orders and appellate review.
Okla. Stat. tit. 43, § 43-122 — OK Code / Title 43 / Section 43-122
Effect of divorce
Status: in_force

A divorce granted at the instance of one party shall operate as

a dissolution of the marriage contract as to both, and shall be a

bar to any claim of either party in or to the property of the other,

except in cases where actual fraud shall have been committed by or

on behalf of the successful party.
Okla. Stat. tit. 43A, § 43A-4-106 — OK Code / Title 43A / Section 43A-4-106
Mechanical restraints - Record
Status: in_force

A. Mechanical restraints shall not be applied to a consumer

unless:

1. It is determined by an allopathic physician, osteopathic

physician, physician assistant or advanced practice registered nurse

who is authorized to order restraint by hospital or community-based

structured crisis center, as defined by Section 3-317 of this title,

policy to be required by the medical needs of the consumer; or

2. An emergency situation arises and a mechanical restraint is

necessary for the safety of the individual or others. The

mechanical restraint may be applied after obtaining a verbal order

of an allopathic physician, osteopathic physician, physician

assistant or advanced practice registered nurse as long as the

consumer receives a face-to-face examination within one (1) hour

after the restraint is applied by an allopathic physician,

osteopathic physician, physician assistant, advanced practice

registered nurse or registered nurse trained in restraint management

in accordance with the then-current standards promulgated by the

United States Department of Health and Human Services and authorized

by hospital policy.

B. No mechanical restraint shall be continued for longer than

is absolutely necessary under the circumstances. Regardless of who

orders the restraint, every use of a mechanical restraint, the

Oklahoma Statutes - Title 43A. Mental Health Page 108

reasons and length of time, shall be made a part of the clinical

record of the consumer under the signature of the attending

allopathic physician or osteopathic physician.
Okla. Stat. tit. 43A, § 43A-7-104 — OK Code / Title 43A / Section 43A-7-104
Placement of homeless consumers
Status: in_force

A. In the case of a consumer who has substantially impaired

ability to provide adequate self care or custody and who has no home

or relatives or friends able and willing to care for the consumer,

the executive director prior to discharge from the facility shall

make a reasonable effort to arrange an appropriate placement and

necessary services for the consumer.

B. When necessary, the executive director shall refer to other

public or voluntary agencies for assistance; provided, nothing in

this section or Section 7-102 of this title shall be construed as

restricting the right of an adult consumer, when such consumer has

not been found by a court to be incompetent, to determine the

placement or residence of such consumer upon discharge from a

facility.
Okla. Stat. tit. 43A, § 43A-1-110 — OK Code / Title 43A / Section 43A-1-110
Law enforcement responsibility for transporting persons
Status: in_force

for mental health services – Use of telemedicine - Reimbursement of

expenses.

A. As an alternative to transport under subsection B of this

section for the sole purpose of initial assessment of a person who

the officer reasonably believes is a person requiring treatment, as

defined in Section 1-103 of this title, sheriffs and peace officers

may request an assessment at the point of initial contact by the

Department of Mental Health and Substance Abuse Services. To

conduct the assessment, the Department may utilize:

1. Telemedicine, when such capability is available through a

mobile computing device in the possession of the local law

enforcement agency, to have the person assessed by a licensed mental

health professional employed by or under contract with a facility

operated by, certified by, or contracted with the Department; or

2. An in-person assessment by a licensed mental health

professional on a mobile crisis response team or who is employed by

or under contract with a facility operated by, certified by, or

contracted with the Department.

B. 1. To serve the mental health needs of persons of their

jurisdiction, peace officers shall be responsible for transporting

individuals in need of:

a. initial assessment, except when the individual has

been assessed at the point of initial contact by the

Department under subsection A of this section, or

b. emergency detention or protective custody under

Section 5-207 of this title, unless the officer has

already transported the individual to the facility for

initial assessment,

Oklahoma Statutes - Title 43A. Mental Health Page 29

from the point of initial contact to the nearest facility, as

defined in Section 1-103 of this title, that is appropriate for

initial assessment or treatment of the individual within a thirty-

mile radius of the peace officer’s operational headquarters.

2. Transportation to the nearest appropriate facility shall be

completed by either the Department of Mental Health and Substance

Abuse Services or an entity contracted by the Department for

alternative transportation if:

a. there is not an appropriate facility within a thirty-

mile radius of the peace officer’s operational

headquarters, or

b. the officer has already transported the individual to

an appropriate facility for initial assessment.

3. For purposes of this section, “initial contact” is defined

as contact with an individual in need of assessment, emergency

detention, or protective custody made by a law enforcement officer.

Initial contact in this section does not include an individual self-

presenting at a facility as defined in Section 1-103 of this title.

4. When an individual self-presents at a facility as defined in

Section 1-103 of this title or at a medical facility and is placed

into protective custody under Section 5-207 of this title due to a

determination that the individual is a person requiring treatment as

defined in Section 1-103 of this title, and if transport to another

facility is needed for initial assessment or treatment, the person

shall be transported to the nearest appropriate facility by the

Department or an entity contracted by the Department for alternative

transportation.

5. When an individual self-presents at a facility as defined in

Section 1-103 of this title or at a medical facility and is not

placed into protective custody under Section 5-207 of this title,

but consents to voluntary transport to a facility as defined in

Section 1-103 of this title for treatment, transport or the

arrangement of transport shall be the responsibility of the facility

receiving the individual, unless the individual chooses to arrange

his or her own transportation.

6. The transportation requirements provided by this subsection,

to the extent such requirements are applicable to peace officers,

shall be considered fulfilled once the person has been transported

to the facility, the officer has made contact with the appropriate

staff of the facility, and the staff of the facility have determined

that the patient does not present a clear or immediate threat to his

or her own safety or to the safety of the staff of the facility.

Once custody of the individual has been transferred to the

appropriate facility staff, the peace officer shall not be required

to remain at the facility with the individual pending initial

assessment or treatment.

Oklahoma Statutes - Title 43A. Mental Health Page 30

C. A municipal law enforcement agency shall be responsible for

transportation as provided in this section for any individual found

within such municipality’s jurisdiction. The county sheriff shall

be responsible for transportation as provided in this section for

any individual found outside of a municipality’s jurisdiction, but

within the county.

D. Once an individual has been presented to an appropriate

facility as provided in subsection B of this section, the Department

of Mental Health and Substance Abuse Services or an entity

contracted by the Department shall be responsible for any subsequent

transportation of such individual.

E. Sheriffs and peace officers shall be entitled to

reimbursement from the Department of Mental Health and Substance

Abuse Services for transportation services associated with minors or

adults requiring initial assessment, emergency detention, protective

custody, and inpatient services.

F. Any transportation provided by a sheriff or deputy sheriff

or a peace officer on behalf of any county, city, town, or

municipality of this state, to or from any facility for the purpose

of initial assessment, admission, interfacility transfer, medical

treatment, or court appearance shall be reimbursed in accordance

with the provisions of the State Travel Reimbursement Act.

G. Nothing in this section shall prohibit a law enforcement

agency or the Department of Mental Health and Substance Abuse

Services from entering into a lawful agreement with any other law

enforcement agency to fulfill the requirements established by this

section or from contracting with a third party to provide the

services established by this section, provided the third party meets

minimum standards as determined by the Department.

H. A law enforcement agency shall not be liable for the actions

of a peace officer commissioned by the agency when such officer is

providing services as a third party pursuant to subsection G of this

section outside his or her primary employment as a peace officer.

I. 1. For purposes of transportation completed by the

Department of Mental Health and Substance Abuse Services or an

entity contracted by the Department as required by this section, the

use of mechanical restraints shall not be applied to an individual

being transported unless:

a. the individual being transported physically assaults

or attempts to physically assault the person lawfully

conducting the transportation of the individual

pursuant to the provisions of this section and the

person lawfully conducting the transportation believes

such restraints are necessary for the safety of

himself or herself or the protection of others,

b. the individual being transported attempts or causes

serious physical injury to self and the person

Oklahoma Statutes - Title 43A. Mental Health Page 31

lawfully conducting the transportation believes such

restraints are necessary for the safety of the

individual being transported, or

c. the individual being transported has a propensity

toward violence as indicated by past transports,

criminal charges, or mental health history and as

identified in the transport request form, and the

person lawfully conducting the transportation believes

such restraints are necessary for the safety of

himself or herself, for the safety of the individual

being transported, or for the protection of others.

2. The mechanical restraint shall be continued for no longer

than is necessary under the circumstances described in paragraph 1

of this subsection. Every use of a mechanical restraint, the

reasons, and the length of time, shall be made a part of the

clinical record of the consumer under the signature of the

individual responsible for the transportation as required by this

section.
Okla. Stat. tit. 43A, § 43A-5-411 — OK Code / Title 43A / Section 43A-5-411
Rights of individual alleged to require treatment
Status: in_force

A. An individual alleged to be a person requiring treatment

shall have the following rights:

1. The right to notice, as provided by Section 5-412 of this

title;

2. The right to counsel, including court-appointed counsel, and

if the person has no counsel, that the court shall appoint an

attorney to represent the person at no cost if the person is an

indigent person and cannot afford an attorney;

3. The right to a hearing and the right to a closed hearing,

unless the person requests otherwise;

4. Upon request, right to a jury trial. The jury shall be

composed of six persons having the qualifications required of jurors

in courts of record;

5. The right to be present at the hearing on the petition or

jury trial. The person shall be present at the hearing or jury

trial unless the court finds that the presence of the person alleged

to be a person requiring treatment makes it impossible to conduct

the hearing or trial in a reasonable manner or that the presence of

the person would be injurious to the health or well-being of such

person.

a. The court shall not decide in advance of the hearing,

solely on the basis of the mental health evaluation,

that the person alleged to be a person requiring

treatment should not be allowed nor required to

appear.

b. Prior to issuing an order excluding the person from

the hearing or jury trial, the court shall find, based

upon clear and convincing evidence, that alternatives

to exclusion of the person were attempted;

6. The right to present and to cross-examine witnesses. The

petitioner and witnesses identified in the petition shall offer

testimony under oath at the hearing on the petition. When the

hearing is conducted as a jury trial, the petitioner and any witness

in behalf of the petitioner shall be subject to cross-examination by

the attorney for the person alleged to be a person requiring

treatment. The person alleged to be a person requiring treatment

may also be called as a witness and cross-examined.

B. An individual alleged to be or found by a court to be a

person requiring treatment shall be afforded such other rights as

are guaranteed by state and federal law.

C. No statement, admission or confession made by the person

alleged to be a person requiring treatment shall be used for any

purpose except for proceedings under this act. No such statement,

Oklahoma Statutes - Title 43A. Mental Health Page 143

admission or confession may be used against such person in any

criminal action whether pending at the time the hearing is held or

filed against such person at any later time directly or in any

manner or form.

D. An attorney appointed by the court to represent a person

alleged to be a person requiring treatment shall be a licensed and

actively practicing attorney who shall represent the person until

final disposition of the case. The court may appoint a public

defender where available.

1. The attorney appointed by the court shall meet and consult

with the person within one (1) day of notification of the

appointment. The attorney shall immediately, upon meeting with the

person alleged to be a person requiring treatment, present to such

person a statement of the rights, including all rights afforded to

persons alleged to be a person requiring treatment by the Oklahoma

and the United States Constitutions.

2. The court-appointed attorney shall be replaced by another

attorney if:

a. the person alleged to be a person requiring treatment

prefers the services of an attorney other than the one

initially appointed for the person,

b. the preferred attorney agrees to accept the

responsibility, and

c. the person alleged to be a person requiring treatment

or the preferred attorney notifies the court of the

preference and the attorney's acceptance of

employment.

The preferred attorney shall meet and consult with the person within

one (1) day of employment or appointment. Any request for

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

considering the facts and circumstances of each particular case,

including cost.

3. The attorney fees for all services shall be paid by the

person alleged to be a person requiring treatment. However, if the

person alleged to be a person requiring treatment, or a person

empowered pursuant to law to act on behalf of such person, submits

an affidavit that such person is indigent and unable to pay attorney

fees, the attorney fees shall be paid from the court fund, after a

determination by the court that such person is indigent. The amount

of such fee shall be set by the court.

4. The attorney representing the person alleged to be a person

requiring treatment shall notify the court of any current and

unrevoked advance directive that has been executed by such person

pursuant to the Advance Directives for Mental Health Treatment Act

and provide a written copy of the advance directive, if available,

to the court and a representative of the district attorney's office.

Oklahoma Statutes - Title 43A. Mental Health Page 144
Okla. Stat. tit. 43, § 43-571-105 — OK Code / Title 43 / Section 43-571-105
Jurisdiction
Status: in_force

A. A petition under this act may be filed only in a court that

has jurisdiction to make a child custody determination with respect

to the child at issue pursuant to the Uniform Child Custody

Jurisdiction and Enforcement Act, Section 551-201 et seq. of Title

43 of the Oklahoma Statutes.

B. A court of this state has temporary emergency jurisdiction

under Section 551-204 of Title 43 of the Oklahoma Statutes if the

court finds a credible risk of abduction.
Okla. Stat. tit. 43A, § 43A-3-105 — OK Code / Title 43A / Section 43A-3-105
Children's Recovery Center of Oklahoma - Units - Petty
Status: in_force

cash fund.

A. The Children's Recovery Center of Oklahoma, Norman,

Oklahoma, is hereby created and designated a facility within the

Department and shall be operated under the supervision of the

Department. The Children's Recovery Center of Oklahoma shall

consist of:

1. The Adolescent Unit, a building constructed pursuant to the

provisions of Section 10, Chapter 341, O.S.L. 1981, Section 20,

Chapter 374, O.S.L. 1982, Section 32, Chapter 326, O.S.L. 1983 and

Section 114, Chapter 296, O.S.L. 1984; and

2. The Leland Wolf Unit, formerly known and designated as the

Leland Wolf Rehabilitation Center of Central State Griffin Memorial

Hospital.

B. There is hereby created a petty cash fund for the Children's

Recovery Center of Oklahoma. The Director of the Office of

Management and Enterprise Services and Commissioner of Mental Health

and Substance Abuse Services are authorized to fix the maximum

amount of this petty cash fund and the Director of the Office of

Management and Enterprise Services shall prescribe the rules and

procedures for the administration of this petty cash fund.
Okla. Stat. tit. 43A, § 43A-102 — OK Code / Title 43A / Section 43A-102
Renumbered as § 2-307 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-208 — OK Code / Title 43 / Section 43-208
Liability for acts and debts of spouse - Curtesy and dower
Status: in_force

abolished.

A. Neither husband nor wife, as such, is answerable for the

acts of the other.

B. The separate property of the husband is liable for the debts

of the husband contracted before or after marriage, but is not

liable for the debts of the wife contracted before the marriage.

C. The separate property of the wife is liable for the debts of

the wife contracted before or after marriage, but is not liable for

the debts of the husband contracted before the marriage.

D. No estate is allowed the husband as tenant by curtesy, upon

the death of his wife, nor is any estate in dower allotted to the

wife upon the death of her husband.
Okla. Stat. tit. 43, § 43-150.3 — OK Code / Title 43 / Section 43-150.3
Deployed parent - Exercise of visiting rights by third
Status: in_force

party.

A. In order to ensure an ongoing relationship with the child

while deployed, pursuant to the Deployed Parents Custody and

Visitation Act, upon application to the court by the deploying

parent, the court shall designate a family member or another person

with a close and substantial relationship to the child to exercise

his or her visitation rights, unless the court determines it is not

in the best interests of the child.

B. Visitation awarded pursuant to this section derives from the

deploying parent’s own right to custodial responsibility. Neither

this section nor a court order permitting designation shall be

deemed to create any separate or permanent rights to visitation.
Okla. Stat. tit. 43A, § 43A-5-405 — OK Code / Title 43A / Section 43A-5-405
Renumbered as § 5-416 of this title by Laws 1997, c
Status: in_force

387, § 12, eff. Nov. 1, 1997.
Okla. Stat. tit. 43A, § 43A-617 — OK Code / Title 43A / Section 43A-617
Renumbered as § 3-305 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-2-106 — OK Code / Title 43A / Section 43A-2-106
Grants, devises, donations and bequests - Investment of
Status: in_force

funds - Lease or sale of property - Annual account to State Auditor

and Inspector.

A. 1. The Board of Mental Health and Substance Abuse Services,

the Commissioner of Mental Health and Substance Abuse Services or

any employee of the Department of Mental Health and Substance Abuse

Services designated by the Commissioner may solicit and receive

Oklahoma Statutes - Title 43A. Mental Health Page 35

contributions, gifts and donations for use by the Department of

Mental Health and Substance Abuse Services, or to any institution

therein. The Board of Mental Health and Substance Abuse Services

shall accept, hold in trust and authorize the use of any grant or

devise of land, or any donation or bequest of money, or other

personal property made to the Department of Mental Health and

Substance Abuse Services, or to any institution therein, so long as

the terms of the grant, donation, bequest, gift, or will are carried

out.

2. The Board may invest and reinvest any funds and may lease

any real or personal property, may sell any personal property and

may invest the proceeds, for the benefit of the Department or any

institution therein unless prevented by the terms of the grant,

donation, bequest, gift or will.

B. The Board may lease any property owned or held in trust to

any other state agency, political subdivision, federal agency,

county, municipality or a nonprofit organization for a period not to

exceed fifty (50) years.

C. The Department must annually account to the State Auditor

and Inspector for all monies or property received or expended by

virtue of this section. The account shall state:

1. The source of the monies or property received with the

actual date of its receipt;

2. The particular use or place for which it was expended; and

3. The balance on hand showing the place of deposit of the

unexpended balance.
Okla. Stat. tit. 43, § 43-120.4 — OK Code / Title 43 / Section 43-120.4
Report of decision
Status: in_force

A. A report of the decisions and recommendations made by the

parenting coordinator shall be filed with the court within twenty

(20) days, with copies of the report provided to the parties or

their counsel. There shall be no ex parte communication with the

court.

B. Any decisions made by the parenting coordinator authorized

by the court order and issued pursuant to the provisions of the

Parenting Coordinator Act shall be binding on the parties until

further order of the court.

C. 1. Any party may file with the court and serve on the

parenting coordinator and all other parties an objection to the

parenting coordinator’s report within ten (10) days after the

parenting coordinator provides the report to the parties, or within

another time as the court may direct.

Oklahoma Statutes - Title 43. Marriage and Family Page 108

2. Responses to the objections shall be filed with the court

and served on the parenting coordinator and all other parties within

ten (10) days after the objection is served.

D. The court shall review any objections to the report and any

responses submitted to those objections to the report and shall

thereafter enter appropriate orders.
Okla. Stat. tit. 43A, § 43A-54.9 — OK Code / Title 43A / Section 43A-54.9
Renumbered as § 5-405 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-5.1 — OK Code / Title 43 / Section 43-5.1
Premarital counseling
Status: in_force

A. The clerk of the district court shall reduce the fee for a

marriage license as prescribed by Section 31 of Title 28 of the

Oklahoma Statutes to persons who have successfully completed a

premarital counseling program meeting the conditions specified by

this section.

B. 1. A premarital counseling program shall be conducted by a

health professional, an official representative of a religious

institution, or a person trained by the principal authors or duly

authorized agents of the principal authors of nationally recognized

marriage education curriculum including, but not limited to,

Prevention & Relationship Enhancement Program (PREP). Upon

successful completion of the program, the counseling program

provider shall issue to the persons a certificate signed by the

instructor of the counseling program. The certificate shall state

that the named persons have successfully completed the premarital

counseling requirements. A minimum of four (4) hours of education

or counseling shall be necessary for successful completion of the

marriage education curriculum.

Oklahoma Statutes - Title 43. Marriage and Family Page 12

2. For purposes of this subsection, the term “health

professional” means a person licensed or certified by this state to

practice psychiatry or psychology; a licensed social worker with

experience in marriage counseling; a licensed marital and family

therapist; or a licensed professional counselor.
Okla. Stat. tit. 43A, § 43A-3-323 — OK Code / Title 43A / Section 43A-3-323
Gambling addiction treatment program - Injunction
Status: in_force

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

Substance Abuse Services, or any district attorney may bring an

action for an injunction against any gambling addiction treatment

program found to be in violation of the provisions of Section 18 of

this act, or any order or determination of the Department.

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

provisions of this section, any findings of the Department, after

hearing and due notice, shall be prima facie evidence of the facts

found therein.
Okla. Stat. tit. 43, § 43-601-706 — OK Code / Title 43 / Section 43-601-706
Registration of support order
Status: in_force

A. Except as otherwise provided in this article, a party who is

an individual or a support enforcement agency seeking recognition of

a convention support order shall register the order in this state as

provided in Article 6.

B. Notwithstanding Sections 601-311 and subparagraph a of

Section 601-602 of Title 43 of the Oklahoma Statutes, a request for

registration of a Convention support order must be accompanied by:

1. A complete text of the support order or an abstract or

extract of the support order drawn up by the issuing foreign

tribunal, which may be in the form recommended by the Hague

Conference on Private International Law;

2. A record stating that the support order is enforceable in

the issuing country;

3. If the respondent did not appear and was not represented in

the proceedings in the issuing country, a record attesting, as

appropriate, either that the respondent had proper notice of the

proceedings and an opportunity to be heard or that the respondent

had proper notice of the support order and an opportunity to be

heard in a challenge or appeal on fact or law before a tribunal;

4. A record showing the amount of arrears, if any, and the date

the amount was calculated;

5. A record showing a requirement for automatic adjustment of

the amount of support, if any, and the information necessary to make

the appropriate calculations; and

6. If necessary, a record showing the extent to which the

applicant received free legal assistance in the issuing country.

C. A request for registration of a convention support order may

seek recognition and partial enforcement of the order.

D. A tribunal of this state may vacate the registration of a

Convention support order without the filing of a contest under

Section 601-707 of Title 43 of the Oklahoma Statutes only if, acting

on its own motion, the tribunal finds that recognition and

enforcement of the order would be manifestly incompatible with

public policy.

Oklahoma Statutes - Title 43. Marriage and Family Page 206

E. The tribunal shall promptly notify the parties of the

registration or the order vacating the registration of a convention

support order.
Okla. Stat. tit. 43A, § 43A-552 — OK Code / Title 43A / Section 43A-552
Renumbered as § 5-305 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-618 — OK Code / Title 43A / Section 43A-618
Renumbered as § 3-306 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-120 — OK Code / Title 43 / Section 43-120
Child support forms
Status: in_force

A. A child support computation form shall be signed by the

judge and incorporated as a part of all orders which establish or

modify a child support obligation.

B. 1. When services are not being provided under the

Department of Human Services State IV-D plan pursuant to Section 237

of Title 56 of the Oklahoma Statutes, a support order summary form

shall be prepared by the attorney of record or the pro se litigant

and presented to the judge with all orders which establish paternity

or establish, modify or enforce a child support obligation. No

paternity or child support order shall be signed by the judge

without presentation of the support order summary form. After the

order is signed by the judge, the summary of support order form

shall be submitted to the Central Case Registry provided for in

Section 112A of this title.

2. Standard forms for motions to modify child support and

orders modifying child support shall be used by all parents for any

agreements submitted to the court for approval as a part of the

informal review and adjustment process provided in Section 118 of

this title.

3. The forms specified by this subsection shall be prepared by

the Department of Human Services and shall be published by the

Administrative Office of the Courts.
Okla. Stat. tit. 43A, § 43A-1-101 — OK Code / Title 43A / Section 43A-1-101
Short title
Status: in_force

This act shall be known as the Mental Health Law.
Okla. Stat. tit. 43, § 43-112.6 — OK Code / Title 43 / Section 43-112.6
Awarding of attorney fees and costs – Victim of domestic
Status: in_force

violence or stalking.

In a dissolution of marriage or separate maintenance or custody

proceeding, a victim of domestic violence or stalking shall be

entitled to reasonable attorney fees and costs after the filing of a

petition, upon application and a showing by a preponderance of

evidence that the party is currently being stalked or has been

stalked or is the victim of domestic abuse. The court shall order

that the attorney fees and costs of the victimized party for the

proceeding be substantially paid for by the abusing party prior to

and after the entry of a final order.
Okla. Stat. tit. 43, § 43-150 — OK Code / Title 43 / Section 43-150
Deployed Parents Custody and Visitation Act
Status: in_force

Sections 3 through 13 of this act shall be known and may be

cited as the “Deployed Parents Custody and Visitation Act”.
Okla. Stat. tit. 43, § 43-118G — OK Code / Title 43 / Section 43-118G
Actual annualized child care expenses
Status: in_force

A. The district or administrative court shall determine the

actual annualized child care expenses reasonably necessary to enable

either or both parents to:

1. Be employed;

2. Seek employment; or

3. Attend school or training to enhance employment income.

B. When a parent is participating in the Department of Human

Services child care subsidy program as provided under Section 230.50

of Title 56 of the Oklahoma Statutes, the Child Care

Eligibility/Rates Schedule established by the Department shall be

used. The actual child care costs incurred shall be the family

share copayment amount indicated on the schedule which shall be

allocated and paid monthly in the same proportion as base child

support. The Department of Human Services shall promulgate rules,

as necessary, to implement the provisions of this section.

C. The actual annualized child care costs incurred for the

purposes authorized by this section shall be allocated and added to

the base child support order and shall be part of the final child

support order.

D. The district or administrative court shall require the

parent incurring child care expenses to notify the obligor within

forty-five (45) days of any change in the amount of the child care

costs that would affect the annualized child care amount as

determined in the order.

E. A parent may be allowed to provide child care incurred

during employment, employment search or while the other parent is

attending school or training if the court determines it would lead

to a significant reduction in the actual annualized child care cost.
Okla. Stat. tit. 43, § 43-601-708 — OK Code / Title 43 / Section 43-601-708
Recognition and enforcement of registered convention
Status: in_force

support orders - Exceptions

A. Except as otherwise provided in subsection B of this

section, a tribunal of this state shall recognize and enforce a

registered convention support order.

B. The following grounds are the only grounds on which a

tribunal of this state may refuse recognition and enforcement of a

registered convention support order:

1. Recognition and enforcement of the order is manifestly

incompatible with public policy, including the failure of the

issuing tribunal to observe minimum standards of due process, which

include notice and an opportunity to be heard;

Oklahoma Statutes - Title 43. Marriage and Family Page 207

2. The issuing tribunal lacked personal jurisdiction consistent

with Section 601-201 of this title;

3. The order is not enforceable in the issuing country;

4. The order was obtained by fraud in connection with a matter

of procedure;

5. A record transmitted in accordance with Section 601-706 of

this title lacks authenticity or integrity;

6. A proceeding between the same parties and having the same

purpose is pending before a tribunal of this state and that

proceeding was the first to be filed;

7. The order is incompatible with a more recent support order

involving the same parties and having the same purpose if the more

recent support order is entitled to recognition and enforcement

under the Uniform Interstate Family Support Act in this state;

8. Payment, to the extent alleged arrears have been paid in

whole or in part;

9. In a case in which the respondent neither appeared nor was

represented in the proceeding in the issuing foreign country:

a. if the law of that country provides for prior notice

of proceedings, the respondent did not have proper

notice of the proceedings and an opportunity to be

heard, or

b. if the law of that country does not provide for prior

notice of the proceedings, the respondent did not have

proper notice of the order and an opportunity to be

heard in a challenge or appeal on fact or law before a

tribunal, or

10. The order was made in violation of Section 601-711 of this

title.

C. If a tribunal of this state does not recognize a convention

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

section:

1. The tribunal may not dismiss the proceeding without allowing

a reasonable time for a party to request the establishment of a new

convention support order; and

2. The Oklahoma Department of Human Services shall take all

appropriate measures to request a child support order for the

obligee if the application for recognition and enforcement was

received under Section 601-704 of this title.
Okla. Stat. tit. 43A, § 43A-3-402 — OK Code / Title 43A / Section 43A-3-402
Public policy - Purpose
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 81

It is hereby declared to be the public policy of this state to

recognize alcoholism and drug abuse as illnesses and public health

problems affecting the health, safety, morals, economy and general

welfare of the state; to recognize alcoholism and drug abuse as

illnesses subject to medical treatment and other therapeutic

intervention and abatement; and to recognize that the sufferer of

alcoholism and drug abuse is entitled to treatment and

rehabilitation. The purpose of this act is to establish means

whereby the appropriate resources of this state may be most fully

and effectively focused upon the problems of alcoholism and drug

abuse and utilized in implementing programs for the control and

treatment of these illnesses.
Okla. Stat. tit. 43A, § 43A-11-111 — OK Code / Title 43A / Section 43A-11-111
Petition for appointment of guardian
Status: in_force

Any person may petition the district court for appointment of a

guardian for a declarant when the person has good reason to believe

that the provision of mental health treatment in a particular case:

1. Is contrary to the most recent expressed wishes of a

declarant who was capable at the time of expressing the wishes;

2. Is being proposed pursuant to an advance directive for

mental health treatment that has been falsified, forged, or coerced;

or

3. Is being considered without the benefit of a revocation

which has been unlawfully concealed, destroyed, altered or canceled.
Okla. Stat. tit. 43A, § 43A-12-103 — OK Code / Title 43A / Section 43A-12-103
Definitions
Status: in_force

As used in the Suicide Prevention Act:

1. “Attempted suicide” means the voluntary and intentional

injury to one’s own body with the goal of ending one’s own life; and

2. “Suicide” means the voluntary and intentional taking of

one’s own life.
Okla. Stat. tit. 43A, § 43A-12-105 — OK Code / Title 43A / Section 43A-12-105
Authority of Department - Evaluation report
Status: in_force

A. The Department of Mental Health and Substance Abuse Services

shall act as the lead agency in implementing the provisions of the

Suicide Prevention Act.

B. The Department shall have primary responsibility for

evaluating the effectiveness of efforts designed to reduce the

number of attempted suicides and suicides, and shall electronically

submit an evaluation report to the Speaker of the House of

Representatives, the President Pro Tempore of the Senate, and the

Governor no later than July 1 of each year.
Okla. Stat. tit. 43A, § 43A-2-110 — OK Code / Title 43A / Section 43A-2-110
Citizen advisory groups
Status: in_force

A. The Commissioner of Mental Health and Substance Abuse

Services may appoint such citizen advisory groups as are deemed

necessary for effective planning and delivery of services.

Membership, terms and other details related to the functioning of

Oklahoma Statutes - Title 43A. Mental Health Page 39

such groups shall be established by the Commissioner and may be

revised or rescinded at any time.

B. Members shall be eligible for reimbursement for their travel

expenses in accordance with the provisions of the State Travel

Reimbursement Act.
Okla. Stat. tit. 43A, § 43A-3-317 — OK Code / Title 43A / Section 43A-3-317
Community-based structured crisis centers
Status: in_force

A. The Board of Mental Health and Substance Abuse Services, or

the Commissioner of Mental Health and Substance Abuse Services upon

delegation by the Board, shall certify community-based structured

crisis centers for the provision of nonhospital emergency services

for mental health and substance abuse crisis intervention. The

Board shall promulgate rules for the certification of community-

based structured crisis centers.

B. No community-based structured crisis center 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.

C. For the purposes of this section, "community-based

structured crisis center" means any certified community mental

health center, comprehensive community addiction recovery center, or

facility operated by the Department which is established and

maintained for the purpose of providing community-based mental

health and substance abuse crisis stabilization services including,

but not limited to, observation, evaluation, emergency treatment and

referral, when necessary, for inpatient psychiatric or substance

abuse treatment services.

D. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of community-based structured crisis centers

as provided in Section 3-324 of this title.

E. Certified community-based structured crisis centers shall

comply with standards adopted by the Board. Such standards shall be

in compliance with:

1. The Joint Commission on Accreditation of Healthcare

Organizations;

Oklahoma Statutes - Title 43A. Mental Health Page 70

2. The Commission on Accreditation of Rehabilitation

Facilities;

3. The Council on Accreditation (COA); or

4. Approved medical and professional standards as determined by

the Board.
Okla. Stat. tit. 43A, § 43A-5-203 — OK Code / Title 43A / Section 43A-5-203
Conveying females to facility - Female assistants -
Status: in_force

County expense.

A. Upon receiving an order from a district court to convey a

mentally ill, alcohol-dependent, or drug-dependent female to a

facility, the sheriff of such county shall procure a suitable female

to assist in conveying the female to the facility if the sheriff or

deputy who will be conveying the female is male.

B. If a female attendant is not available, a male sheriff or

male deputy may convey the mentally ill, alcohol-dependent or drug-

dependent female without a female attendant if the sheriff or deputy

conveying the female notifies the dispatcher of the specific mileage

from the collection point to the destination point, the time of

departure and the estimated time of arrival.

C. The sheriff may procure assistance, and certify the same to

the county clerk as a part of the expense of the conveyance. No

bill for the expense of such conveyance shall be allowed by the

commissioners of any county unless it is accompanied by a

certificate of the executive director of the facility, showing that

the person has been duly conveyed to the facility by, or accompanied

by a female attendant or as otherwise authorized by this section.

D. Whenever a female consumer is transferred from one facility

to another within the Department of Mental Health and Substance

Abuse Services or from a facility within the Department to another

facility of like nature elsewhere, the female must be accompanied by

a female employee of the Department or a suitable relative of the

female consumer.
Okla. Stat. tit. 43, § 43-5 — OK Code / Title 43 / Section 43-5
Application - Fees - Issuance of license and certificate
Status: in_force

A. Persons desiring to be married in this state shall submit an

application in writing signed and sworn to in person before the

clerk of the district court by both of the parties setting forth:

1. The place of residence of each party;

2. The full legal name and the age of each party as they appear

upon or are calculable from a certified copy of the birth

certificate, the current driver license or identification card, the

current passport or visa, or any other certificate, license or

document issued by or existing pursuant to the laws of any nation or

of any state, or political subdivision thereof, accepted as proof of

identity and age;

3. For each party, the full name by which the party will be

known after the marriage as provided in subsection E of this

section, which shall become the full legal name of the party upon

the filing of the marriage license and certificate with the court,

as required by law; provided, however, a marriage certificate issued

prior to June 8, 2006, or any marriage certificate which contains an

erroneous or misspelled name of a party, shall be reissued upon

request by the certificate holder to include the information

required by this paragraph. Such reissued certificate shall reflect

the original marriage date and shall be signed by the court clerk

with a notation by the clerk that the certificate is "reissued" or

"amended". Signatures of the officiant and original witnesses shall

not be required;

4. That the parties are not disqualified from or incapable of

entering into the marriage relation; and

5. Whether the parties have successfully completed a premarital

counseling program.

B. 1. Upon application pursuant to this section and the

payment of fees as provided in Section 31 of Title 28 of the

Oklahoma Statutes, if the clerk of the district court is satisfied

of the truth and sufficiency of the application and that there is no

legal impediment to such marriage, the court clerk shall issue the

marriage license authorizing the marriage and a marriage

certificate, which shall be incorporated as one document. As

required by law, the marriage certificate shall be completed

immediately following the marriage, and the marriage license and

certificate shall be returned to the court clerk.

2. Parties to be married and who present a certificate to the

clerk of the district court that states the parties have completed

the premarital counseling program pursuant to Section 5.1 of this

title shall be entitled to pay a reduced fee for a marriage license

Oklahoma Statutes - Title 43. Marriage and Family Page 11

in an amount provided in Section 31 of Title 28 of the Oklahoma

Statutes.

C. In the event that one or both of the parties are under legal

age, the application shall have been on file in the court clerk's

office for a period of not less than seventy-two (72) hours prior to

issuance of the marriage license.

D. The marriage license shall be valid in any county within the

state.

E. On the marriage certificate, the full name by which a party

shall be known after marriage may be any combination of the legal

first, middle, and last names, given names and surnames, of either

party, including segments of names or initials, with or without

hyphens. However, the marriage certificate shall not be used to

change the name of a party to an entirely different name which is

not derived from the legal name of either party. The party shall

petition for a name change using the process established in Section

1631 of Title 12 of the Oklahoma Statutes.

F. The provisions hereof are mandatory and not directory except

under the circumstances set out in the provisions of Section 3 of

this title.
Okla. Stat. tit. 43, § 43-112.7 — OK Code / Title 43 / Section 43-112.7
Modification of custody - Military deployment
Status: in_force

A military deployment shall not be used as evidence of a

substantial, material and permanent change of circumstances to

warrant a permanent modification of custody.
Okla. Stat. tit. 43A, § 43A-3-704 — OK Code / Title 43A / Section 43A-3-704
Mental health and substance abuse evaluation -
Status: in_force

Convicted felons.

After an initial appearance, a person accused of a felony

offense may submit to an approved risk, mental health and substance

abuse assessment and evaluation which shall be administered and

scored by assessment personnel certified by the Department of Mental

Health and Substance Abuse Services. Any person lacking sufficient

skills to comprehend or otherwise participate in the risk, mental

health and substance abuse assessment and evaluation shall have

appropriate assistance. The court, district attorney, arrested

person and counsel for the arrested person shall have access to the

results of the risk, mental health and substance abuse assessment

and evaluation. The results of the risk, mental health and

substance abuse assessment and evaluation shall not be admissible as

evidence in the criminal case unless specifically waived by the

defendant or for purposes of determining sentencing options for a

defendant who has pled guilty and punishment is to be determined at

the discretion of the court. The court and the district attorney

shall consider the results of the risk, mental health and substance

abuse assessment and evaluation to determine sentencing options for

the person.
Okla. Stat. tit. 43A, § 43A-621.1 — OK Code / Title 43A / Section 43A-621.1
Renumbered as § 3-310 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-392 — OK Code / Title 43A / Section 43A-392
Renumbered as § 7-110 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-120.5 — OK Code / Title 43 / Section 43-120.5
Fees - Appointment
Status: in_force

A. 1. No parenting coordinator shall be appointed unless the

court finds that the parties have the means to pay the fees of the

parenting coordinator.

2. This state shall assume no financial responsibility for

payment of fees to the parenting coordinator; except that, in cases

of hardship, the court, if feasible, may appoint a parenting

coordinator to serve on a volunteer basis.

B. 1. The fees of the parenting coordinator shall be allocated

between the parties with the relative percentages determined

pursuant to the child support guidelines.

2. The court may allocate the fees between the parties

differently upon a finding of good cause by the court or good cause

set forth in the parenting coordinator’s report.
Okla. Stat. tit. 43A, § 43A-4-101 — OK Code / Title 43A / Section 43A-4-101
Humane care and treatment - Food - Discipline - Medical
Status: in_force

care.

All persons being treated at facilities within the Department of

Mental Health and Substance Abuse Services and facilities certified

by the Department shall be given humane care and treatment. The

food shall always be sufficient and wholesome. No physical or

emotional punishment shall be inflicted, and the rules and

discipline shall be designed to promote the well-being of the person

being treated. The physical, medical, psychiatric and psychological

testing, diagnosis, care and treatment shall be in accordance with

the highest standards accepted in private and public medical and

psychiatric practice to the extent that facilities, equipment and

personnel are available.
Okla. Stat. tit. 43A, § 43A-21 — OK Code / Title 43A / Section 43A-21
Renumbered as § 2-211 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-7-112 — OK Code / Title 43A / Section 43A-7-112
Judicial proceeding for declaration of restoration to
Status: in_force

soundness of mind - Procedure.

A. When any person shall have been adjudged legally mentally

incompetent, a petition may be presented to the court or the judge

thereof which made such adjudication or to the court or the judge of

the county where the person resides, for a finding and order

declaring the person restored to soundness of mind.

1. If an order is entered restoring the person to soundness of

mind, such order shall be forwarded to the court which made the

order adjudging said incompetency, and shall be placed in the

original file of the matter. The order shall not affect any

guardianship proceedings pending so as to prevent the payment of any

lawful claims against such guardianship estate.

2. If a person has been adjudged to be legally mentally

incompetent in another state, the petition may be presented to the

district court or the judge thereof where the consumer resides or

where the facility in which the consumer is confined is located.

The petition may be presented by the person who has been declared to

be incompetent, or by the father, mother, husband, wife, brother,

sister, child, or next of kin of the person, or by the executive

director of the facility in which the consumer is held, provided,

Oklahoma Statutes - Title 43A. Mental Health Page 196

the executive director is of the opinion that the consumer has

recovered.

3. a. If the executive director of the facility where a

person is confined files a petition, in addition to

requesting an adjudication as to the person’s

competency, the executive director may request the

appointment of a temporary guardian to whom the

mentally incompetent person may be released pending

the hearing on the petition.

b. If a request is made, the executive director must

attach a verified affidavit to the petition stating

that the consumer no longer needs care and treatment

and confinement is not necessary for the safety of the

consumer and the safety of others.

B. The district attorney of the county in which the petition is

filed shall represent the executive director of the facility in

which the consumer is kept and shall prepare the necessary pleadings

for the executive director.

C. Upon presentation of the petition to the court or the judge,

the court or the judge shall set a time for hearing, and in case the

application is made by the person adjudged mentally incompetent,

shall issue notice of the hearing to be given to the person who

applied for such adjudication, if the person be found in the county,

and may cause such further notice to be given as to the court or the

judge seems proper.

D. If, upon the hearing of the petition the court or the judge

from the testimony given, shall find such person restored to

soundness of mind, an order shall be entered declaring the person

mentally competent. The testimony of at least two qualified

examiners establishing the sanity of such person, shall be required

before the finding of the court or the judge and entering the order.

E. The provisions of this section must also be followed when

determining the competency of a person who has legally been

determined to be mentally incompetent although the person is not

institutionalized.
Okla. Stat. tit. 43A, § 43A-33 — OK Code / Title 43A / Section 43A-33
Renumbered as § 2-306 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-117 — OK Code / Title 43 / Section 43-117
Modification, suspension or termination of order for
Status: in_force

income assignment.

A. Except as otherwise provided by subsection B of this

section, the person obligated to pay support or the person entitled

to the support may petition the district or administrative court to:

1. Modify, suspend, or terminate the order for income

assignment because of a modification, suspension, or termination of

the underlying order for support; or

2. Modify the amount of income to be withheld to reflect

payment in full of the delinquency by income assignment or

otherwise; or

Oklahoma Statutes - Title 43. Marriage and Family Page 75

3. Suspend the order for income assignment because of inability

to deliver income withheld to the person entitled to support

payments due to the failure of the person entitled to support to

provide a mailing address or other means of delivery.

B. If the income assignment has been initiated by the

Department of Human Services, the district court shall notify the

Department of Human Services prior to the termination, modification,

or suspension of the income assignment order.
Okla. Stat. tit. 43A, § 43A-16 — OK Code / Title 43A / Section 43A-16
Renumbered as § 2-301 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-101 — OK Code / Title 43A / Section 43A-3-101
Facilities maintained for residents
Status: in_force

The facilities within the Department of Mental Health and

Substance Abuse Services, which may be maintained for residents of

the state, are:

1. Griffin Memorial Hospital, Norman;

2. Oklahoma Forensic Center, Vinita;

3. Children's Recovery Center of Oklahoma, Norman;

4. Tulsa Center for Behavioral Health, Tulsa;

5. Carl Albert Community Mental Health and Substance Abuse

Services Center, McAlester;

6. Jim Taliaferro Community Mental Health and Substance Abuse

Services Center, Lawton;

7. Central Oklahoma Community Mental Health and Substance Abuse

Services Center, Norman;

Oklahoma Statutes - Title 43A. Mental Health Page 56

8. Northwest Center for Behavioral Health, Woodward;

9. Oklahoma County Crisis Intervention Center, Oklahoma City;

10. Oklahoma Crisis Recovery Unit, Oklahoma City; and

11. Transitions Recovery Center, Vinita.
Okla. Stat. tit. 43, § 43-601-308 — OK Code / Title 43 / Section 43-601-308
Powers of Attorney General
Status: in_force

A. If the Attorney General determines that the support

enforcement agency is neglecting or refusing to provide services to

an individual, the Attorney General may order the agency to perform

its duties under this act or may provide those services directly to

the individual.

B. The Attorney General may determine that a foreign country

has established a reciprocal arrangement for child support with this

state and take appropriate action for notification of the

determination.
Okla. Stat. tit. 43, § 43-601-203 — OK Code / Title 43 / Section 43-601-203
Initiating and responding tribunal of this state
Status: in_force

Under this act, a tribunal of this state may serve as an

initiating tribunal to forward proceedings to a tribunal of another

state and as a responding tribunal for proceedings initiated in

another state or foreign country.
Okla. Stat. tit. 43A, § 43A-2-401.1 — OK Code / Title 43A / Section 43A-2-401.1
Emergency opioid antagonists for Department of
Status: in_force

Corrections and county jails — Opioid overdoes education program.

A. As used in this section, “emergency opioid antagonist” means

a drug including but not limited to naloxone that blocks the effects

of opioids and that is approved by the United States Food and Drug

Administration for the treatment of an opioid overdose.

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

emergency opioid antagonists, the Department of Mental Health and

Substance Abuse Services shall provide emergency opioid antagonists

to the Department of Corrections and to county jails for the purpose

of implementing Section 2 of this act.

C. The Department of Mental Health and Substance Abuse Services

shall prepare and provide an opioid overdose education program to

the Department of Corrections and to county jails for the purpose of

implementing Section 2 of this act. The education program shall:

1. Conform to guidelines of the Substance Abuse and Mental

Health Services Administration for opioid overdose education;

2. Explain the causes of an opioid overdose;

3. Instruct when and how to administer in accordance with

medical best practices:

a. life-saving rescue techniques, and

b. an emergency opioid antagonist;

4. Explain how to contact appropriate emergency medical

services; and

5. Provide information on how to access emergency opioid

antagonists.
Okla. Stat. tit. 43, § 43-7 — OK Code / Title 43 / Section 43-7
Solemnization of marriages
Status: in_force

A. All marriages must be contracted by a formal ceremony

performed or solemnized in the presence of at least two adult,

competent persons as witnesses, by a judge or retired judge of any

court in this state, or an ordained or authorized preacher or

minister of the Gospel, priest or other ecclesiastical dignitary of

any denomination who has been duly ordained or authorized by the

church to which he or she belongs to preach the Gospel, or a rabbi

and who is at least eighteen (18) years of age.

B. 1. The judge shall place his or her order of appointment on

file with the office of the court clerk of the county in which he or

she resides.

Oklahoma Statutes - Title 43. Marriage and Family Page 13

2. The preacher, minister, priest, rabbi, or ecclesiastical

dignitary shall certify on the marriage certificate that he or she

holds credentials or authority from his or her church or synagogue

authorizing him or her to solemnize marriages.

C. No person herein authorized to perform or solemnize a

marriage ceremony shall do so unless he or she has good reason to

believe the persons presenting themselves before him or her for

marriage are the identical persons named in the license, and for

whose marriage the same was issued, and that there is no legal

objection or impediment to such marriage.

D. Marriages between persons belonging to the society called

Friends, or Quakers, the spiritual assembly of the Baha'is, or the

Church of Jesus Christ of Latter Day Saints, which have no ordained

minister, may be solemnized by the persons and in the manner

prescribed by and practiced in any such society, church, or

assembly.

R.L. 1910, § 3889. Amended by Laws 1951, p. 113, § 1; Laws 1961, p.

285, § 1; Laws 1971, c. 298, § 1, emerg. eff. June 24, 1971; Laws

1986, c. 24, § 1, eff. Nov. 1, 1986; Laws 1989, c. 333, § 3, eff.

Nov. 1, 1989; Laws 1998, c. 214, § 1, eff. Nov. 1, 1998; Laws 1999,

c. 305, § 1, emerg. eff. June 4, 1999; Laws 2022, c. 241, § 3, eff.

Nov. 1, 2022.